Terms
Atorym Inc. | Toronto, Ontario, Canada | info@atorym.com | atorym.com
Effective Date: August 17, 2026
These Terms ("Terms") govern access to and use of the Atorym website at atorym.com, the Atorym procurement platform and related services (collectively, the "Platform"), and all quotations, purchases and orders placed through or with Atorym.
The Platform is operated by Atorym Inc. ("Atorym," "we," "us" or "our").
By creating an account, accessing or using the Platform, requesting or accepting a quotation, or submitting an Order, you agree to these Terms. If you are acting on behalf of a company or other organization, you represent that you have authority to bind that organization, and references to "Customer," "you" or "your" mean that organization.
If you do not agree to these Terms, do not use the Platform or place an Order with Atorym.
1. BUSINESS USE ONLY
Atorym is a business-to-business procurement platform intended for contractors, construction companies, property owners, developers and other commercial purchasers.
The Platform and Products are not intended for purchases primarily for personal, family or household purposes. You represent that you are using the Platform and purchasing Products for business or commercial purposes.
2. THE ATORYM PLATFORM
Atorym provides a technology-enabled procurement platform through which Customers can browse building materials, assemble project requirements, request pricing, receive quotations, place Orders and arrange delivery.
Atorym may source Products and related services through manufacturers, distributors, suppliers, logistics providers, carriers and other third parties within its supply network.
Unless expressly stated otherwise in writing, when Atorym accepts an Order, the Customer's contract for the purchase of the Products is with Atorym.
Atorym may determine the suppliers, sourcing channels, carriers and fulfillment methods used to complete an Order and is not required to disclose its underlying commercial sourcing arrangements except where required by law or reasonably necessary for warranty, safety or product-traceability purposes.
3. CUSTOMER ACCOUNTS
You may be required to create a company account to access certain Platform functionality, request Quotes or place Orders.
You agree to provide complete, current and accurate information and to keep your account information up to date.
You are responsible for maintaining the confidentiality of account credentials and for all activity conducted through your account by persons authorized by your organization.
You must notify Atorym promptly at info@atorym.com if you become aware of unauthorized access to or use of your account.
Atorym may suspend or restrict an account where we reasonably believe there has been unauthorized activity, fraud, misuse of the Platform, non-payment or a breach of these Terms.
4. PRODUCT CATALOGUE
The Platform may display Product names, descriptions, photographs, technical information, dimensions, quantities, packaging, specifications and other information supplied by manufacturers, suppliers or other third parties.
Atorym takes reasonable steps to maintain accurate information but does not warrant that all catalogue information is error-free, complete or current. Manufacturers may modify Product specifications, packaging, formulations, colours, dimensions or other characteristics without notice.
Images are for general identification purposes and may not precisely represent the Product delivered. Where Product information on the Platform conflicts with current manufacturer-issued technical documentation, the current manufacturer documentation should be relied upon.
5. REQUESTS FOR QUOTATION
Submitting a cart, material list or request for pricing through the Platform constitutes a request for quotation ("RFQ") and not an Order or acceptance by Atorym.
Atorym may source pricing and availability through its supply network and may obtain or arrange freight pricing before issuing a quotation.
A quotation issued by Atorym (a "Quote") may include Product pricing, quantities, freight, delivery assumptions, applicable fees and other commercial terms. Unless otherwise indicated, a Quote is valid only for the period stated in the Quote.
Product pricing and availability may change until an Order has been accepted by Atorym. Atorym seeks to provide competitive commercial pricing but does not guarantee that a Quote represents the lowest price available in the market or from any particular supplier.
6. ORDERS AND ORDER ACCEPTANCE
When a Customer accepts a Quote or otherwise submits an order for Products, the Customer is making an offer to purchase those Products in accordance with the applicable Quote and these Terms (an "Order").
An automated acknowledgement that an Order has been submitted or payment information has been received does not by itself constitute acceptance by Atorym.
An Order becomes binding when Atorym issues an order confirmation or otherwise expressly confirms acceptance of the Order in writing (an "Order Confirmation").
Before issuing an Order Confirmation, Atorym may verify Product availability, supplier acceptance, pricing, credit approval, payment authorization, delivery requirements and other relevant information. Atorym may reject or request modification of an Order before acceptance.
Once an Order Confirmation has been issued, the Order may only be cancelled or modified in accordance with Section 13 of these Terms.
