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The platform TWISH™ (hereinafter referred to as the "Site") is managed and hosted by the company **TWISH TECHNOLOGIES INC™**(in Quebec registered as ‘ENTREPRISE DE TECHNOLOGIES TWISH INC™’) (hereinafter referred to as "TWISH™"), located in Ontario, Canada.
Before signing up on the Site, every User must read these General Conditions of Use (hereinafter referred to as the "Terms and Conditions"), the Privacy policy (as indicated in the definitions), and the Catalogue Rules accept them and undertake to comply with them.
The Site offers a seamless online marketplace and Retail Media Technology for Client users to trade Cosmetic Goods in local currency and/or Glow coins and can seamlessly book professional beauty and wellness services at partnering Beauty or Wellness Salons with Glow Coins.
The Site is empowered with three (3) distinct user portals: (i) Client User portal, (ii) Beauty Merchant User (Beauty PRO User) Portal, and (iii) Elite Members (Premium Client User) portal. Signing up for the Site as a Client User is free of charge. Signing up as a Beauty Professional or an Elite Member requires a monthly membership fee.
1.1 These Terms and Conditions define the relationship between TWISH™ and its Users and Visitors, as well as the relationship between Client users and Beauty Professionals. By using or accessing this Site, Users (Client users, Beauty Professionals, and Visitors) agree to be legally bound by these Terms.
1.2 You may contact TWISH™ by completing the contact form available here.
1.3 The Site allows the Users to engage in all trade activities (such as Selling, Buying, and Booking) of Cosmetic Goods, Beauty, and Wellness services and to use all other additional Services offered by the Site.
1.4 The Services are not intended for:
1.5 When registering on the Site, the User must state his/her first name, last name, email address, and password (expressly or via a Facebook or Google login) to enable the Site to identify the User each time he/she accesses the Site. The User may also be asked to provide further information on himself/herself (language, gender, address, cosmetic preferences, etc.) to enable TWISH™ to tailor the Site to him/her. TWISH™ may request a User to verify his/her Account for security purposes. This can, for example, occur by verifying the User's Google account, the User's telephone number, the User's credit card or debit card, pin-code-based, or any other confirmations that TWISH™ may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy.
1.6 TWISH™ may unilaterally change or modify all or some of the provisions of these Terms and Conditions. If TWISH™ makes such changes, it will inform the User thereof and give the User a thirty (30) day period to reject the updated terms and conditions, which the User can do by deleting his/her Account. By continuing to access and/or use the Site after such changes come into effect, the User is deemed to have accepted the new terms and conditions.
When used throughout these Terms and Conditions and on the Site, the following terms have the meanings below. All other defined terms used throughout these Terms and Conditions are capitalized when they are used.
Account – means the User’s account created upon registration on the Site; the created account contains personal information.
Additional Service(s) – Any payable services such as Buyers Protection and Retail Media services which may be provided and offered by TWISH™ on the Site, which are not Main Services and may be subject to separate conditions of use.
Barter – means exchanging cosmetic goods and services among Users, using Glow Coins as the medium.
Beauty & Wellness Professional (Beauty PRO) User: A user holding a professional account on the site who has accepted these Terms and is trained and skilled in providing various beauty, skincare, and wellness services.
Beauty & Wellness service – means wellness therapy or beauty treatment provided by licensed professionals, including beauticians and therapists, registered on the platform.
Buyers – any Client User and/or Beauty Pro User who buys or rents in currency or Glow coins any advertised cosmetic goods, beauty and wellness services, and Pro equipment in the relevant Catalogue of the Site.
Buyers Protection – the paid service proposed by TWISH™, which provides Buyers with reimbursement and other services when entering into a Transaction on the Site, as detailed in section 6 of these Terms and Conditions.
Catalog – an enriched digital Menu on the Site in which the various categories of beauty and wellness Goods and services are listed for trade by Vendors and Beauty Pros and browsed by Buyers.
Client User (Consumer user) – means an individual who has created an account on the Site and has accepted these Terms and Conditions, and is a consumer with distinct interests under applicable consumer protection legislation while acting for personal, family, or household purposes and not in connection with any professional or business purpose or activity.
Elite User (Premium user) – means an individual who has created an account on the Site and has accepted these Terms and Conditions and is a consumer with distinct interests under applicable consumer protection legislation, seeking premium professional beauty and wellness services through a paid membership for personal or family purposes only.
Goods/Items – any legally manufactured Cosmetic and wellness items and beauty accessories owned and listed by a user and purchased by another user on the site in local currency or Glow coins. Please note that Goods/Items purchased on the Site are FINAL SALES except for electronic accessories, which can be refunded under some exceptions as stated in our Refund policy below.
Glow Bank (G-Bank) – is a digital service that allows users to purchase packs of Glow Coins using local currency to facilitate barter transactions within the platform.
Glow Card (G-Card) – means a valid and un-expired host based stored value card bearing Twish symbols owned and used by a member to complete any purchase of beauty goods and/or services which can be exchanged for a specified cash value effected at a partner’s salon or during an online purchase.
Glow Coins (G-Coins) – means digital points utilized by TWISH™ as a virtual currency users use within the site to facilitate the exchange of goods and services. It is earned or deducted on every trading transaction made on the Site.
Glow Wallet (G-Wallet) – means digital payment card where a user stores Glow Coins and store Credits to make transactions, track payment histories on the device.
Integrated Payment and Shipping – means the online Service offered by TWISH™ consisting of an Integrated Hybrid Payment and Shipping System, including Integrated Currency Payment, Integrated Glow payment, and Integrated Shipping, which facilitates and secures the payment and delivery of an Item that is subject to a Transaction concluded on the Site.
Integrated Payment Service– means the online currency payment service available with sales contracts concluded on the Site that is facilitated by a third-party payment processor, Stripe Payments Canada, Ltd., a limited liability company registered in Vancouver, British Columbia, Canada, under the registration number BC0931840 (“Stripe”);
Integrated Glow Payment service – the online Glow coins payment service (TWISH™ currency) available with trade contracts concluded on the Site that is facilitated by an automated value calculation system that debits and credits Glow coins based on currency value between users.
