Terms and Conditions

Last modified: April 24, 2017

These Terms and Conditions apply to services provided by Barcode Lookup through its website, located at www.barcodelookup.com, including subdomains, API and mobile applications (the “Services”).

By clicking “I agree” or by using the Services, you are agreeing, or if you are agreeing on behalf of an entity, the entity is agreeing, to be bound by the Terms and Conditions. If you later disagree with the Terms and Conditions, you agree to stop using the Services and contact Barcode Lookup.

1. Using the Services

Barcode Lookup’s Services include bulk product lookups (“Bulk Lookup Services”) and API-based product lookup services (“API Services”), which permit you to lookup barcode numbers (GTINs), manufacturer part numbers, along with additional product data.

For Bulk Lookup Services, you shall provide Barcode Lookup with a TXT, CSV or Microsoft Excel® file emailed to orders@barcodelookup.com and containing the barcode numbers (GTINs) and/or the manufacturer part numbers you desire to process through the Services. Bulk Lookup Services are provided once per customer request and delivered within 1 to 3 weeks, which is an estimate and not a guaranteed delivery timeframe.

API Services are provided pursuant to a recurring subscription that, depending on the terms of your particular subscription, permits you to make a certain number of API calls. Regardless of the type of API Services paid for, you cannot exceed 100 API calls per minute. Barcode Lookup shall provide you with an API key and instructions for using API Services. Barcode Lookup does not integrate the API Services with any third party application. You are responsible for all development costs, coding, debugging and integration with the API and your application.

Barcode Lookup shall provide you, whether as a result of Bulk Lookup Services or API Services, with a GTIN number, barcode type (EAN, UPC or ISBN), product name, category or any additional product information discovered for each successful lookup (“Product Data”). Product Data shall be provided to you, in the case of Bulk Lookup Services, in a CSV file and, in the case of API Services, in JSON format. Barcode Lookup does not guarantee that the Services will produce data in response to lookup requests you submit.

2. Service Fees

You agree to pay Barcode Lookup such fees for the Services as presented to you at the time of purchase. Barcode Lookup accepts payment by Visa, MasterCard, PayPal, check or direct deposit, which is required prior to commencement of the Services and is non-refundable. You acknowledge and agree that payment is processed through a third party service provider who may subject you to additional terms and to whom your payment information is disclosed.

For Bulk Lookup Services, Barcode Lookup imposes a minimum fee of $99.00 USD for each order, regardless of whether the Services requested are less than such amount. If you provide Barcode Lookup with separate spreadsheets containing data to be processed pursuant to a Bulk Lookup Services order, each spreadsheet is treated as a separate order. Each request to lookup data previously provided to you by Barcode Lookup (data refresh requests) constitutes a new order. You agree to pay Barcode Lookup a non-refundable deposit of $99.00 USD prior to commencement of each instance of Bulk Lookup Services requested by you, which is credited against such deposit. Successful product lookup entries will include a GTIN number, barcode type – EAN, UPC or ISBN (one of the three), product name and category. Except for the nonrefundable deposit, you are only charged for successful barcode lookup entries where partial or full product data is returned.

API Services are automatically charged on a monthly, recurring basis but may be cancelled, upgraded or downgraded. If you would like to make a change to your API Services please email support@barcodelookup.com. Cancellation requests must be emailed to Barcode Lookup at least 3 business days prior to the date such API Services are renewed and is effective upon your receipt of an email from Barcode Lookup confirming cancellation.

3. Accounts

Some Services require you to register an account in order to use the Services and select a user name and password and, in the case of API Services, you will be provided a unique API key (“Login Information”). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, whether or not you authorized such use. If you become aware of, or reasonably suspect, unauthorized use of your account you must immediately change the password that is part of your Login Information and notify Barcode Lookup by emailing support@barcodelookup.com.

4. Service Subscription

Barcode Lookup grants you a non-exclusive, non-sublicensable, non-assignable, revocable, limited subscription to use the Services to: (a) submit and receive Product Data resulting from Bulk Lookup requests; (b) make API calls and receive Product Data in response to such calls; and (c) use any Barcode Lookup application to search for and retrieve Product Data (the “Subscription”). No title or ownership interest in the Services or Subscription is transferred or assigned to you and you acknowledge that the Terms and Conditions is not a sale of any right to the Services or Subscription.

Barcode Lookup may suspend your Subscription and any associated account at any time without notice or compensation to you for any reason including, but not limited to, violation of the Terms and Conditions. Whether a suspension is lifted is at Barcode Lookup’s sole discretion.

The Subscription terminates upon the earliest of: (a) Barcode Lookup’s termination of the Terms and Conditions or Services and that may occur without notice or reason; (b) your failure to pay any amount owed to Barcode Lookup; (c) your termination of the Subscription by notifying Barcode Lookup at support@barcodelookup.com; or (d) your non-compliance with the Terms and Conditions. Upon termination you are not entitled to a refund of any kind and shall delete all Product Data previously provided to you.

5. Subscription Restrictions

You agree to not: (a) scrape, data mine or otherwise collect content from the Services; (b) make publicly available, sell or resell the Services or Product Data resulting therefrom; (c) circumvent or reproduce the look and feel of the Services; (d) copy, damage, decompile, disassemble, disrupt, impair, modify or reverse engineer the Services; (e) use the Services to violate any law or regulation in any jurisdiction; or (f) gain, or attempt to gain, unauthorized access to the Services, including through the use of another user’s account or through any method not provided by or approved by Barcode Lookup.

