Agreement of Terms of Service and Condition of Use

Welcome to THOUSHALLFIND.COM owned and operated by Commerce Softwareness Inc. (hereinafter referred to interchangeably as "thoushallfind.com", "THE SITE" and/or "We"/"Us"). We offer you access to and use of our site thoushallfind.com services, applications and tools (collectively "Services").

By accessing thoushallfind.com, you agree to the following Agreement of Terms of Service and Use that are applicable to you whether you are a Vendor, Purchaser, Participant, Customer and/or third party User, of THE SITE. Please read the below stated clauses of the Agreement carefully.

1.
ACCOUNT CREATION ACCESS

In order to access and use some or a portion of the Services, you are required to register with thoushallfind.com and set up an account with your email address and a password (your “Account”). You are solely responsible for maintaining the confidentiality of your password. All activities that occur under your Account are your sole and entire responsibility.

2.
ROLE OF THOUSHALLFIND.COM AND YOUR RELATIONSHIP WITH US
  1. You acknowledge that thoushallfind.com is a facilitator and is not party to any contractual relationship between Vendor and Purchaser or any and all Customers and Participants.
  2. You and thoushallfind.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
  3. As between you and us, you shall be solely responsible for all obligations associated with the use of our site and any third party service or feature that you permit us to use on your behalf. You will not make any statement, whether on your posting, your private site or otherwise, that would contradict anything in this section.
3.
USER UNDERTAKINGS
  1. You accept that you shall post prudently and respectfully in the appropriate category or area of the thoushallfind.com Site and you undertake that you shall not engage in any activities that violate any laws of civil responsibility, tort, federal criminal laws and State and Provincial penal laws in North America and throughout the world.
  2. You also undertake and acknowledge that you shall not be false and misleading in your postings and your activities and you further agree that you shall not engage in any of the following unacceptable activities including, inter alia i) the distribution of chain letters, or pyramid schemes or anything that contains spam, viruses or any other technologies that may harm thoushallfind.com or the interests or property of thoushallfind.com and its users or interfere with the proper working of thoushallfind.com ii) the copying, modification, or distribution of any other person's content, and collection of content for any purpose or then for the conclusion of an authorized transaction such as a sale or purchase within the Services of thoushallfind.com.
4.
YOUR AND OUR RESPONSIBIITIES
  1. Price Fixing

    You as Vendor or you as User making the posting shall solely be responsible to determine and set the price to charge for the goods and services offered and sold to all Customers and you shall be solely responsible to charge and collect any applicable federal, provincial, national, state or local sales taxes or value added taxes that you are legally obligated to charge (“Taxes”) and any other transaction-based charges. You shall be responsible for the collection, reporting and payment of any and all of said Taxes and all other present or future taxes of any nature whatsoever.

  2. Goods and Services Descriptions

    It is the sole responsibility of you as Vendor or you as User making a posting to provide accurate and complete descriptions. Thoushallfind.com does not warrant that the descriptions of goods and services are complete, precise, without error and omission. Thoushallfind.com is only the intermediary facilitator that hosts the postings of others and thoushallfind.com therefore provides the postings to you and all Users as “as is” is” and “as available” and as SPECIFIED IN WRITING BY THE VENDOR OF THE GOOD AND SERVICES. Therefore, all other inquiries as to quality and title of goods and services are to be directed solely to the participant party posting said good and service. Thoushallfind.com does not guarantee the accuracy of postings or the quality, safety, or legality of the goods and services offered to you.

  3. Thoushallfind.com Product Disclaimers and Limitations of Liability

    Thoushallfind.com expressly disclaims all legal warranties, representations, express or implied, including but not limited to those of quality, durability, fitness for a particular purpose and use the whole as provided by law. We are not liable for any pecuniary loss, including profit, goodwill, direct or indirect damages arising out of your use of thoushallfind.com even if you advise us or we could reasonably foresee the possibility of any such damage occurring. You acknowledge fully understanding this exclusion of liability and you declare freely consenting to accept and adhere to it.

  4. Payment, Delivery, Risk of Loss and Damage Disclaimers

    The delivery and mode of payment of all items and services purchased from THE SITE shall be determined directly between you as Vendor and your Customer Purchaser of said items and services, the whole to the full and complete exoneration of thoushallfind.com. Deliveries shall be determined by the shipment contract between you the Vendor and the Purchaser and the risk of loss and damage for such items shall be determined therein to the complete exclusion of any implication of any nature whatsoever of thoushallfind.com and thoushallfind.com shall NOT at all times be responsible for any and all losses and damages to any and all participating parties and our liability is totally excluded

  5. Party Disputes.

    Any disputes between Vendor and Purchaser, Customer or any other Participant relating to goods and services, including but not limited to, non-performance, mistakes, deliverability, returns, refunds and title must be resolved entirely between those parties to the entire exclusion of thoushallfind.com because we are just facilitators and we are not agents for any users of the SITE whether Vendor, Purchaser, Customer or any Participant.

