BARCHIN TERMS OF USE 

Welcome to the Barcheen site (the “Site”, collectively, “Barcheen”, “We”, “Us”, or “Our”). Please read these terms of use (“Terms of Use”) carefully before using the services of this Site. You may be accessing Our Site from a computer or mobile device and these Terms of Use govern your use of Our Site, regardless of the means of access. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THIS SITE AND THE RELATED SERVICES, FEATURES, CONTENT, APPS, WIDGETS OFFERED OR ANY PURCHASES YOU MAKE VIA THE SITE.

These Terms of Use apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Terms of Use posted on the Site at the time of use. If you do not agree with the Terms of Use, then you do not have the right to access, view, download or otherwise use the Site or purchase any cosmetics and, accordingly, you should not do so. 

We may at Our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. It is your responsibility to check these Terms of Use for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in Our sole discretion, by email. 

  1. We have developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into these Terms of Use, by clicking Here, and by using this Site you agree to the terms of the Privacy Policy.
  2. GENERAL TERMS AND CONDITIONS. Unless otherwise noted, the products and services on the Site are intended for personal, non-commercial purposes only. You agree to use the Site only for lawful, noncommercial purposes and in compliance with all international, federal, province and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.
  3. You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence (if you are a minor, your parents’ prior authorization shall be required), (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide Us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If We believe or suspect that your information is not true, accurate, current or complete, We may deny or terminate your access to the Site or services (or any portion thereof) and (d) that you have full power and authority to enter into the Terms of Use and in doing so will not violate any other agreement to which you are a party.

    Access to the Site and/or certain sections thereof may require the use of passwords. In such case it is up to you to take the necessary steps to keep such codes secret. You may naturally change them at any time. However, the number of attempts to access the Site and/or certain section thereof may be limited in order to prevent any fraudulent use of such codes. Please inform Us of any fraudulent use that you may become aware of. In the event of any breach of the rules set forth under these Terms of Use, We reserve the right to suspend your access. 

  4. YOUR ACCOUNT. When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses Our Site or Services using your Account Information, We will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. Without limiting any rights which We may otherwise have, We reserve the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your Account, including without limitation, terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. In no event will We be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction by Us under this provision, (ii) any compromise of the confidentiality of your Account or password, and (iii) any unauthorized access to your Account or use of your password. You may not use anyone else’s Account at any time, without the permission of the Account holder. Please notify Us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity.
  5. TRANSMITTING MATERIALS. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not: (i) take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures We may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
  6. PRODUCT AVAILABILITY. The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on timing.
  7. The information We deliver are for strictly indicative purposes and shall in no event replace a medical diagnosis or clinical consultation, nor be substituted for a medical treatment. Accordingly, We cannot guaranty your entire satisfaction with the advice that results from the use of such tools and assume no liability for any use you may make thereof. For any further information or in the event of doubt, We recommend that you consult your physician.
  8. Cookies are small files that are left on your device while you browse the Site (such as the pages looked up, the date and time of such access, etc.) and which may be read whenever your access the same Site. For further information on the use of cookies, please consult Our Privacy Policy.
     
  9. This Site may, from time to time, contain contests that offer prizes or that require you to submit material or information about yourself. Each contest has its own rules, which you must read and agree to before you may enter.
  10. INTELLECTUAL PROPERTY RIGHTS. The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphics and button icons, excluding User Content (collectively “Proprietary Material”), are protected by copyright, trademark and other laws of Canada, as well as international conventions and the laws of other countries. The Proprietary Material is owned or controlled by Us or by other parties that have provided rights thereto to Us.
  11. ACCOUNT TERMINATION. We may, in appropriate circumstances, terminate your account for the Site. If you believe that a user is a repeat infringer, you shall immediately notify Us at the following email address [email protected]. Please provide information sufficient for Us to verify that the user is a repeat infringer.
  12. THIRD PARTY SITES AND LINKS. You may be able to link to third party sites, services or resources on the Internet from the Site, and third party sites, services or resources may contain links to the Site (collectively, “Linked Sites”). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and Our inclusion of links to the Linked Sites on the Sites does not imply that We endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall We be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
  13. Disclaimer. Visitors to the site agree that their use of, and reliance on any advice or information obtained from or through, the site is at their own sole risk. The site is provided “as is” and “as available,” without representation or warranty of any kind, either express or implied. Without limitation of the foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third party content providers, merchants, sponsors, licensors and the like, and their respective directors, officers and employees) specifically disclaim any and all representations and warranties, express or implied, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchant ability or fitness for a particular purpose, or warranties implied by any course of performance or usage of trade. We also make no representations and warranties as to any linked sites and we have no liability or responsibility with respect to your use of such sites. In some instances, content made available on the site may represent the opinions and judgments of providers or users, such as user content. We and our affiliates do not endorse nor shall we or they be responsible or liable for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than our authorized employees acting in such capacity.

    This disclaimer of liability applies to any damages or injuries caused by the site, including, without limitation, those damages or injuries occurring as a result of: (1) any error, omission, deletion, or defect in the content available on the site, or (2) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. We do not warrant or guarantee: (1) that any portion of the site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (2) that access to the site will be uninterrupted or error-free.

    We do not warrant or make any representations regarding the use or the results of use of the materials available on the site. You (and not we or any of our affiliates) assume the entire cost of all necessary servicing, repair, or correction.

    We do not have any obligation to verify the identity of any person subscribing or using the site. Therefore, we decline all liability whatsoever for identity theft or any misuse of your identity or information.

    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

  14. By using the Site, you agree to defend, indemnify, and hold Us, our employees, contractors and suppliers harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising in any way from or in connection with your use of the Site or any service available on or through the Site, the uploading, posting, e-mailing, or transmission of any User Content or other materials by you or users authorized by you, infringement of any Proprietary Material, or any violation by you of these Terms of Use, Our Privacy Policy or any other policy posted from time to time on the Site applicable to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with Us in asserting any available defenses.
  15. Limitation of liability. Regardless of the form of action, whether in contract, tort, strict liability, statute or otherwise, in no event will we or our affiliates, including, without limitation, our or their respective officers, directors, employees, agents, partners, suppliers, content providers, successors and assigns, be liable to any party for any direct, indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, wasted expenditure, loss of business and other profits, loss of goodwill, loss of anticipated savings, loss of programs, cost of replacing equipment, software or other goods or services, or loss of records, information or data), or any other damages arising in any way arising out of or related to: (i) the availability, use, reliance on, or inability to use the site any platform applications or any content or other materials on, accessed through or downloaded from the site; or (ii) any claim (including for property damage to your device or computer system) attributable to errors, omissions, or other inaccuracies in, or destructive properties of, the site or the linked sites, or any information, software, products, services or other materials available on or through the site or linked sites, even if we or our affiliates, or our or their respective officers, directors, employees, agents, partners, suppliers, content providers, successors and assigns are aware or shall have been advised of the possibility of such damages. Because some provinces or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such provinces or jurisdictions, our liability shall be limited to the extent permitted by law (thereby minimizing our liability to you to the lowest amount that applicable law permits).
  16. We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in Our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid here under are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, We will not be liable to you or any third party for any termination of your access to the Site.
  17. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

    Please feel free to contact Us via one of the methods described on Our Contact Us page. You agree that We may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site from time to time.

    LAST UPDATED. These Terms of Use were last updated in September 2019. 

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