7. PRICING AND TAXES
Unless otherwise expressly stated:
All prices are quoted in Canadian dollars.
Applicable sales taxes are additional to quoted prices unless expressly identified as included.
Freight and delivery charges will be identified in the applicable Quote where applicable.
A Quote may be based on specific quantities, Product combinations, delivery locations, delivery assumptions or timing. A change requested by the Customer may require revised pricing.
If Atorym discovers an obvious pricing, calculation or Product-description error before accepting an Order, Atorym may correct the error and issue a revised Quote.
If a material error is discovered after Order acceptance, Atorym will contact the Customer and work in good faith to resolve the matter, including, where appropriate, permitting cancellation of the affected Product and refunding amounts paid for that Product.
8. PAYMENT
Customers must pay using a payment method approved by Atorym or pursuant to credit terms separately approved by Atorym.
By providing payment information, you represent that you are authorized to use the applicable payment method and authorize Atorym and its payment-service providers to process amounts due in connection with your Orders.
Atorym may require full or partial payment before accepting or fulfilling an Order.
Where Atorym has approved commercial credit terms for a Customer, those separate credit terms will apply in addition to these Terms. In the event of a conflict relating specifically to payment or credit, the separately approved credit terms will govern.
Overdue amounts may be subject to interest, collection costs or other charges as specified in the applicable Quote, invoice or approved credit agreement. Atorym may suspend further Orders or deliveries while any undisputed amount remains overdue.
9. PRODUCT AVAILABILITY AND SUBSTITUTIONS
All Products are subject to availability. Atorym does not guarantee that Products displayed on the Platform are continuously in stock or available from its supply network.
If a Product becomes unavailable after an Order is submitted, Atorym may:
- (a) propose a comparable alternative for the Customer's approval;
- (b) place the Product on back order with the Customer's agreement; or
- (c) cancel the affected portion of the Order and refund any amount paid for the cancelled Product.
Atorym will not knowingly substitute a materially different Product without Customer approval.
10. DELIVERY AND FREIGHT
Atorym may arrange transportation through third-party carriers and logistics providers.
Delivery dates and times are estimates unless Atorym expressly agrees in writing that a particular delivery time is guaranteed. Construction schedules, supplier availability, weather, traffic, carrier capacity, site restrictions and other circumstances may affect delivery.
The Customer is responsible for providing complete and accurate delivery information, including the job-site address, contact information and any known access restrictions.
Unless expressly agreed otherwise, the Customer is responsible for ensuring that the delivery location:
- (a) is legally and safely accessible by the applicable delivery vehicle;
- (b) has an authorized individual available to receive the shipment;
- (c) has any required unloading equipment, labour or site access available; and
- (d) is suitable for safe delivery of the Products.
Additional charges resulting from Customer-caused delays, waiting time, failed delivery attempts, redelivery, changes to delivery location, special equipment or undisclosed site restrictions may be charged to the Customer.
Atorym may make partial deliveries where reasonably necessary, provided the Customer is not charged additional freight solely because Atorym elected to split an Order without the Customer's request or approval.
11. TITLE AND RISK OF LOSS
Unless otherwise stated in the applicable Quote or Order Confirmation, title to and risk of loss of Products pass to the Customer upon delivery of the Products to the Customer's designated delivery location.
For Customer pickup Orders, title and risk of loss pass when the Products are released to the Customer or its designated carrier or representative.
Nothing in this section limits the Customer's rights in respect of Products that are damaged, defective or incorrectly supplied.
12. INSPECTION, SHORTAGES AND DAMAGE
The Customer should inspect Products promptly upon delivery.
Visible shortages, incorrect Products or transportation damage should be noted on the delivery documentation where reasonably possible and reported to Atorym at info@atorym.com promptly and, in any event, within two (2) business days after delivery.
Damage or defects that could not reasonably have been discovered upon delivery must be reported promptly after discovery. Customers should retain the affected Products and packaging until Atorym provides instructions.
Failure to report an obvious shortage or visible transportation damage promptly may affect Atorym's ability to pursue a carrier or supplier claim.
13. CANCELLATIONS, CHANGES AND RETURNS
After Atorym has accepted an Order, cancellations or changes require Atorym's written approval.
If Atorym permits a cancellation or change after it has committed to a supplier, carrier or other third party, the Customer may be responsible for reasonable costs incurred as a result, including supplier cancellation fees, restocking charges, freight, return freight or special-order costs.
Returns require prior authorization from Atorym.