Integrated Shipping – the shipping and delivery service made available with Transactions concluded on the Site, enabling the Vendors to deliver the Item to the Buyers. As detailed in section 8, one of the partners of TWISH™ undertakes the shipping, transport, and delivery services.
Main Services – means the option offered by TWISH™ to visitors, when applicable, and users to access and use the Site’s Retail market and Retail media technologies, browse and advertise all goods and services in the relevant Catalog Menus, examine the Items, directly participate in purchase-sale Transactions concluded on the Site, and to communicate in private and/or in public on the Site.
Multi-Vendors-Cart Transaction - means when a Buyer adds Items from different Vendors to his/her cart and enters into Transactions with the different Vendors by simultaneously accepting their offers.
News/Notification – means content shared by TWISH™ on the Site relating to short and long-term offers, account services, site’s policies, competitions, or new Services published on the Site.
Personal Beauty Concierge – means a dedicated beauty and wellness assistant providing tailored beauty styling and shopping guidance, including bespoke routines, in-depth skin analysis, and exclusive access to premium services and personalized content, exclusively for premium members seeking a highly tailored beauty service experience.
Portal – means exclusive access to a digital platform that serves as a central hub for collaboration between online users and their suppliers or vendors. TWISH™ has three (3) user portals integrated with its system: (i) Peer User portal, (ii) Professional User (PRO User) Portal, and (iii) Elite Club member portal.
Product – means the beauty and wellness Goods/items whose sale is not forbidden by federal, provincial, territorial, or local applicable law or prohibited by the Catalogue Rules and listed by the User in the Site’s corresponding Catalogue to sell them.
Public Comments - means all comments accessible by any User or Visitor of the Site, which has been posted by every User in the respective section of the product detail page of each Item listed in the Catalogue.
Private Messages – means private messages between Users via the Site’s messaging system, which can only be accessed by the Users concerned.
Privacy Policy – means the document that defines how TWISH™ collects, uses, discloses, stores, and transfers personal data and other important information of a Visitor or a User.
Professional User – means professional who has created an account on the Site and has accepted these Terms, and is a beauty and/or wellness service provider under applicable consumer protection legislation, acting for professional or business purposes or activity only.
Services – means all the services the Site offers, including the Main Services, Beauty/Wellness services, and the Additional Services.
Significantly Not as Described - has the meaning stipulated in section 4.6 of these Terms and Conditions.
Site — means TWISH™ website, mobile application, and Retail and Performance Apps owned by TWISH™ platform downloaded on computers, smartphones, or tablets.
Shopping (Loyalty) Credits - means loyalty points earned during promotion campaigns with coupon credits accrued on the User account that can be used toward future purchases on the Site.
Social networks Accounts – means TWISH™’s accounts on Facebook, Google+, Twitter, Instagram, Pinterest, YouTube, and other social networks where information is provided about the Site and its Services, sharing the content Users publish.
Terms – means these Terms and Conditions and Privacy Policy, Refund Policy, TWISH Score terms, Shopping Credit Terms, Catalogue Rules, and additional terms posted on and in TWISH™’s Site, which set out the terms on which TWISH™ offers Users and Visitors access to and use of TWISH™’s Services.
Trade - means any transaction involving the exchange of goods and services using local currency or in Glow Coins (G)
Transaction – means any barter or trade agreement concluded directly between the Buyers and the Vendors that takes place on the Site under these Terms and Conditions and results in the transfer of ownership of one or more Items from the Vendors to the Buyers. To avoid doubt, TWISH™ is not a party to any Transaction.
TWISH Score™ — Performance points calculated as a rolling average over 30 days. They reflect the quality of goods and services a beauty and Wellness Salon proposes on the Site. The higher the score, the more chances of scoring more customers and being privileged to offer premium services.
User – means Clients, Beauty Professionals, and Premium Users who own an active account on the Site and have accepted all the Terms and Conditions of Use of any activity on the platform.
Vendors – means all Client Users AND Beauty Pro Users engaging in selling, buying, or renting of pre-owned cosmetic or wellness Goods and Services and Pro Equipment in the relevant Catalogue of the Site for currency or Glow Coins.
Visitor – means any individual not signed up on the Site likely to use the Site without being registered under the Terms and Conditions.
3.1 TWISH™ is an integrated online Marketplace and Beauty Retail Media Technology connecting Beauty consumers (Client Users) with Beauty and Wellness Professionals (PRO Users) through the beauty retail market, personalized shopping and booking experiences, loyalty programs, and retail media solutions under a robust, performant technology, namely the Site and an indexed beauty catalog of cosmetics and wellness goods and services.
Client users can list pre-owned beauty and wellness Items (NOT services) on the Site through the Client User portal to trade Items listed on the portal, using the Integrated Payment systems (identified above) and Shipping services if needed. They can also communicate with other Users by sending Private Messages or posting Public Comments and purchasing any chargeable Additional Services the Site offers at a given time.
Professional Users can exclusively list professional Beauty/Wellness services and Goods on the Site through the Beauty PRO User portal assigned to them. They can trade their advertise their beauty and wellness service portfolio, monetize their PRO Equipment on the portal, leverage beauty retail media solutions as part of revenue streams while using Integrated Payment systems, fulfillment, and shipping, and communicate with other Users by sending Private Messages or posting Public Comments, and purchase any chargeable Additional Services offered by the Site at a given time.
Elite Members pay a regular membership fee to access exclusively tailored premium beauty and wellness services offered by our Beauty PROs and enriched curated content on the portal. These services are provided by trained and experienced beauty and wellness professionals. The platform is tailored for luxury services exclusive to premium members.
3.2 TWISH™ is not a party to any Transaction between Users and does not act for or on behalf of any Buyers or Vendors in connection with any Transaction. Under no circumstances will TWISH™ buy or sell Items shown on the Site, claim to do so, or accept responsibility for the quality or safety of any Items listed in the Catalog.
3.3 TWISH™ provides a Fulfillment service that includes order handling and shipping services for all Vendors on the Site but is not a party to any Transaction completed on the Site. TWISH™ may charge additional fees for the Fulfillment service offered to Vendors.
