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TERM & CONDITION

This Terms of Use Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity, and any individuals or entity authorized by you to use the System and Service pursuant to this Agreement (together as “you”) and Orca Smart Inc. and its affiliated companies (collectively, “Company” or “we” or “us” or “our”), concerning your access to and use of the [name of the business portal system] as well as any software, website or application related or connected thereto (collectively, the “System”). The System provides the following service: [Description of Service] (“Company Services”). Supplemental terms and conditions or documents that may be posted on the system from time to time, are hereby expressly incorporated into this Agreement by reference.

The company makes no representation that the System is appropriate or available in other locations other than where it is operated by the Company. The information provided in the System is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the System from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the System or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BYCONTINUING TO USE THE SYSTEM. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOTUSE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THESYSTEM.

PURCHASES & PAYMENT

Company bills you through an online billing account for purchases of products and/or services. You agree to pay Company all charges at the prices then in effect for the products you or other persons using yourbilling account may purchase, and you authorize Company to charge your chosen payment provider forany such purchases. You agree to make payment using that selected payment method. If you haveordered a product or service that is subject to recurring charges then you consent to our charging yourpayment method on a recurring basis, without requiring your prior approval from you for each recurringcharge until such time as you cancel the applicable product or service. Company reserves the right tocorrect any errors or mistakes in pricing that it makes even if it has already requested or receivedpayment. Sales tax will be added to the sales price of purchases as deemed required by Company.Company may change prices at any time. All payments shall be in U.S. dollars. You agree that in anyaction brought by the Company to recover for non-payment of any good or service ordered by theCustomer that the Company will also be entitled to recover its costs, fees including reasonable attorney fees.

REWARD POINTS:

The Company shall have the right to issue reward points to customers as a reward. Reword Points are only valid on purchases from the Company and for no other purpose. Reward Points are only issued in connection with valid completed sales transactions and shall be void and of no further effect if sold, transferred or stolen. Reward Points may only be used up to the cost of the item and may not be used for payment of taxes and any other fees that may apply to the transaction. The Reward Point program may be discontinued or modified at any time by the Company without prior notice and the Company shall no liability. It is agreed that the reward points have no cash value, but if it is ever determined that the Reward Points have value, then the agreed upon value shall be equal to .0001 cents per point. Reward Points will expire if not used within twelve (12) months from the date of purchase.

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