The agreement governing your use of Tar Kingdom Corp.'s website and services
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Tar Kingdom Corp., a Canadian corporation with its principal place of business at 208 Annapolis Circle, Ottawa, Ontario K1V 1Y9, Canada.
By accessing or using the website located at https://www.tarking.lat, including any subdomains, mobile versions, and any related services, content, features, software, or applications, you agree that you have read, understood, and agree to be bound by these Terms of Service.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms of Service. In such case, the terms you and your shall refer to such entity.
If you do not agree with all of these Terms of Service, you are expressly prohibited from using the website and must discontinue use immediately. Your continued use of the website following the posting of revised Terms of Service means that you accept and agree to the changes.
For the purposes of these Terms of Service, the following definitions apply:
The Website is intended for users who are at least 18 years of age. By using the Website, you represent and warrant that you are at least 18 years old, or that you are at least the age of majority in your jurisdiction of residence, and that you have the legal capacity to enter into binding contracts. Individuals under the age of 18 are not permitted to use or register for the Website.
Certain features of the Website or Services may require you to register for an account. When you create an account, you agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss or damage arising from your failure to comply with this security obligation.
The Company reserves the right to suspend or terminate your account at any time, with or without cause, with or without notice, effective immediately. You may terminate your account at any time by contacting us through the contact information provided on the Website.
Unless otherwise indicated, the Website and all Content, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, page layout, underlying code, and the overall design and architecture of the Website, is the proprietary property of Tar Kingdom Corp. or its licensors and is protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Tar Kingdom Corp. name, the Tar Kingdom logo, the domain name tarking.lat, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without the prior written permission of the Company.
Subject to your compliance with these Terms of Service, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include any right to:
If you submit, upload, or transmit any content through the Website, including but not limited to messages, feedback, suggestions, project specifications, or other materials, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with operating and providing the Website and Services.
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or Services:
The Company has the right to take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website. The Company also has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
The provision of professional services, including but not limited to computer systems design, IT consulting, cloud infrastructure engineering, cybersecurity services, custom software development, and systems integration, shall be governed by a separate written statement of work, service agreement, or master services agreement executed between the Company and the Client. These Terms of Service do not create a service relationship.
Any proposals, estimates, or quotations provided by the Company are valid only for the period specified therein and are subject to change based on a more detailed assessment of project requirements. The Company reserves the right to withdraw or modify any proposal at any time before a binding agreement is executed by both parties.
In the course of a service engagement, the Client agrees to:
Any project timelines, milestones, or delivery dates provided by the Company are estimates based on the information available at the time of estimation. The Company will use commercially reasonable efforts to meet estimated timelines but shall not be liable for delays caused by circumstances beyond its reasonable control, including delays attributable to the Client.
The Company is and shall remain an independent contractor in its relationship with the Client. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Company and the Client.
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TAR KINGDOM CORP., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100.00) OR THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS SET FORTH IN SECTION 7.3 SHALL NOT APPLY TO DAMAGES ARISING FROM THE PROVISION OF PROFESSIONAL SERVICES GOVERNED BY A SEPARATE WRITTEN AGREEMENT, WHICH SHALL BE GOVERNED BY THE LIABILITY PROVISIONS CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE WEBSITE OR SERVICES TO YOU ABSENT SUCH DISCLAIMERS AND LIMITATIONS.
You agree to defend, indemnify, and hold harmless Tar Kingdom Corp., its parent, subsidiaries, affiliates, and each of its and their respective directors, officers, employees, agents, contractors, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses including reasonable attorneys' fees and costs, arising from or in connection with:
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses. You shall not settle any claim subject to this indemnification without the prior written consent of the Company.
The Website may contain links to third-party websites, applications, and resources that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, terms of service, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any link on the Website does not imply endorsement by the Company of the linked website or its operator.
The Company reserves the right, in its sole discretion, to terminate or suspend your access to the Website and Services, in whole or in part, at any time, with or without notice, for any reason or for no reason, including without limitation for a breach of these Terms of Service.
You may terminate your use of the Website at any time by ceasing to access the Website. If you have a registered account, you may request deletion of your account by contacting the Company at reply@tarking.lat.
Upon termination of your access to the Website, your right to use the Website will immediately cease. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to principles of conflict of laws.
Subject to Section 11.3, you agree that any legal action or proceeding arising out of or relating to these Terms of Service shall be brought exclusively in the courts of competent jurisdiction located in Ottawa, Ontario, Canada. You irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.
Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute informally by contacting the Company at reply@tarking.lat. Both parties agree to negotiate in good faith to resolve the dispute for a period of at least 60 calendar days. If the dispute cannot be resolved through informal negotiation within that period, either party may proceed with formal dispute resolution mechanisms.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
The Company reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service at any time. When we make material changes, we will update the Last Updated date at the top of this page and post the updated terms on the Website.
For material changes, we will endeavor to provide additional notice, which may include:
Your continued use of the Website after the effective date of the revised Terms of Service constitutes your acceptance of the updated terms. If you do not agree to the new terms, you must stop using the Website. It is your responsibility to review these Terms of Service periodically for changes.
These Terms of Service, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company concerning your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Website.
If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to achieve as nearly as possible the same economic and legal effect as the original provision, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity and enforceability of any remaining provisions.
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You may not assign or transfer any of your rights or obligations under these Terms of Service without the prior written consent of the Company. The Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms of Service, in whole or in part, without your consent or notice, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
The Company shall not be liable for any failure or delay in performance of its obligations under these Terms of Service arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation acts of God, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, strikes, epidemics, pandemics, riots, power failures, computer hardware or software failures, telecommunications failures, or governmental actions.
Nothing in these Terms of Service shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and the Company.
Any notices or other communications permitted or required hereunder shall be in writing. The Company may provide notices to you through the Website, by email to the address you provided during registration, or by posting on the Website. Notices to the Company must be sent to reply@tarking.lat or to 208 Annapolis Circle, Ottawa, Ontario K1V 1Y9, Canada, Attention: Legal Department.
The section headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect the interpretation of these terms.
All provisions of these Terms of Service which by their nature should survive termination of your access to the Website shall survive, including Sections 4 (Intellectual Property Rights), 7 (Disclaimers and Limitation of Liability), 8 (Indemnification), 11 (Governing Law and Dispute Resolution), and 13 (General Provisions).
For any questions, concerns, or communications regarding these Terms of Service, please contact us at:
If you become aware of any violation of these Terms of Service by any person or entity, please report the matter promptly to reply@tarking.lat with a detailed description of the violation, including any supporting evidence.
If you require these Terms of Service in an alternative format due to a disability, please contact us and we will work with you to provide an accessible version.