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169 Enterprise Blvd, Unit 300, Markham, ON, L6G 0E7
289-301-8088
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The following terms of use, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the "Terms of Use") govern your access to and use of services and tools provided by Buy.ca and the Converge Realty Inc., hereafter referred to collectively as “ Buy.ca” or “we” or “our”: (a) our website available at www.Buy.ca (the "Website"), our web application (the " Buy.ca Web App") and mobile application (the " Buy.ca App") including any content and functionality (collectively, the Website, the Buy.ca Web App and the Buy.ca App are " Buy.ca); (b) any text, pictures, media, data, information, materials and other content (collectively, the "Content") contained on or provided through (a); and (c) all other products or services provided by us to you on or through Buy.ca(collectively, the "Offering(s)"(. References in these Terms of Use to Buy.ca will include where applicable the Content and the Offerings.
These Terms of Use form an agreement between Buy.caand our subsidiaries ("Buy.ca", "us", "we", "our") and you. The term "you" or "User" refers to the person or entity browsing, installing, downloading, accessing or otherwise using Buy.ca ("use" or "using" in these Terms of Use will mean any of the foregoing).
By using Buy.ca in any way or by clicking to accept the terms and conditions, you: (A) Represent and warrant that (I) You have reached the legal age of majority in your jurisdiction, (II) You have the capacity to enter into binding obligations, and (III) All information supplied by you to us throughBuy.ca is true, accurate and complete; and (B) Agree to be bound by and comply with these terms of use, as updated from time to time in accordance with section 1. If you do not agree to these terms of use you must not usedBuy.ca.
If you are using Buy.ca on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these terms of use.
These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Offerings.
(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Buy.ca Website, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to Buy.ca; and (iii) update the "Last Updated" date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of Buy.ca is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using Buy.ca. Otherwise, your continued access to or use of Buy.ca after any changes to these Terms of Use indicates your acceptance of such changes.
(b) We reserve the right to changeBuy.ca at any time, without notice. We may, at our discretion, suspend your access to or use of Buy.ca or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use Buy.ca.
(a) To access certain features of Buy.ca, you may be required to successfully sign up for a user account using the available interfaces of the services, and establish login credentials (the "User ID"). If you establish a User ID, you will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person. You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to Buy.ca.
(b) We reserve the right to disable any User ID issued to you at any time at our sole discretion. If we disable access to a User ID issued to you, you may be prevented from accessing Buy.ca(or any portion thereof).
(c) Buy.ca is entitled to act on instructions received through your account. Buy.ca is not responsible for any actions taken or transactions made to or from your account by any other party using your User ID. You are solely responsible for any and all use of your User ID and all actions and activities that occur under or in connection with the User ID. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of Buy.ca and your account, including without limitation terminating your account or changing your password. You agree to be responsible for any act or omission of any users that access Buy.ca under your User ID that, if undertaken by you, would be deemed a violation of these Terms of Use. If a username and password, or any other access credentials, are provided to you as the end user, it is your responsibility to keep such information confidential.
(a) When you use or view Buy.ca or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message, or by posting notices on Buy.ca. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(b) If you elect to receive text messages through Buy.ca, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of Buy.ca.
(c) By creating an account to access Buy.ca, you acknowledge and agree that Buy.ca and its partners Perch and Ownright will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through user features made available through Buy.ca from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must uninstall, delete and stop using Buy.ca. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.
Buy.ca is a real estate information and service provider. Buy.cahas a real estate broker license in jurisdictions in which it provides brokerage services.
(a) By using Buy.ca, you acknowledge and agree that Buy.cawill be transmitting certain of your Personal Information electronically.
(b) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from,Buy.ca, including your Personal Information (collectively, "User Data"): (i) to develop, enhance and make available Buy.ca; and (ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the "Aggregated Data"). We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term for any purpose and without obligations of any kind. To the extent permitted by applicable law, Buy.ca will not be liable for any failure to store, or for loss or corruption of your User Data.
(c) Please review our current privacy policy, which contains important information about our practices in Handling information about identifiable individuals ("Personal Information"), and which is hereby incorporated into and forms a part of these Terms of Use. The term "Handle" means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
(d) You represent and warrant to us that: (i) your User Data will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available Buy.ca and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data , including any intellectual property owned by third parties; and (iii) you will not submit, upload, or otherwise make available viaBuy.ca, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the license as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.
