general

Terms & Conditions

Last Updated: August 4, 2026

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the Tender Retail website located at https://tenderretail.com/ and any related web pages, content, information, materials, and online features made available through the website (collectively, the "Website").

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Website.


2. Ownership and Operation of the Website

The Website is owned and operated by Tender Retail, Inc. ("Tender Retail", "we", "our", or "us").

All references to Tender Retail include its affiliates, successors, and assigns, where applicable.


3. Permitted Use

You may use the Website solely for lawful informational and business purposes and in accordance with these Terms.

You agree that you will not use the Website in any manner that violates applicable law, infringes third-party rights, or interferes with the operation, security, or integrity of the Website.


4. Prohibited Conduct

You shall not:

• Use the Website in violation of any applicable law or regulation;

• Attempt to gain unauthorized access to the Website, servers, networks, systems, accounts, or data;

• Probe, scan, or test the vulnerability of the Website or any related system;

• Circumvent authentication, authorization, or security measures;

• Upload, transmit, or distribute viruses, malware, ransomware, or other harmful code;

• Use automated tools, bots, crawlers, scrapers, or similar technologies to access, copy, monitor, harvest, or extract content from the Website without Tender Retail’s prior written consent;

• Interfere with, disrupt, overload, damage, disable, or impair the Website or any user’s access to it;

• Use the Website to transmit unlawful, harmful, misleading, abusive, defamatory, infringing, or otherwise objectionable content.


5. Intellectual Property Rights

All content, materials, and elements available on or through the Website, including text, graphics, logos, icons, trademarks, service marks, software, images, audio, video, documentation, layouts, designs, and other materials, are owned by or licensed to Tender Retail and are protected by applicable intellectual property and proprietary rights laws.

Except as expressly permitted by these Terms or by applicable law, you may not copy, reproduce, modify, distribute, publish, display, transmit, create derivative works from, or otherwise exploit any Website content without Tender Retail’s prior written consent.

Nothing on the Website grants any license, right, title, or interest in or to any Tender Retail intellectual property except as expressly stated in a separate written agreement signed by Tender Retail.


6. Product and Service Information

Information on the Website regarding Tender Retail products, services, features, functionality, integrations, specifications, availability, roadmaps, or future plans is provided for general informational purposes only.

Such information may be changed, updated, withdrawn, or discontinued at any time without notice and does not constitute a binding commitment, representation, warranty, or offer by Tender Retail.

Actual product features, service obligations, licensing terms, support commitments, implementation responsibilities, pricing, warranties, and service levels are governed only by the applicable written agreement between Tender Retail and the relevant customer or partner.


7. Software, Documentation, and Downloads

Any software, documentation, white papers, brochures, technical materials, or other downloadable materials made available through the Website are protected by intellectual property laws and may be subject to separate license terms, product terms, or other written agreements.

No software license or other right is granted by these Terms except as expressly set forth in a separate written agreement or applicable license terms provided by Tender Retail.


8. Customer Portals and Restricted Areas

Certain portions of the Website may be restricted to authorized customers, partners, employees, or other approved users.

If you are provided login credentials or access rights, you are responsible for maintaining the confidentiality of those credentials and for all activity occurring under your account.

You must notify Tender Retail promptly of any unauthorized access, suspected security incident, or misuse of credentials. Unauthorized access to restricted areas is strictly prohibited.


9. User Submissions and Feedback

If you submit inquiries, support requests, forms, comments, suggestions, ideas, enhancement requests, recommendations, or other feedback through the Website or otherwise to Tender Retail (collectively, "Submissions"), you represent that you have the right to provide such Submissions and that they do not violate applicable law or third-party rights.

Tender Retail may use Submissions for the purposes of responding to inquiries, providing services, improving products and services, and conducting its business operations.

Any suggestions, ideas, enhancement requests, recommendations, or feedback regarding the Website, products, or services may be used by Tender Retail without restriction, obligation, or compensation to you.


10. Privacy

Your use of the Website is also subject to the Tender Retail Privacy Policy, which describes how personal information may be collected, used, disclosed, retained, and protected.

The Website uses cookies, analytics, trackers, or similar technologies, and the applicable cookie notice or cookie policy is also made available to users.


11. Electronic Communications

By contacting Tender Retail through the Website, submitting web forms, or communicating with us electronically, you consent to receive communications from Tender Retail electronically, including notices, disclosures, responses, and other communications related to your inquiry or use of the Website.

You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.


12. Third-Party Websites and Resources

The Website may contain links to third-party websites, resources, products, or services. These links are provided solely for convenience.

Tender Retail does not control, endorse, or assume responsibility for any third-party websites, content, privacy practices, products, services, or resources. Your use of third-party websites is at your own risk and subject to the terms and policies of those third parties.


13. Security

Tender Retail may implement measures intended to protect the Website and related systems; however, no website or transmission over the internet can be guaranteed to be completely secure.

You are responsible for using appropriate safeguards when accessing the Website and for ensuring that your systems are protected against malware, viruses, and other harmful components.

Tender Retail reserves the right to investigate actual or suspected violations of these Terms and to take any action it deems appropriate, including suspending or restricting access to the Website and cooperating with law enforcement or regulatory authorities where appropriate.


14. Export Compliance and Sanctions

You agree to comply with all applicable export control, sanctions, anti-boycott, and trade compliance laws and regulations in connection with your use of the Website and any materials accessible through it.

You may not access, download, use, export, re-export, or transfer any Website materials in violation of applicable law or to any prohibited destination, person, entity, or end use.


15. Accessibility Statement

Tender Retail is committed to making its Website accessible and usable for its visitors. Tender Retail may publish a separate accessibility statement describing accessibility efforts, standards, known limitations, and contact information for accessibility-related inquiries.

Accessibility-related feedback may be submitted to [Accessibility Contact Email].


16. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, FEATURES, AND FUNCTIONALITY PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENDER RETAIL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, AND AVAILABILITY.

TENDER RETAIL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, CURRENT, COMPLETE, OR FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.


17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TENDER RETAIL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, YOUR USE OF THE WEBSITE, OR YOUR INABILITY TO USE THE WEBSITE.

IN NO EVENT SHALL TENDER RETAIL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, AND EVEN IF TENDER RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


18. Indemnification

You agree to defend, indemnify, and hold harmless Tender Retail and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your access to or use of the Website;

• Your violation of these Terms;

• Your violation of any applicable law or regulation;

• Your infringement, misappropriation, or violation of any third-party rights;

• Any Submissions or other content you provide through or in connection with the Website.


19. Website Availability and Changes

Tender Retail may modify, update, suspend, restrict, or discontinue all or any portion of the Website at any time, with or without notice.

Tender Retail shall not be liable for any interruption, delay, error, unavailability, modification, suspension, restriction, or discontinuance of the Website.


20. Changes to these Terms

Tender Retail may revise these Terms from time to time. Updated Terms will be posted on the Website with a revised effective date.

Your continued use of the Website after updated Terms are posted constitutes your acceptance of the revised Terms.


21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or the Website shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada, unless otherwise required by applicable law.


22. Contact Information

Questions regarding these Terms may be directed to:


Tender Retail, Inc.

5100-75 Rue Queen, Montréal, QC H3C 2N6

sales@tenderretail.com

1-888-225-2249