3.4 These Terms, published on TWISH™ Site, apply to the Client users, Professional Users, Elite members, and Visitors of TWISH™'s Site and Social Networks Accounts, each of which agrees to comply with such Terms, the Privacy Policy and any other regulations published on TWISH™’s Site
4.1 Client Users and Beauty PRO users can claim the Vendor status on the Site. Client vendors can only list goods and beauty products, while PRO vendors can list both goods and services on the Site. The following requirements and conditions set out in this section must be fulfilled to be considered a Vendor on the Site:
4.2 Product Condition Categories:
4.3 To list a Beauty/Wellness Item and Service in the TWISH™ Catalog, ALL Vendors must:
4.4. Any Beauty/wellness Item and service listed on the site will be pending Approval by our quality control team to review the listing to ensure it complies with high-standard publication policy guidelines. By listing the Beauty/wellness Item and service, the Vendors represent and warrant that the listed Item or service complies with the description provided and that any content uploaded to the Site are photographs/video of the actual Item and services being listed.
4.5 Listing Beauty/wellness Items and services in the Catalogue on the Site is free. An unlimited number of Items and services may be listed on the Site, except that the same item or service cannot be listed more than once in the Catalogue.
4.6 Vendors who have listed the Beauty/wellness Item and services may withdraw them or amend the price at any time before entering into a Transaction with Buyers for the trade of the Item or booking process of the service in question.
4.7 Beauty/wellness Items and services must comply with the description and photographs provided by the Vendors in the Item or Service listing. If the Item or service received by the Buyers does not comply with the description and photographs/video provided by the Vendors, it will be considered as “Significantly Not as Described”. This includes the following difference(s) between the item/service received and the service description (wrong description, poor product labeling, no necessary conditions or safeguard listed, poor service performance, and Absence of pre and post-care instructions) or the Item received and the Item description: incorrect labeling, wrong color and product conditions, counterfeit Items, severe damage to the Item (stains, smells, molds), Items incorrectly described as new, pre-owned or unboxed, incorrect Items or Missing Items in bundles.
Conversely, an Item will not be considered as Significantly Not As Described if its efficiency is not a right fit (but the labeling was correctly indicated in the listing) or if the differences between the Item received and the description and photographs/video of the Item listings only include minor and negligible differences that do not affect the use and look of the Item as legitimately expected by the Buyers based on the Item’s description and photographs/video.
4.8 All products listed on the Site can either be pre-owned or curated sourced from manufacturers or discount stores and, therefore, can be sold in Brand-New, Pre-Owned (Mint Condition), or Unboxed conditions.
TWISH™ can guarantee a strict verification process for all advertised products, ensuring that all Vendors make all important information available to buyers. TWISH™ strives to provide the highest levels of transparency and integrity among our listings. We encourage all buyers to take responsibility for reviewing the product details carefully in the ad to understand the condition of the item they are considering for purchase.
5.1 The Buyers may, by using one of the following methods made available through the Integrated Payment System offered by TWISH™ on the Site, buy one or more Beauty/wellness Items and services from Vendors directly by:
5.2 Vendors and Buyers acknowledge that if they have agreed to finalize a Transaction using any of the methods described above:
To avoid doubt, TWISH™ is not a party to the Transaction and accepts no responsibility for the quality and/or safety of any Items. In particular, Buyers use Items purchased via the Site at their own risk.
The User must provide his/her bank details so that the sales proceeds completed on the Site may be transferred to his/her personal bank account. If a bank account or card belonging to a third person is registered on the Site, the TWISH™ team may request proof of identity.
5.3 “Add to cart” and ‘’Book Now’’ checkout
When a Beauty/wellness Item and service is listed for sale in the Catalogue following section 4 and as such, is published to other Users, this constitutes a binding offer for sale of the relevant Item or service by the Vendors, which may be accepted by the Buyers by completing the checkout process on the Site. The checkout process is initiated by clicking on the “Add to cart” button on the product detail page relating to a specific Item or ‘’book now’’ button on the service description detail page about a particular Service, which adds the Item or service in question to the Buyers’ cart. The Buyer must then go to his/her cart and complete the checkout process, finishing it by clicking on the “Proceed to check out” button on the payment method page of the checkout process. Please note that Buyers may add one or several Items or services of the Vendors to his/her cart. When several Items are added to the Buyers’ cart, he/she may complete the checkout process for all Items in the cart simultaneously, entering separate Transactions with all Vendors involved, covering a number of his/her Items.
5.4 Offers on Items
Subject to limitations as may be provided by TWISH™ or other Users on the Site, Client Users can purchase, sell or barter Goods/Items listed in the Catalogue (including Items that are offered as a bundle) from or to other Users for a price lower than the listing price (“Offer Price” listed either in CAD or Glow Coins) by using the ‘offering’ functionality on the Site. The Buyers and Vendors may reject each other’s offers either by dismissing the Offer Price or by making a counteroffer for a price lower than the Offer Price to the other party using the offering functionality. If a (counter) offer is accepted by either party, the Buyers will have the opportunity to finalize the Transaction for the Offer Price within the term indicated on the Site. The Buyers acknowledge and agree that they cannot purchase Items for the Offer Price agreed with the Vendors after the expiry time of the term mentioned above unless it agrees to a new price with the Vendors through a new offer.
6.1 Buyer Protection automatically and compulsorily applies to any Transaction concluded on the Site. Buyer protection includes Transaction facilitation services, customer support services for facilitating Transactions, and a refund policy, which allows the Buyers to request a refund for lost, damaged, or Significantly Not As Described Items. Buyer protection is not to be considered insurance services or any form of legal protection guarantee services.
6.2 For providing Buyers Protection, a corresponding fee will be charged to the Buyers by TWISH™, as provided in section
6.3 below.
6.3 Buyers Protection Fee. In case of a Transaction, the Buyers Protection fee is calculated in the following way:
In the case of a Multi-Vendors-Cart Transaction, the Buyers Protection Fee is calculated in the following way:
Item 1 above (the $2.50 charge) will be referred to as the “Fixed Portion of the Buyers Protection Fee,” and Item 2 above (the 20% charge) will be referred to as the “Variable Portion of the Buyers Protection Fee.”