You acknowledge that Buy.ca may from time to time issue updated or upgraded versions of Buy.ca, and may (subject to your device settings) automatically electronically update or upgrade the version of Buy.ca that you are then currently using on your browser. You consent to receive updates or upgrades to Buy.caautomatically without providing further consent each time. Buy.ca(including any updates or upgrades) may: (i) cause your device to automatically communicate with our servers to deliver the functionality described in Buy.ca description or through new features as they are introduced, and to record usage metrics; (ii) affect preferences or data stored on your device; and (iii) collect personal information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how Buy.ca works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us in the manner described below.
(a ) Neither these Terms of Use nor your use of Buy.cagrants you ownership in Buy.ca. These Terms of Use do not grant you any right to use any Content, including Buy.ca ' trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to Buy.ca, including any updates, adaptations, translations, customizations or derivative works thereof, will remain the sole property of Buy.ca (or our third-party suppliers, if applicable ). Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use Buy.ca. Buy.ca and all materials provided by us hereunder are made available or licensed and not "sold" to you. All rights not expressly granted to you in these Terms of Use are reserved by Buy.ca.
(b ) Certain elements of Buy.ca are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling Buy.ca or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
(c) Buy.ca is the trademark and trade name of Buy.ca . Any trademarks, graphics, logos or other commercial symbols appearing in or on Buy.ca and Offerings are the exclusive property of Buy.ca(or its third-party suppliers) and may not be used in any manner without our express written consent.
Your access to and use of certain functionalities provided in or through Buy.ca may be subject to additional terms and conditions presented to you by Buy.ca or its service providers. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.
You will not use Buy.ca in violation of these Terms of Use or of any applicable law. You will not, without our prior written permission, use Buy.ca for any purpose other than to access and use Buy.ca in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not (and will not attempt to,1 directly or indirectly
We do not guarantee the confidentiality of any communications made by you through Buy.ca. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of Buy.ca.
You agree that any suggestion, feedback or idea provided by you (collectively, "Feedback"( will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on Buy.ca or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author's rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
(a) Buy.ca may provide or publish links or access to third party content, websites, or services. Likewise, we may allow you to access Buy.ca from third party systems. Buy.ca does not represent that it has reviewed such third party websites or services and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third party content, websites, or services are the property of their respective owners. Buy.ca does not endorse any third party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Buy.ca ' control, and if you choose to access any such content, websites, or services, or to accessBuy.ca from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use.
(b) Your interactions with organizations and/or individuals found on or through Buy.ca, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable lawBuy.ca is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you choose to contact an organization or individual through Buy.ca, you consent to us providing any information you submit to the third party and you acknowledge that we may be paid for the facilitation of this connection.
(c) Some of our third party content providers have specific requirements for you to see their data. These requirements are provided in Section 23 (Virtual Office Website). By using Buy.ca, you agree to accept and conform with these requirements.
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that Buy.ca is compatible with your computer system or mobile device or that Buy.ca, or any links fromBuy.ca, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of Buy.ca.
The laws of certain jurisdictions, which may include Quebec, do not allow the exclusion or limitation of certain legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these terms of use (including the following disclaimers) may not apply and you may have additional rights. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition, the scope and duration of such warranty or condition will be the minimum permitted under such applicable law.
To The Fullest Extent Permitted By Applicable Law, You Acknowledge, Understand, And Agree That Buy.ca And Offerings Are Provided "As Is" And "As Available", With All Faults And Without Warranties Or Conditions Of Any Kind. Except For Any Specific Warranties Provided Or As Otherwise Required By Law, To The Fullest Extent Permitted By Applicable Law, We Disclaim All Warranties, Representations And Conditions Of Any Kind With Respect To Buy.ca And Offerings Whether Express, Implied, Statutory Or Collateral, Including, Without Limitation, Any Warranties And Conditions Of Merchantability, Quality, Durability, Compatibility, Title, Security, Reliability, Completeness, Quiet Enjoyment, Accuracy, Currency, Timeliness, Integration, Fitness For A Particular Or General Purpose And Non-Infringement, And/Or Any Warranties Or Conditions Arising Out Of Course Of Dealing Or Usage Of Trade, And/Or That Buy.ca And Offerings Are Or Will Be Error-Free Or Will Operate Without Interruption.
To The Fullest Extent Permitted By Applicable Law, We Disclaim All Warranties, Representations And Conditions Of Any Kind With Respect To Third Party Communications And Any Third Party Websites Or Content Directly Or Indirectly Accessed Through Buy.ca.