Unless Atorym expressly agrees otherwise, the following Products may not be returnable:
custom or special-order Products;
Products that have been cut, altered, tinted or otherwise customized;
opened, used, installed or damaged Products;
Products that cannot reasonably be resold because of storage, temperature or handling requirements; and
Products designated as final sale in the applicable Quote.
Authorized returns may be subject to return freight and restocking charges imposed by Atorym or its supplier. Defective Products are addressed under Section 15 and any applicable manufacturer warranty rather than the ordinary return policy.
14. CUSTOMER RESPONSIBILITY FOR PRODUCT SELECTION
Atorym facilitates the sourcing and procurement of building materials. Unless expressly agreed through a separate professional-services agreement, Atorym does not provide architectural, engineering, building-code, design or professional building-science services.
The Customer remains responsible for:
reviewing applicable project plans and specifications;
confirming Product quantities and dimensions;
determining whether a Product is suitable for the Customer's intended application;
confirming compatibility with adjacent materials and assemblies;
confirming compliance with applicable building codes, approvals, standards and project specifications; and
obtaining any required approval from the architect, engineer, consultant, owner or other design professional.
Product recommendations, alternatives or information provided by Atorym do not replace manufacturer instructions or professional design advice. The Customer must follow applicable manufacturer installation instructions, technical data sheets, safety data sheets and storage requirements.
15. PRODUCT WARRANTIES
Products supplied through Atorym may be covered by warranties issued by their respective manufacturers.
Where applicable and transferable, Atorym will reasonably assist the Customer in identifying or pursuing an applicable manufacturer warranty.
Except for warranties expressly provided by Atorym in writing, and to the maximum extent permitted by applicable law, Products are provided subject to the warranties of their respective manufacturers.
Atorym does not independently warrant Product performance, fitness for a particular project or compatibility with a particular building assembly unless expressly stated in writing. Nothing in these Terms excludes any warranty, condition or right that cannot lawfully be excluded.
16. PLATFORM AVAILABILITY
Atorym may modify, update, suspend or discontinue features of the Platform from time to time. We do not guarantee uninterrupted or error-free availability of the Platform.
Atorym will not be responsible for temporary Platform interruptions resulting from maintenance, telecommunications failures, third-party hosting services, cybersecurity events or circumstances reasonably beyond our control, subject to applicable law.
17. ACCEPTABLE USE
You may use the Platform only for lawful business purposes. You must not:
interfere with or disrupt the Platform or its infrastructure;
attempt to obtain unauthorized access to another account or Atorym systems;
introduce malicious code;
scrape, crawl or systematically extract Platform data except with Atorym's written permission;
reverse engineer or attempt to derive the source code of Platform software except where applicable law expressly permits it;
impersonate another person or organization;
use false, misleading or fraudulent information;
use the Platform in violation of applicable law; or
use Atorym's non-public pricing, supplier, commercial or technical information for an unauthorized purpose.
Atorym may restrict access where it reasonably believes these requirements have been breached.
18. INTELLECTUAL PROPERTY
The Platform, including its software, design, layout, branding, text, graphics, databases, workflows and original content, is owned by or licensed to Atorym and is protected by applicable intellectual-property laws.
Atorym, the Atorym logo and related brand elements are trademarks or trade names of Atorym. No right to use them is granted except as expressly permitted by Atorym.
Third-party Product names, trademarks, photographs, technical information and other materials remain the property of their respective owners.
Subject to these Terms, Atorym grants Customers a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for their internal business procurement activities.
19. THIRD-PARTY SERVICES AND LINKS
The Platform may integrate with or link to services operated by third parties, including payment processors, mapping providers, logistics providers and other service providers.
Atorym is not responsible for independent third-party websites or services that are outside Atorym's control. Use of a third-party service may also be subject to that third party's terms and privacy practices.
20. PRIVACY
Atorym's collection, use, disclosure and protection of personal information is described in our Privacy Policy, available on atorym.com. The Privacy Policy is incorporated by reference into these Terms.
Customers are responsible for ensuring that personal information they provide to Atorym regarding employees, job-site contacts or other individuals has been provided lawfully.
21. ELECTRONIC COMMUNICATIONS
You agree that Atorym may provide account notices, Quotes, Order Confirmations, invoices, delivery updates and other transactional communications electronically, including by email or through the Platform.
Commercial marketing communications will be sent in accordance with applicable law and applicable consent or unsubscribe preferences. You are responsible for maintaining a current email address and contact information in your account.
22. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, and except as expressly provided in these Terms, an applicable Quote or a written warranty issued by Atorym, the Platform and related services are provided on an "as is" and "as available" basis.
Atorym disclaims warranties or conditions relating to uninterrupted Platform operation, merchantability, fitness for a particular purpose and non-infringement to the extent such warranties or conditions may lawfully be excluded.
Nothing in these Terms excludes rights or obligations that cannot be excluded by contract.
23. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Atorym will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profit, loss of revenue, loss of business opportunity, project delay damages, loss of use or loss of data, arising out of or relating to the Platform, Products, an Order or these Terms.
Without limiting the foregoing, Atorym will not be responsible for labour, removal, reinstallation, replacement, delay, liquidated damages or other project costs arising from Product selection, installation or use except to the extent expressly agreed by Atorym in writing or required by applicable law.
To the maximum extent permitted by applicable law, Atorym's aggregate liability arising from a particular Order will not exceed the amount paid or payable by the Customer to Atorym for the portion of the Order giving rise to the claim.
These limitations do not apply to liability that cannot legally be limited or excluded.
24. INDEMNIFICATION
The Customer agrees to indemnify and hold harmless Atorym and its directors, officers, employees and agents from third-party claims, losses, damages and reasonable costs arising from:
the Customer's breach of these Terms;
the Customer's unlawful or unauthorized use of the Platform;
inaccurate information or instructions supplied by the Customer;
the Customer's handling, storage, installation or use of Products contrary to applicable instructions or law; or
the Customer's violation of another person's rights,
except to the extent caused by Atorym's own negligence, wilful misconduct or breach of these Terms.
25. FORCE MAJEURE
Atorym will not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, labour disruption, transportation interruption, supply-chain disruption, shortage of materials, manufacturer interruption, government action, war, civil disturbance, epidemic or pandemic, utility failure, telecommunications failure or similar events.
Atorym will use commercially reasonable efforts to mitigate the effects of such events where practicable.
26. SUSPENSION AND TERMINATION
Atorym may suspend or terminate access to the Platform where a Customer materially breaches these Terms, fails to pay amounts when due, engages in fraudulent or unlawful conduct, creates a security risk or otherwise materially misuses the Platform.
Termination of Platform access does not affect Orders already accepted, amounts already due or provisions of these Terms that by their nature are intended to survive termination.
27. CHANGES TO THESE TERMS
Atorym may update these Terms from time to time. The current version and effective date will be posted on the Platform.
Material changes will apply prospectively. Where appropriate, Atorym may provide additional notice to registered Customers.
An Order will generally be governed by the version of the Terms in effect when Atorym accepts that Order, unless the parties expressly agree otherwise.
Continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms for future Platform use and Orders.
28. ORDER OF PRECEDENCE
These Terms apply together with any applicable Quote, Order Confirmation and separately executed agreement between Atorym and the Customer.
If there is a conflict:
- (a) a separately signed written agreement governs to the extent of the conflict;
- (b) an applicable Quote or Order Confirmation governs with respect to Product-specific, pricing, quantity, delivery or other Order-specific terms; and
- (c) these Terms govern all remaining matters.
Approved credit terms govern specifically with respect to credit and payment matters to the extent of any conflict.
29. GOVERNING LAW AND JURISDICTION
These Terms and all Orders are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles.
The parties irrevocably submit to the exclusive jurisdiction of the courts located in Ontario in respect of disputes arising out of these Terms or an Order, except where the parties have expressly agreed in writing to another dispute-resolution procedure.
30. ASSIGNMENT
The Customer may not assign its rights or obligations under these Terms or an accepted Order without Atorym's prior written consent.
Atorym may assign these Terms in connection with a merger, reorganization, financing, sale of substantially all of its assets or transfer of the applicable business, subject to applicable law.
31. SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.
32. WAIVER
A failure or delay by Atorym in enforcing any provision of these Terms does not constitute a waiver of that provision or any other right.
33. ENTIRE AGREEMENT
These Terms, together with the applicable Quote, Order Confirmation, Privacy Policy and any separately executed agreement expressly governing the transaction, constitute the agreement between Atorym and the Customer concerning the subject matter addressed by them.
34. CONTACT
Questions regarding these Terms may be directed to:
Atorym Inc.1008-381 Front Street WestToronto, Ontario, Canada M5V 3R8Email: info@atorym.com