The exact amount of the Buyers Protection Fee for a specific Transaction / Multi-Vendors-Cart Transaction based on this calculation will be shown to the Buyers on the Site in the checkout process before the completion of the order. An invoice with a detailed breakdown of all Transaction / Multi-Vendors-Cart Transaction costs, including the Buyers Protection Fee, will also be sent to the Buyers.
6.4 Buyer Responsibility Disclaimer: Responsibility for examining all manufacturer's instructions and usage conditions for Goods lies solely with the buyer. Before use, buyers are obligated to meticulously inspect the product's labeling for details on usage, storage directives, expiry date, and safety precautions, as well as to undertake additional investigation into the manufacturer's list of ingredients. TWISH™ is not liable for any adverse reactions, diminished effectiveness of Goods following their application, damages arising from incorrect storage practices, or any accidents occurring while employing the product. The responsibility for confirming the appropriateness and ensuring the safe application of the product is entirely the buyer's. Your purchase signifies your agreement to these terms, releasing TWISH™ from any claims associated with the product's application or misapplication.
6.5 Notice to All Buyers: Please be aware that Goods listed on this platform fall under various conditions, including Brand New, Pre-Owned (Mint Condition), and Unboxed.
TWISH™ requires all Vendors to thoroughly verify and accurately list the packaging conditions and label information of every product they trade according to our strict guidelines in compliance with public health & safety requirements. This includes indicating whether a product has been opened or used and to what extent and compliance with all necessary public health labeling requirements. TWISH™ is not responsible for any usage accidents, incidents, allergic reactions, or usage effectiveness of any item purchased on this platform. By completing this purchase, you accept full risks and responsibility as the buyer to conduct your research and carefully understand the quality and efficiency of your product, thus accepting all related risks regarding its use and efficiency.
TWISH™ is dedicated to providing a transparent and secure shopping experience; therefore, your trust and safety are our top priorities. We ensure that all products sold in pre-owned and unboxed conditions are sealed in their containers. All products display comprehensive labeling information on every container for your safety and awareness.
6.7 Items damaged in transit or Significantly Not As Described. If the Item is damaged or Significantly Not as Described, the Buyers must submit a return request and complete the request submission form on the Site within 48 hours after the Item(s) has/have been marked “received”; otherwise, the Order will be automatically completed (“Dispute Filing Period”). This will suspend the Transaction, and TWISH™ will retain the purchasing price, the Buyers Protection Fee, and the shipping fees of the entire Transaction (including any applicable taxes).
6.6.1 Refunds process for Significantly Not as Described Items. Except for counterfeit Items, all cosmetic and wellness treatments, makeup products, and accessory items valued under $55 are FINAL SALES. However, if an Accessory Item is valued above $55 each and is considered Significantly Not As Described, the process is as follows:
2. If the Buyers and the Vendors do not reach an agreement directly, do not want to settle the situation directly, or if the Vendors do not respond to the return request within 2 days from receipt thereof, the issue can be escalated to TWISH™, which may then ask the parties to provide evidence (e.g., photos, documentation, etc.) to support their position. After TWISH™ has reviewed the situation and in case TWISH™ considers that the Item/s is/are indeed Significantly Not as Described, TWISH™ will ask the Buyers to send the Item/s back to the Vendors within 3 days at the Vendors’ costs. Once the Vendor has received the Item/s back and marks the Item(s) as ‘received’ on the Site, provided that the Buyers has not received a refund or agreed to an alternative resolution related to the Item/s from another source, TWISH™ will cancel the Transaction and ensure reimbursement of the Buyers as stipulated in 9.4.
Counterfeit Items. For Items that the Buyers consider as counterfeit after the Transaction is suspended within the Dispute Filing Period, TWISH™ will evaluate the return request and - in case TWISH™ deems this necessary - will ask the parties to provide more information evidencing the claim. Based on the information provided by the Users, TWISH™ will decide whether the return request falls under the scope of Buyers Protection. In the scenario that there are strong indications that the received item is a counterfeit, the Buyers may not be required by TWISH™ to send back the item to get a refund, but this is decided by TWISH™ at its sole discretion on a case-by-case basis on the information available to TWISH™.
6.6.2 Refunds process for damaged Items.
6.6.3 If the Item is considered Significantly Not as Described or is damaged during shipment, but the Buyer does not contact TWISH™ within the Dispute Filing Period or confirms on the Site that the received Item was acceptable by clicking on the “Confirm Order” button, the Transaction is completed. In this case, the Buyers will not be entitled to make a return request or to receive any reimbursement under Buyers Protection.
6.6.4 Lost Items. If the Item/s is/are lost during shipping, the Buyers should:
In case it has been confirmed by TWISH™ that the Item(s) has been lost, on condition that the Buyers has not received a refund or agreed to an alternative resolution related to the Item/s from another source, the Buyers will be reimbursed under section 9.4.
6.7 TWISH™ does not provide return shipping services. The Buyers must post the Item(s) to the return address provided by the Vendors within three (3) days from receiving the corresponding notification from TWISH™, at the Buyers' own expense unless otherwise agreed with the Vendors. If the Buyers do not send the item back within this period stipulated by TWISH™, the Buyers will not be eligible to receive reimbursement under Buyers Protection.
6.8 Any decision of TWISH™ in respect of a disputed Beauty/wellness product/Item and service will be made by TWISH™ in its sole discretion, and TWISH™’s decision will be final and binding on both Buyers and Vendors.
6.9 Buyers Protection is a TWISH™ service for the Buyers. The rights of the Buyers against the Vendors and the rights of the Vendors against the Buyers under the sales contract remain reserved.
The user acknowledges that:
7.1 As part of the Integrated Payment Service, all Buyers must pay in advance for the Item(s) purchased and service booked from the Vendors by credit or debit card, AND Glow Coins or any other payment method that may be introduced from time to time, by using the Integrated Payment Systems available on the Site.