To The Fullest Extent Permitted By Applicable Law, In No Event Will We Or Our Affiliates Or Our Or Their Respective Officers, Directors, Shareholders, Employees, Contractors, Agents, Licensors, Licensees And Services Providers And Any Successors And Assigns Of The Foregoing (Collectively With Buy.ca , The "Buy.ca Parties") Be Liable, Whether Based On Warranty, Contract, Tort, Negligence, Strict Liability Or Any Other Legal Theory, For Any Direct, Indirect, Incidental, Consequential, Special, Exemplary Or Punitive Damages; Or Lost Profits, Loss Of Use, Loss Of Data, Personal Injury, Fines, Fees, Penalties Or Other Liabilities, In Each Case, Whether Or Not We Were Advised Or Should Have Known Of The Possibility Of Such Damages, Resulting From Or Related To Buy.ca Or The Inability To Make Use Of Buy.ca, Or These Terms Of Use. If You Are Dissatisfied With Any Portion Of Buy.ca, Your Sole And Exclusive Remedy Is To Discontinue Use Of Buy.ca.
Without Limiting The Foregoing, Under No Circumstances Will Any Of The Buy.ca Parties Be Held Liable For Any Delay Or Failure In Performance Resulting Directly Or Indirectly From Acts Of Nature, Forces, Or Causes Beyond Our Or Their Reasonable Control, Including, Without Limitation, Internet Failures, Computer Equipment Failures, Telecommunication Equipment Failures, Other Equipment Failures, Electrical Power Failures, Strikes, Labour Disputes, Riots, Insurrections, Civil Disturbances, Shortages Of Labour Or Materials, Fires, Floods, Storms, Explosions, Pandemics, Acts Of God, War, Governmental Actions, Orders Of Domestic Or Foreign Courts Or Tribunals, Or Non-Performance Of Third Parties.
You will defend, indemnify and hold harmless the Buy.ca Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (a) Your User Data ; (b) your breach of any provision of these Terms of Use or any documents referenced herein; (c) your violation of any law or the rights of a third party (including intellectual property rights); (d) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into Buy.ca; or (e) your use of Buy.ca or Offerings (except to the extent prohibited by law). Buy.ca reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to Buy.ca.
These Terms of Use will commence on the day you first use Buy.caand will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the "Term+(. We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through Buy.ca. You may terminate these Terms of Use at any time and with immediate effect by requesting by email that your User ID be deleted, ceasing use of Buy.ca and uninstalling and deleting Buy.ca. For greater certainty, if you continue to use any portion of Buy.ca that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
Buy.ca makes no representation that Buy.ca is or will be available for use in all locations outside Canada or all locations within Canada. We provide Buy.ca for use only by persons located in Canada, excluding Quebec. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law, and such laws apply to your access to or use of Buy.ca, notwithstanding your domicile, residency or physical location. You will only use Buy.cain jurisdictions where Buy.ca may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Ontario in all disputes arising out of or relating to the use of Buy.ca. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(b) Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to Buy.ca and Offerings. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(c Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5 (User Data and Privacy), 6 (Ownership of Buy.ca), 8 (Additional Terms), 11 (Communications Not Confidential), 13 (Third Party Content, Websites or Services) 14 (Malicious Code and Security), 15 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnification), and 21 (General Provisions).
(d) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
(e) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
(f) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
(g) Dispute Resolution. If you believe that Buy.ca has not adhered to these Terms of Use, please contact Buy.ca using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
If you have any questions or comments regarding these Terms of Use, please contact us atinfo@Buy.ca
Buy.ca is a member of real estate associations, boards, and similar organizations across Canada (collectively and individually, the "Real Estate Boards"), and provides you with access to information from these entities through a Virtual Office Website ("VOW"), pursuant to the following terms.
(a) Apple App Store Additional License Terms. If Buy.ca is provided to you through the Apple Inc. )Apple Inc. together with all of its affiliates, "Apple"( App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for Buy.ca and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use Buy.ca only on a device that you own or control. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to Buy.ca. In the event of any failure of Buy.ca to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for Buy.cato you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Buy.ca, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with Buy.ca related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third party claim that Buy.ca or your possession and use of Buy.ca infringes that third party's intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to Buy.ca at the contact information below. Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End User License Agreement (the current version as of the date these Terms of Use was last updated is located at:http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/)http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple's instructions for Minimum Terms for Developer's End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
(b) Google Play Additional License Terms. If Buy.ca is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, "Google") Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
(i) You acknowledge that Google is not responsible for providing support services for Buy.ca.
(ii) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located athttps://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google's Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.