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These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Berry Young. ("Berry Young"), including www.Berryyoung.ca (the "Sites"). We may add additional Sites from time to time as we expand our beauty offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.
Berry Young reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Berry Young decides to change these Terms of Use, Berry Young will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.
The short and sweet version:
When you use our Sites, you agree to our rules. And since they’re our Sites and our rules, we can change them whenever we want.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites, the compilation (meaning the collection, arrangement and assembly) of all content on the Sites are the exclusive property of Berry Young and protected by Canadian and international copyright and other intellectual property laws. All rights reserved. All software used on the Sites is the property of Berry Young or its software suppliers and is protected by Canadian and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Berry Young, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display, performance, translation, production or communication to the public by telecommunication - without the prior written permission of Berry Young is strictly prohibited.
The short and sweet version:
We work hard making the content on our Sites, so we’re protective of what happens to it. Unless you’re placing an order, engaging in Community, or shopping, you need permission from us to use our content elsewhere.
Berryyoung.ca and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Berry Young and may not be used in connection with any product or service that is not offered by Berry Young in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
The short and sweet version:
Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.
The products displayed on the Sites can be ordered and delivered only within Canada. Berry Young products displayed on the Sites may be available in select Berry Young retail stores in Canada. All prices displayed on Berry Young.ca are quoted in Canadian Dollars and are valid and effective only in Canada. If any minor uses any goods or product from Berry Young it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Berry Young.
All material and information presented by Berry Young is intended to be used for personal educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by Health Canada or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure, mitigate or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Berry Young does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Berry Young does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911, EMERGENCY SERVICES OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Sites and the Community, including any samples Berry Young may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Berry Young. Berry Young reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Berry Young in its sole discretion.
Given the popularity of our products, and except where prohibited by law, Berry Young may limit the number available for purchase, so that as many clients as possible may enjoy our merchandise. At the time, clients may be limited to the purchase of 1 Dyson, 3 Chanel, 3 La Mer, 5 Fenty, and 6 Kiehl’s branded items per sku per transaction.
Intimate Care Acknowledgement
You must be 18 years of age or older, adult legal age in your country (Canada) in order to buy this product.
Age of Consent: By placing an order for an intimate care product, you declare that you are of the appropriate legal age to purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.
All shipments are packed in Berry Young packaging and are neutral so as not to reveal the contents.
The short and sweet version:
Our products and samples are for personal use, not for resale. That’s why we have a limit on how much you can purchase of certain products or from certain brands.
We’ve taken great care to make sure that the information you read about our products is accurate, but we’re not doctors—we don’t even play doctors on TV. Nothing on our Sites should be interpreted as medical advice. If you have questions about particular products, their ingredients, or their effects, you should talk to a real doctor or health care provider.
While Berry Young has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Community or otherwise, including the submission of product Ratings and Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
Berry Young provides the Sites and the Community and all other applications and services on the Sites as a forum only. Berry Young is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Berry Young. Berry Young cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Berry Young shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Berry Young be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Berry Young reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
The short and sweet version:
Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Sites is at your own risk. We’re not responsible for services or products offered by others.
Berry Young may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Berry Young does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Berry Young and such third party. Berry Young does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Berry Young is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Berry Young through the Community, do not necessarily reflect the views of Berry Young.
The short and sweet version:
Sometimes we link away from Berry Young.com to sites we don’t own or control. While we’d never intentionally send you to a site with questionable material, we aren’t responsible if you don’t like what you see when you get there.
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Additionally, you may receive text messages or calls from us related to certain products or services. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.
The short and sweet version:
Berry Young doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like receiving text messages or downloading data. When in doubt, check your plan.
All Content that you submit is not confidential and may be used at Berry Young's sole discretion. Berry Young may or may not pre-screen Content. However, Berry Young and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Berry Young and its designees will have the right to remove any Content that Berry Young deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Berry Young does not guarantee that you will have any recourse through Berry Young to edit or delete any Content you have submitted. Berry Young reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, Berry Young reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Berry Young, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Berry Young, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
The short and sweet version:
Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.
Berry Young reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. All provisions of these Terms of Use that expressly survive, or that by their nature are intended to survive, such termination (including disclaimers and limitations of liability, disclaimers of warranties and conditions and statement recognizing Berry Young’s intellectual property rights) survive the termination of these Terms of Use for any reason. Berry Young may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Berry Young (and its employees), its users and the public.
The short and sweet version:
Berry Young’s Sites are provided to you for free and we reserve the right to refuse service to anyone.
Some jurisdictions may not allow the exclusion of implied or legal warranties and conditions, so some the following exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law. BERRY YOUNG IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, LEGAL OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, BERRY YOUNG DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING FOR EXAMPLE WARRANTIES OF TITLE, QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRGEMENT OF INTELLECTUAL PROPERTY RIGHTS. IN ADDITION, BERRY YOUNG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
BERRY YOUNG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY.
You agree to defend, indemnify and hold harmless Berry Young (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Community.
Except to the extent that the laws of the Canadian province or territory in which you reside require that the laws of such jurisdiction apply to these terms of Use, the laws of the Province of Ontario, Canada, will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Berry Young reserves the right to make changes to the Sites and these Terms of Use at any time.
Our Address
Berry Young
1163 Pinetree Way
Coquitlam, BC, V3B 8A6
(604) 513-5094
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Berry Young’s designated copyright agent with the information referred to above, along with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of your interest or right with respect to the copyright in the work or content; and
The date and time of the commission of the claimed infringement.
In accordance with the applicable Canadian copyright law, Berry Young will provide notice electronically to the subscriber who is responsible for posting the work or content that you are alleging infringes copyright. Berry Young has the sole and absolute discretion to remove all purportedly infringing content from Berry Young Mobile.
Berry Young
1163 Pinetree Way
Coquitlam, BC, V3B 8A6
(604) 513-5094
E-mail: [email protected]
The short and sweet version:
If you see anything on our Site that you believe infringes on your own trademark or copyright, email us at [email protected]
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Berry Young’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The short and sweet version:
If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.
These Terms of Use, our Privacy Policy and our Guidelines and Rules constitute the entire agreement between you and Berry Young with respect to its subject matter. Except to the extent that the laws of the Canadian province or territory in which you reside prohibit this choice of forum provision, any claim or dispute between you and Berry Young that arises in whole or in part from the Sites or the Community shall be decided exclusively by a court of competent jurisdiction located in the City of Toronto, Ontario. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Berry Young's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente entente ainsi que tous les documents y afférant soient rédigés en anglais. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND BERRY YOUNG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.