7.2 Integrated Currency Payment system: The amounts paid in local currency by the Buyers, including the purchase price, Buyers Protection Fee, Shipping Fees, and any applicable taxes together (“Total Purchase Price”), will be retained by Stripe up until the transaction is completed at which time the purchase price, as well as the Shipping Fees (only in case of Shipping Instructions) plus any applicable taxes on the Shipping Fees, will be released to the Vendors’ Stripe connected account and paid out daily to the Vendors’ bank account if the necessary KYC checks are completed:
7.3 By using the Integrated Payment System on the Site, Users acknowledge that a third-party processor is responsible for processing payments and collecting, using, and storing the User's credit or debit card information and understands that Users may be required to accept the processor’s general conditions to use the service. The Buyers will be solely responsible for transmitting information associated with the credit or debit card, and TWISH™ hereby denies any responsibility to the full extent permitted by the applicable legislation.
7.4 Users acknowledge that the right to use the Integrated Payment Service is only for sales in a User’s name. A User may not resell, hire, or allow third parties to use the Integrated Payment Service on any other basis to enable such third parties to be paid for their services. Users may not use the Integrated Payment Service for types of products and services other than those registered with TWISH™. In particular, the User confirms that she/he will not use the Integrated Payment Service for any Item not listed in the Catalogue Rules. If TWISH™ at any time discovers that the information provided by a User is incorrect or has changed without informing TWISH™ or if a User violates any of these conditions, the Services may be suspended and/or terminated with immediate effect.
7.5 Integrated Glow Coins Payment System
It is the platform's exclusive transaction currency and is redeemable for beauty services. They are non-transferable and cannot be exchanged for cash.
7.6 If any suspicion arises about fraud of any kind whatsoever carried out by a User or Beauty PRO, TWISH™ will immediately suspend the User’s account and any Transactions underway while waiting for the results of the inquiry being conducted.
7.7 In the event of any problem (such as, for example, hints of suspected illegal sales on the Site, money laundering, spamming, or violation of the payment provider’s terms & conditions) reported by the provider responsible for the Integrated Payment Service to TWISH™, TWISH™ may immediately suspend the User’s Account and any transactions underway while waiting for the results of the inquiry being conducted.
7.8 TWISH™ reserves the right to suspend a User’s account if the User initiates a dispute resolution procedure via an external payment service provider and, in consideration of all circumstances of the initiated dispute resolution procedure, TWISH™ has a legitimate reason to suspend the User’s account (e.g., in case of breach of applicable laws and/or of these Terms and Conditions and/or there is a likelihood of misuse of the Site).
8.1 TWISH™ Users have access to the services of third-party service providers specializing in the transport and delivery of Items bought through the Site, as detailed below. TWISH™ may, at any time, use another third-party provider such as these companies. The same rules as below will then immediately apply. From the moment the User chooses one or the other of these Shipping options and pays TWISH™, TWISH™:
There are two (2) types of shipping options available on the Site:
1. Integrated Shipping Labels mean that TWISH™, upon request, generates a shipping label to be sent and used by the Vendors. Once the Transaction is completed (as per section 7.2), the Vendors recover the price of the Item. The Buyers Protection fee and the shipping fee are released to TWISH™. You may choose from the shipping providers listed in our shipping policy here. Should the item be lost or damaged during the shipping procedure, if the conditions in 6.4/5 are met, TWISH™ will reimburse the Buyers as stipulated in section 9.4.
The vendors will benefit from compensation for a lost or damaged item as identified and limited by the relevant compensation policy provided by the shipping provider. You can learn more about maximum compensation amounts depending on the provider used in our shipping policy here.
FOR QUEBEC ONLY: If the Item price is higher than this compensation limit, the Vendors may contact the shipping provider directly to seek additional compensation for a lost or damaged Item.
2. Shipping Instructions means that the Vendors has to buy the shipping label on his/her own according to the instructions provided by TWISH™. In this case, the purchase price of the Item, the Buyers Protection fee, and the shipping fees paid by the Buyers (plus any applicable taxes on the shipping fees) are held in the seller’s escrow account. The Vendors must pay for the shipping according to TWISH™’s shipping instructions and send the Item to the Buyers. Should the Vendors fail to use and follow the shipping instructions provided by TWISH™, the Vendors will bear the risk and costs of any additional shipping fees incurred by him/her, will not be reimbursed by TWISH™ for these costs, and will be responsible for shipping the item to the Buyers himself/herself. Once the transaction is completed, the Vendors recover the purchase price of the Item and the shipping fees held in escrow. You may choose from the shipping providers listed here. Should the Item(s) be lost or damaged during shipping, and if the conditions in 6.4/5 are met, TWISH™ will reimburse the Buyers as stipulated in section 9.4. Vendors' compensation will be borne by the shipping provider if they accept the claim. The Terms and Conditions of the shipping provider the User has chosen will apply, including the amount of available compensation, which you can find here.
The Vendors must note the tracking number for the shipment indicated on the Site.
8.2 The costs for the available Integrated Shipping (“Shipping Fees”) are shown after clicking on an Item in the Catalogue on the detail page for the Item in question. The Buyers owe the Shipping Fees, the purchase price for the Item in question, and the Buyers Protection fee.
8.3 The Vendor is responsible for shipping out the Item(s) within five (5) working days following the moment of purchase of the Item(s). If the Vendors do not ship the items within these five (5) working, then the Buyers are entitled to request cancellation of the Transaction by section 10 below.
8.4 Instead of using Integrated Shipping Labels or Shipping Instructions, the Buyers and the Vendors may also agree on personal delivery of the Item(s) using the Meet-up function. For this, the Buyer has to restrict his search in the Catalogue for Item(s) to a certain radius close to him/her. The Buyers will then be able to choose “Meet-Up” instead of Integrated Shipping Labels or Shipping Instructions in the checkout process for all Item(s) turned out by the search within the radius for which the Vendors when uploading the Item(s) has enabled the Meet-Up function. After concluding the Transaction, Vendors, and Buyers must agree on a meeting location for personal delivery. Shipping Fees do not apply.
