Terms & Conditions
ZANQARA TERMS OF USE
Welcome to ZANQARA.ca and ZANQARA.com (collectively, the “Platforms” or “Site”). This Site is owned and operated by ZANQARA. By accessing, browsing, scraping, or utilizing any portion of this Site, you explicitly agree to comply with and be contractually bound by the following Terms of Use and our associated Privacy and Shipping Policies. If you do not agree to these terms, you must immediately cease all utilization of this Site.
1. INTELLECTUAL PROPERTY RIGHTS & OWNERSHIP
The entire digital content of this Site is the exclusive property of ZANQARA and is fully protected under Canadian, United States, and international copyright, trademark, and intellectual property laws.
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Proprietary Content: This includes, but is not limited to, all written website copy, manufacturing narratives, "About Us" histories, custom ingredient descriptions, proprietary product formulations, brand philosophies, logos, graphics, icons, custom digital code, layout designs, and photographic assets.
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Registered and Protected Trademarks: The ZANQARA name, corporate branding, product labels, and all associated signature product lines, formulations, and trademarked names—including, but not limited to: BLEMEX, SCENTUAL PLEASURES, DERMATICIAN, ENGOTTI, MEMORIES, DERMEOPATHY, HOMEOPATHICA and DERMEOPATHICS—are the exclusive intellectual property of ZANQARA. Any unauthorized reproduction, mimicking, phonetic copying, or commercial utilization of our brand identity, signature line names, or trademarks constitutes willful trademark infringement, civil fraud, and a material breach of this agreement.
2. LIMITED, NON-COMMERCIAL USER LICENSE
ZANQARA grants you a limited, non-exclusive, non-transferable, revocable license to physically access and view the Site strictly for your personal, non-commercial end-use. Under this restricted license, you are strictly permitted to download or print individual pages or product panels solely for the purpose of evaluating a personal cosmetic purchase.
3. STRICT PROHIBITIONS ON USE (ANTI-COPYING MANDATE)
You are explicitly prohibited from using this Site, its contents, or its infrastructure for any unlawful or unauthorized purposes. By accessing this Site, you contractually agree that you shall not, under any circumstance:
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Copy, Replicate, or Plagiarize: Duplicate, republish, mirror, translate, modify, or distribute any written text, product descriptions, or ingredient glossary copy from this Site to any other digital domain, blog, print literature, or competing cosmetic business.
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Image Theft: Download, scrape, save, or use our digital product photography, homestead imagery, or branding graphics for external commercial use or unauthorized promotional listings.
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Data Scraping and Extraction: Utilize automated web scrapers, data-mining robots, spiders, or similar extraction tools to harvest text blocks, ingredient formulations, customer data strings, or pricing matrixes from our Platforms.
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Commercial Exploitation: Utilize our proprietary information, descriptions, or imagery to list, rebrand, rename, resell, or distribute ZANQARA products on any unauthorized digital marketplace (such as Amazon, eBay, or Walmart Marketplace) or physical retail space.
4. DEEP LINKING & FRAMING RESTRICTIONS
You may not display, frame, embed, or enclose any portion of our Site, trademarks, or proprietary text blocks within an external website without receiving explicit, prior written approval from an authorized ZANQARA corporate officer.
5. ENFORCEMENT & LIABILITIES FOR VIOLATION
ZANQARA actively monitors digital platforms and online spaces for copyright infringement and content diversion. Any unauthorized replication, scraping, or commercial misuse of our intellectual property constitutes a material breach of this contract and willful legal infringement.
In the event of a violation, ZANQARA reserves the absolute right to immediately terminate your access privileges, cancel any pending orders, block your digital profile, seek permanent injunctive relief, and hold the violating party fully liable for all associated financial damages, loss of corporate revenue, and all standard attorney fees and legal recovery expenses.
6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, the site and all products delivered to you through the site are provided 'as is' and 'as available' for your use, without any warranties of any kind, either express or implied. In no case shall Zanqara, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind—including, without limitation, lost profits, lost revenue, medical expenses, or skin damage—arising from your use of any of our products. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law, not to exceed the total purchase price paid by you for the specific product triggering the liability claim.
7. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
By agreeing to these terms, you explicitly agree that you are waiving your right to sue the company in any court, including the Ontario Court of Justice or the Ontario Small Claims Court. Any dispute, claim, or controversy arising out of or relating to your purchase or use of Zanqara products shall be resolved exclusively through final and binding individual arbitration.
The arbitration shall be conducted in Toronto, Ontario, Canada, in accordance with the Arbitration Act (Ontario). The arbitrator’s decision shall be final and binding. Each party shall bear its own costs and attorney's fees, and the fees of the arbitrator shall be shared equally between the parties.
You further agree that any arbitration shall be conducted in your individual capacity only and not as a class action, mass action, or representative action. You explicitly waive the right to file a class action or seek relief on a class-wide basis.
8. PRODUCT REPRESENTATIONS AND ENVIRONMENTAL CLAIM SUBSTANTIATION
All descriptions, marketing literature, and references to our formulations as "natural," "botanical," "clean," or "eco-certified" are utilized strictly to define our artisanal compounding philosophy and our commitment to sourcing unrefined raw plant materials. In alignment with Canada’s Competition Act and evolving international truth-in-advertising standards, Zanqara proactively maintains rigorous internal tracking, supplier certifications, and material safety data sheets to substantiate the origin and composition of our small-batch ingredients.
We make no implicit or explicit environmental, ecological, or life-cycle net-benefit claims beyond the literal identity of the raw botanical components listed on our ingredient panels. Any customer interpretation of our artisanal methods as a generalized environmental or clinical purity standard outside of standard cosmetic definitions is completely unauthorized and contractually disclaimed.
9. GOVERNING LAW & JURISDICTION
These Terms of Use shall be governed strictly by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law principles. You contractually agree that any formal legal actions or disputes arising from your interaction with this Site must be filed and resolved exclusively within the courts of competent jurisdiction in the Province of Ontario, Canada.