5.
GENERAL DISCLAIMER OF WARRANTIES, RELEASE AND INDEMNIFICATION
  1. The THOUSHALLFIND.COM sites and the services, including all content, software, functions, materials and information made available on or provided in connection with the services, are provided "as-is." therefore, as a user of the services, be you a vendor, purchaser, customer or other third party, you use the THOUSHALLFIND.COM sites and services at your own risk.

    To the fullest extent permissible by law and as hereby agreed to and accepted by you, we and our representatives and affiliates disclaim:
    1. Any and all representations or warranties regarding this Agreement, the services or the transactions contemplated by this Agreement, including any implied warranties of merchantability, fitness for a particular purpose or use;
    2. Any and all implied warranties arising out of custom and usage of trade; and
    3. Any obligation, liability, right, claim or remedy in civil responsibility, tort, contract, and equity, whether or not arising from our negligence.
  2. Because THOUSHALLFIND.COM. is not involved in transactions between customers, vendors and purchasers or other participant dealings, if a dispute arises between one or more participants, each participant releases THOUSHALLFIND.COM.com and its representatives and employees, from any and all claims, demands, and damages, direct and indirect of any nature, known, foreseeable and unforeseeable, closed, arising out of or in any way related with such disputes.
  3. Consequently, you further agree to that you will indemnify and hold harmless THOUSHALLFIND.COM. and its representatives officers, directors, agents and employees and affiliates, from any claim made by you and/or any third party, together with any amounts payable to you and/or the third party including all Legal Costs and Fees incurred, whether in settlement or as may otherwise be awarded by judgment or arbitration, arising from or relating to your use of the THOUSHALLFIND.COM Services, any alleged violation by you and/or any third party of the applicable terms, and any alleged violation by you and/or any third party u of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.
6.
SPECIFIC SITE USE DISCLAIMER AND LIMITATION OF LIABILITY
  1. THOUSHALLFIND.COM makes no representations or warranties of any kind, express or implied as to the operation of the THOUSHALLFIND.COM services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the thoushallfind.com services. You expressly agree that your use of the THOUSHALLFIND.COM services is at your sole risk.
  2. THOUSHALLFIND.COM does not warrant that the THOUSHALLFIND.COM services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the thoushallfind.com services, THOUSHALLFIND.COM servers or electronic communications sent from THOUSHALLFIND.COM are free of viruses or other harmful components. THOUSHALLFIND.COM will not be liable for any damages of any kind arising from the use of any THOUSHALLFIND.COM service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any thoushallfind.com service, including, but not limited to direct, indirect, incidental, punitive, and compensatory damages, unless otherwise specified in writing.
  3. Furthermore, THOUSHALLFIND.COM does not warrant that the functions contained in the THOUSHALLFIND.COM sites and the services will meet your requirements nor do we warrant that they will be available, in a timely, secure, uninterrupted or error free mode, and we will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any transactions. THOUSHALLFIND.COM will overall not be liable for any delay or failure to perform any of our obligations under this agreement due to force majeure that is by reasons, events or other matters beyond the reasonable control of THOUSHALLFIND.COM.
7.
TRADEMARKS

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through the thoushallfind.com SITE and Services, are trademarks or trade dress of thoushallfind.com in the U.S., Canada and other countries. Thoushallfind.com trademarks and trade dress may not be used in connection with any product or service that is not thoushallfind.com, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits thoushallfind.com. All other trademarks not owned by thoushallfind.com that appear in any thoushallfind.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by thoushallfind.com.

8.
COPYRIGHT

All content made available through and included in and on our thoushallfind.com SITE and Services, such as software, graphics, logos, button icons, images, text, audio clips, digital downloads, and data compilations, is the property of thoushallfind.com or its content suppliers and protected by Canadian and international copyright laws. The combination of all content included in or made available through any thoushallfind.com SITE and Services, is the exclusive property of thoushallfind.com and protected by U.S. Canadian, and international copyright laws.

9.
APPLICABLE LAW

By using any thoushallfind.com Service, you agree that the laws of the province of Quebec, CANADA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and thoushallfind.com.

10.
PRIVACY POLICY

Our data privacy and protection is governed by PIPEDA (Bill-6) Personal Information Protection and Electronic Documents Act of Canada. All data collected on our portal is treated as soul property of its owner (user or vendor) and is kept private. No data from our portal is shared, distributed, or used for any purpose other than its stipulated use, which is to provide our vendor access to the global market space and our users – the convenience to manage their data (purchase history, wish list, and delivery status etcetera).

11.
RETURN AND REFUND POLICY

All returns, refunds, replacements, and compensations are soul responsibility of the vendors (product or service vendor). “thoushallfind.com” is provider of an online B2B, B2C, and C2C platform for businesses. “thoushallfind.com” does not participate, directly or indirectly, in controlling product/service quality of vendors that it hosts on its portal. Product/Service quality and/or quantity being delivered are soul responsibility of our vendors.