8.5 Please read our Delivery & Shipping policy to learn more
9.1 All prices are expressed in Canadian Dollars (CAD) and Glow Coins. Any applicable sales tax will be charged automatically based on where the Buyers resides. In cases where TWISH™ is obliged to collect sales tax on a Sale made by the User, TWISH™ will collect such sales tax via the payment method used by the User making the purchase. The amount of tax payable by a User will be displayed during checkout and on the invoice issued by TWISH™. TWISH™ will remit any sales taxes collected to the relevant governmental authorities under applicable law.
9.2 The Integrated Payment Service allows the Buyers to pay with a credit card, debit card, virtual card, or any other payment method approved for the Integrated Payment Service on the Site at the moment of concluding the Transaction.
9.3 The total Transaction amount (which includes the purchase price of the Item, shipping costs, and Buyers Protection fee plus any applicable taxes) will be paid by the buyer using the payment method selected at checkout. The total amount to be paid to the Vendors regarding the Transaction will be provided to the Vendors once the Transaction is completed. If an Item is lost or damaged during shipment or only an electronic item is considered as Significantly Not as Described, and under the further conditions stipulated in section 6, the buyer’s payment method used to make the purchase will be re-credited.
9.4 After a successful return/cancellation of a Transaction or Multi-Vendors-Cart Transaction following sections 6.4, 6.5, or 10.2, TWISH™ will refund the Buyers as follows:
10.1 Buyers and Vendors can submit cancellation requests to the other Party:
The cancellation request will suspend the Transaction, and TWISH™ will retain the Item price, the Buyer’s Protection fee, and the shipping fees of the whole Transaction (including any applicable taxes). The Vendors acknowledge and agree that they may not send the Item(s) to the Buyers when a cancellation request has not yet been resolved following section 10.2 below.
10.2 The party receiving the cancellation request has 48 hours from receipt to approve or reject the request.
10.2.1 If the receiving party accepts the cancellation request, the Transaction will be canceled. If, on the moment of acceptance of the cancellation request:
10.2.2 If the receiving party rejects the cancellation request or does not respond within the timeframe mentioned above, then the request will be escalated to TWISH™, which may then ask the parties to provide additional evidence to support their position about the request and will then make a final decision. Any decision of TWISH™ in respect of a cancellation request will be made by TWISH™ in its sole discretion, and such decision will be final and binding on both Buyers and Vendors.
10.3 If a Transaction is canceled following section 10.2, then TWISH™ will refund the Buyers following section 9.4.
11.1 Users may exchange information with other Users through Private Messages and Public Comments. Users may only use Private Messages and Public Comments to share information about Items listed in the Catalogue. Using Private Messages and Public Comments for any other purpose is not permitted.
When sending Private Messages and/or posting Public Comments on the product detail page of an Item, Users must ensure that he/she does not send and/or post:
In case a User sends Private Messages to another User, he/she must also ensure that he/she does not send mass mailing messages of any kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them).
Users acknowledge that, through algorithms, TWISH™ uses automated software to detect contents of Public Comments contrary to good moral standards and public order, which are inappropriate, insulting, or defamatory and posted as Public Comments. Should Public Comments contain such contents detected by the automated software, the Public Comments and User may be, without limiting other remedies, automatically blocked following section 14 below and/or hidden from the User to whom it was sent. The User, who is the writer of the Public Comments that have been blocked and/or hidden, will be warned of his/her obligation to comply with the Terms and Conditions and informed that TWISH™ may take further steps, such as suspending the User's Account in case of renewed violations. The above-mentioned automated tools adopted by TWISH™ do not constitute a monitoring obligation on TWISH™ nor an obligation to actively search for unlawful activities and/or content on the Site and, to the extent permitted by the applicable law, do not give rise to any liability on TWISH™.
11.2 Exchange of Feedback amongst Users
A Buyer can write feedback on a Vendor solely if a Transaction between them was completed. A User’s feedback on another User must always be fair and honest. Lies and insults are forbidden. TWISH™ does not review feedback before publication by Users. Suppose the feedback received is inappropriate or abusive or does not comply with these Terms and Conditions. In that case, Users are entitled to report it to TWISH™ according to the reporting procedure described in section 12 below. Upon request of the Users, TWISH™ is authorized to withdraw from the Site any feedback that violates these Terms and Conditions or the rights of other Users, including input of Users who did not have the right to write feedback under the terms of these Terms and Conditions.
TWISH™, after identifying the User who has not respected the above rules applying to reviews, may use its right to block the account of the User concerned in whole or in part, following section 14 below. Visitors do not have the right to write feedback on Users.
12.1 All Visitors and Users are entirely responsible, in their capacities as editors, for all the information they post on the Site and, if applicable, for the Items they offer, sell, or transfer to other Users. In particular, when a User lists Items in the corresponding Catalogue, the User recognizes and accepts that he/she is fully responsible for uploading the Item in the corresponding Catalogue, its description, confirmations, the accuracy of the other details provided and communication with other Users (including Private Messages, Public Comments and feedbacks) and, in general, the Transactions undertaken with other Users and disputes that could result from them (hereinafter together referred to as the "Content"). Vendors are fully responsible for the quality and/or safety of any items they sell on TWISH™, and Users shall use the item at their own risk.
12.2 In this respect, Visitors and Users must respect all the applicable laws. Users and Visitors must, in particular, refrain from (i) violating the rights of third parties, (ii) violating intellectual property rights or listing counterfeit items, (iii) inciting offenses or crimes, discrimination, hate or violence based on race, ancestry, place of origin, ethnic origin, religion or creed, sex, gender, age, marital status, family status, disability, citizenship status, sexual orientation, gender identity, gender expression, or any other characteristic protected by applicable law, (iv) communicating incorrect information or confidential information, (v) making defamatory comments, (vi) committing actions that might place minors in danger, (vii) publishing the personal data of other individuals or breaching privacy rights or (viii) usurping the identity of someone else.
12.3 If the Content does not comply with the restrictions outlined in section 12.2 or, generally, if a User or a Visitor does not abide by these Terms and Conditions, the User or the Visitor recognizes and accepts that he/she is solely responsible for the resulting direct and indirect losses of third parties or TWISH™. Consequently, the User or the Visitor recognizes and accepts that, in its capacity as hosting provider, TWISH™ will under no circumstances undertake any verification of the Content and, to the extent permitted by applicable law, will under no circumstances be held responsible for such damages or losses suffered by Users and/or third parties. In particular, without limitation, TWISH™ will not be held liable for (i) actions or omissions of Users and Visitors, (ii) the information posted on the Site by Users and Visitors, their topics, their accuracy, their exhaustiveness and/or their compliance with the applicable laws and regulations or (iii) the quality and quantity of Items Users sell or buy via the use of the Site, nor their compliance with the description given.
12.4 TWISH™ is not responsible for the Content uploaded online by Users. Users are responsible for uploading their content online. TWISH™ will remove the User’s Content that has been duly notified to it following the procedure outlined in section 14 and with applicable laws, which violates applicable laws and/or TWISH™'s policies, that is, all rules/regulations governing the use and operation of the Site. TWISH™ may take action against the User, particularly regarding the usability of his/her Account, as provided in section 14 below. Suppose any User or Visitor discovers unlawful content or Content that violates these Terms and Conditions and/or their rights and/or the rights of a third party. In that case, TWISH™ must be informed immediately, and the User must report the Content using this contact form.
More generally, Users will refrain from uploading any unlawful, false, or inaccurate content. Users must act and use the Site in good faith.
12.5 The User is expressly reminded that the Internet is not secure. The User recognizes and is fully informed of the unreliability of the Internet, in particular in terms of potential security breaches regarding the transmission of data and the absence of performance guarantees regarding the volume and speed of data transmissions. TWISH™ does its best to keep the Site as secure as possible. Nevertheless, the Internet is not a secure network, and the system reliability could be impaired independently of TWISH™'s will.
12.6 To the extent permitted by applicable law, TWISH™ will not be held liable for unpredictable events such as cyber-attacks, security breaches regarding the transmission of data, or performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to the Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.
13.1 The User undertakes:
13.2 The Users and Visitors undertake to comply with the following rules when using the Site:
13.3 The Users and Visitors undertake not to collect, hold concurrently, transmit to third parties, make public, publish, or disclose data of the Site's Users or data on their actions, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission.
The Users and Visitors also undertake not to collect, hold concurrently, transmit to third parties, make public, publish, or disclose information that appears on the Site if such action may affect the rights of other Users. This restriction does not apply to the "share" function on the Site. It allows users to share public information on the Site in TWISH™’s or their social media accounts and send such information to themselves or others by email.
13.4 To the extent permitted by applicable law, TWISH™ is not responsible for a User's behavior when the latter uses the Site or Services. In particular, TWISH™ is not responsible for the poor implementation or failure to implement Transactions by Users.
13.5 The User undertakes to keep his/her login details and password confidential concerning third parties, apart from the people who have been authorized by the User to use his/her login details.
13.6 The User undertakes to immediately update information on the Site that is no longer relevant owing to amendments to his/her data (in particular, the information provided during the registration on the Site), as well as no longer relevant information on the Items listed in the Catalogue and their condition.
13.7 When using the Site, the User or Visitor represents:
13.8 Links to other Websites
To the extent links to third-party websites are made available to you through the Site, you understand that such websites are operated by third parties and not by TWISH™ and are provided for convenience only. No endorsement of any third-party Goods, services, or information is expressed or implied by any information, material, or content referred to, included on, or linked from or to the Site. In no event will TWISH™ be responsible for the content of any other websites. TWISH™ makes no representation or warranty regarding any other websites or the contents or materials on such websites. Visitors and users who access other websites do so at their own risk.
13.9 To the fullest extent permitted by applicable law, the User indemnifies TWISH™ (and the companies of its group) against any claim(s) arising from the improper use by the User of the TWISH™ Site, breach of law by the User or the rights of a third party.
14.1 TWISH™ may restrict, in whole or in part, the use of the Site (by stating the limitation conditions), suspend or terminate the account of the User or the Visitor’s ability to use the Site, prevent the User from re-registering or accessing the Site, subject to sending a prior notice and observing a reasonable notice period, if User and/or Visitor:
14.2 Notwithstanding the above, TWISH™ can deactivate or restrict the User’s account with immediate effect and without prior notice in any of the following cases:
14.3 Subject to the same circumstances as those described above, TWISH™ may, by sending prior notice on this subject to the User/Visitor in question, limit, in whole or in part, the User’s Account or the Visitor’s access. Partial blocking means the User cannot list Items in the Catalogue, communicate with other Users, and/or participate in the Forum. Total blocking means that the User’s Account will be blocked and/or deactivated, and the option of using the Site from the User’s computer will be blocked. The User must be aware that after total blocking, he/she will no longer have the right to re-register on the Site. The deactivation of the User’s Account does not mean that TWISH™ will remove all relevant information of the Account, in particular the User’s details, to the extent that it may be stored to find out more about the circumstances surrounding TWISH™’s decision to cancel the User’s Account and to transfer these data to the institutions and authorities responsible for applying the law, following the Privacy Policy.
14.4 TWISH™ may immediately, without prior formal notice, delist or remove from the Site the Items listed by the User in the Catalogue or any other Content provided by the User if these Items or this Content:
TWISH™ may investigate any violation of these Terms, the Privacy Policy, or the Catalogue Rules and inform the competent institutions and authorities responsible for applying the laws.
14.5 In the cases referred to in Articles 13.1 and 13.4 above, the User and Visitor can challenge TWISH™’s decision by sending a complaint through the system referred to in Article 15.
14.5 TWISH™ may, at any time, re-organize the Catalogue, advertising spaces, or other information on the Items, subject to these changes, not amending the Content provided by the User, to make the Site more user-friendly. TWISH™ may at any time publish News containing descriptions, instructions, rules, or other information associated with the subject matter of the News.
14.6 TWISH™ may, at any time, publish News or other communications regarding short and long-term offers on the Site, competitions, games, or promotions that comply with provincial law to promote new Services or third-party Goods or services. Special conditions may apply. Information regarding offers, competitions, games, or promotions that comply with provincial law will be provided on the Site. In case of inconsistency between the Terms and Conditions and special conditions published on the Site applicable to News, the latter will prevail.
14.7. TWISH™ may, under certain conditions, issue Shopping Credit to Users to be used on the Site. A Shopping Credit issued expires 30 days after receipt. The Shopping Credit Terms and Conditions will apply to all Shopping Credits accrued by a User.
14.8 TWISH™ may end, suspend, or assign the Site's operation to third parties, subject to notifying Users of the Site and respecting a notice period of thirty (30) days.
14.9 The User may apply a “Holiday” status to their account. When a User has a Holiday Status, Items offered for sale by such User will be hidden from other Users in the Catalogue. TWISH™ reserves the right to remove Items offered for sale by any User if such Items were not sold for a substantially long time.
The Privacy Policy is available at the link https://TWISH™.ca/en/privacy-statement describes the Personal Data of the User collected by TWISH™ and the purposes for which TWISH™ processes such data.
All personal data produced on TWISH can not be stored, copied, transferred, or sold on private devices or drives or to third parties.
16.1 These Terms and Conditions shall be governed by and construed under the provincial law where the User resides when they sign up for an Account and the federal laws of Canada applicable therein.
16.2 In the event of a disagreement between TWISH™ and the User, TWISH™ encourages Users to reach out to TWISH™ first to find an amicable solution. The User may address a written complaint to the Customer Service Department using the contact form.
16.3 The User may end his/her relationship with TWISH™ at any time with immediate effect but will have to fulfill all of his/her obligations that resulted from Transactions the User entered into before the end of his/her relationship with TWISH™. The User may end his/her relationship with TWISH™ by canceling his/her account or by deleting your account via your Account Setting. TWISH™ may end its relationship with the User by providing thirty (30) days prior notice in writing (sixty (60) days for Users residing in Quebec) or by electronic means. In addition, TWISH™ may also end its relationship with the User with immediate effect in the event of a violation of any applicable law or regulation or of the provisions of these Terms and Conditions by the User as well as in case a scam, fraudulent activity, abuse or misuse by the User of the TWISH™ Services.
16.4 TWISH™ and the companies of its group hold all rights, in particular the intellectual property rights regarding the Site, that is in its system (the Catalogue, its transmission, etc.), in the layout and design of the Site, in the software used by and for the Site, in the application programming interface (“API”), in the trademarks and domain names used by and for the Site. No license, assignment or other conveyance of any intellectual property or related right is granted by TWISH™ to the User for any purpose.
16.5 The submission of information or data, in particular photographs on the Site, i.e., “Content,” means that Users of the Site or the Services hereby grant to TWISH™ and any company belonging to the TWISH™ Group, without consideration, a non-exclusive license to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such license includes the right to use, copy, reproduce, display, and adapt the Content. TWISH™ may use such Content on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites), and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes of the TWISH™ Group, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it.
16.6 All the notifications, requests, and other information exchanged between the User and TWISH™ will be sent as stated in the Terms and Conditions via the contact form appearing on the Site and/or by/to the User via email, to the email address provided when registering on the Site. 16.7 The Terms and Conditions do not have the effect of creating a partnership (regardless of its legal form) between TWISH™ and the Users, labor law relationships, relationships between a commercial agent and the latter’s customer, nor a franchise relationship.
16.8 TWISH™ may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting TWISH™, provided that this does not reduce protection of the consumer’s rights under applicable law. Such a transfer releases TWISH™ from all obligations as operator of the SITE, particularly towards its Users and Visitors for the future. In case TWISH™ transfers and/or assigns these rights and obligations under these Terms and Conditions to any third party, the User has the right to immediately terminate his/her relationship and close his/her account with TWISH™. Users may not transfer or assign any or all of their rights or obligations arising from these Terms and Conditions.
16.9 A User may express objections regarding the access, use, or operation of the Site or the Services at any time by sending a notification. Notifications must be sent to TWISH™ using the contact form.
17.1 Nothing in these Terms limits or excludes TWISH™’s liability to you for death or personal injury caused by TWISH™’s negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
17.2 To the fullest extent permitted by applicable law, TWISH™ makes no warranties or representations, whether express or implied, that this Site, any content, and the Services on it (1) are accurate, complete, up-to-date or suitable for any purpose or (2) are free of error or omission. To the fullest extent permitted by applicable law, your use of the Site is at your own risk.
17.3 To the extent permitted by applicable law, TWISH™ excludes all implied or statutory conditions, warranties, representations, or other terms that may apply to this Site, any content, or the Services on it.
17.4 To the extent permitted by applicable law, TWISH™ is not responsible for any action or inaction of Users of the Site or Services or content provided by Users of the Site, including, without limitation:
17.5 Subject to section 17.1, TWISH™ will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or Services, or to your downloading of any content on it, or any website linked to it.
17.6 TWISH™ is not responsible for any third-party service providers you integrate into your account. TWISH™ will not be liable for any loss or damage arising from your use of them.
17.7 DOES NOT APPLY IF YOU RESIDE IN QUEBEC. Subject to section 17.1, TWISH™, its subsidiaries, and affiliated group companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site
TWISH™ shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms if such delay or failure results from events, circumstances, or causes beyond TWISH™’s reasonable control. In such circumstances, TWISH™ shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms and Conditions.
Suppose any provision or any part of any provision contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent. In that case, such term shall, to that extent, be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by applicable law.
These Terms and all documents referred to in these Terms constitute the entire agreement between TWISH™ and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between TWISH™ and you, whether written or oral, relating to its subject matter. TWISH™ and the User and Visitor agree that in entering into these Terms, they have not relied on any statement, representation, assurance, or warranty (whether made innocently or negligently) not set out in these Terms or any document referred to in them. Neither TWISH™ nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to.
The section headings in these Terms and Conditions are included for convenience. They do not constitute a part of them and will not limit or otherwise affect any of the provisions herein, nor will they be used to interpret them.
These Terms and Conditions, all documents referred to therein and all related documents have been drafted in the English language at the express request of the parties. Les présentes modalités, tous documents auxquels ces dernières font références ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
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