6. Referral Relationship

If Barcode Lookup accepts you as an affiliate, as determined in its sole discretion, (“Affiliate”), Barcode Lookup grants you the non-exclusive right to refer prospective clients of the Services to Barcode Lookup (each, a “Referral”). Upon providing a Referral to Barcode Lookup, Affiliate shall have no further involvement with such Referral in relation to the Services.

Barcode Lookup shall pay Affiliate a 10% commission on all fees received by Barcode Lookup from a Referral (the “Commission”) during the 365-day period following the date the Referral first subscribed for the Services (the “Commission Term”). The Commission is calculated on a monthly basis from the sum of total fees paid to Barcode Lookup from a Referral during such month minus taxes collected, returns, chargebacks and disputed amounts. The Commission is remitted within 30 days of the end of each month in which the Commission due to Affiliate is equal to or greater than $100.00 USD (the “Remittance Threshold”). If the Remittance Threshold is not met for a particular month, Barcode Lookup shall withhold the Commission until the month in which the Remittance Threshold is met. No Commission is due outside of the Commission Term. The Commission rate is set by Barcode Lookup and subject to change, on one or more occasions, in Barcode Lookup’s sole discretion upon 30 days notice to Affiliate.

Barcode Lookup shall provide Affiliate with a unique identification number and hyperlink to the Services (the “Affiliate ID”). Referrals are prompted to provide the Affiliate ID when subscribing for the Services, which is used to associate Referrals with Affiliate for purposes of calculating Commission. Affiliate is solely responsible for providing the Affiliate ID to each Referral and implementing the Affiliate ID as instructed by Barcode Lookup. For example, all hyperlinks pointing to www.barcodelookup.com must include ?ref=yourid. Barcode Lookup shall not pay the Commission if a Referral fails to provide the Affiliate ID or Barcode Lookup is unable to otherwise associate the Referral with Affiliate, as determined in Barcode Lookup’s sole discretion. Barcode Lookup has sole discretion to accept or reject any Referral and is under no obligation to engage in business with any Referral.

Upon termination of the Terms and Conditions the Commission Term shall immediately expire and Affiliate shall cease to receive any Commission from Barcode Lookup and any Commission not previously remitted is automatically forfeited.

Affiliate is solely responsible for charging, collecting and remitting taxes on the Commission and shall indemnify, defend and hold Barcode Lookup harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, including any liability for, or assessment of, withholding taxes imposed on Barcode Lookup by the relevant taxing authorities with respect to any Commission paid to Affiliate. Additionally, Barcode Lookup may take such steps as it considers necessary or appropriate for the withholding of any taxes, which it is required to withhold in connection with the Commission.

Affiliate’s relationship with Barcode Lookup shall be that of an independent contractor and not that of an employee. The Affiliate Program shall not be construed to create any partnership, joint venture, employer-employee or agency relationship between Barcode Lookup and Affiliate. Affiliate is solely responsible for all fees, charges, expenses and liabilities it incurs while acting in such capacity. Affiliate acknowledges and agrees that it has no authority to enter into contracts that bind Barcode Lookup or create obligations on behalf of Barcode Lookup.

Affiliate agrees, during the term of the Terms and Conditions and for a period of 12 months immediately following termination, to not, directly or indirectly, on its own or on behalf of a third party, solicit any Referral for purposes similar to the Services.

7. Intellectual Property Rights

Barcode Lookup reserves all right, title and interest in the Services and Product Data including, but not limited to, all copyrights, patents, trademarks, trade secrets, industrial designs, utility models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. Without limiting the foregoing, Barcode Lookup hereby retains all rights not expressly granted in the Terms and Conditions.

Certain elements of Product Data, such as product images and descriptions, are the property of third parties and not Barcode Lookup (“Third Party Content”). The Terms and Conditions do not grant you any rights to Third Party Content and you represent and warrant that your use of Product Data will not infringe the rights of any Third Party Content owner. If you require rights to Third Party Content please contact the Third Party Content owner.

You represent and warrant that you have all rights necessary to provide any data to Barcode Lookup in connection with the Services and hereby grant Barcode Lookup an irrevocable, fully-paid, royalty-free, non-exclusive, perpetual, worldwide license to such data for any and all purposes without attribution, notice, permission, royalty or payment to you or any third party.

8. Notice of Copyright Infringement

If you are a U.S. copyright owner, Barcode Lookup will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”).

You must provide the following in your DMCA notice: (a) identify the copyrighted work claimed infringed; (b) identify the material claimed infringing and where it is located; (c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address; (d) provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law; (e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and (f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.

Barcode Lookup may provide you notice if your data was removed as a result of receiving a DMCA notice. If you receive notice from Barcode Lookup, you may provide a counter-notification to Barcode Lookup’s designated DMCA agent at: legal@barcodelookup.com.

9. Disclaimer

THE SERVICES ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, BARCODE LOOKUP DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, BARCODE LOOKUP MAKES NO REPRESENTATIONS THAT THE SERVICES WILL NOT INFRINGE ANY RIGHTS HELD BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY COPYRIGHT, PATENT OR TRADEMARK. FURTHER AND WITHOUT LIMITING THE FOREGOING, BARCODE LOOKUP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR NEEDS OR THAT THE SERVICES WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE, RESULT IN LOST DATA OR WILL NOT HARM COMPUTERS OR MOBILE DEVICES. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY BARCODE LOOKUP, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS OR PARTNERS WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION MAY NOT APPLY TO YOU IN ITS ENTIRETY.

10. Limitation of Liability, Indemnity

YOU AGREE THAT BARCODE LOOKUP SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL, UNAUTHORIZED ACCESS TO YOUR ACCOUNT, AND ANY AND ALL OTHER DAMAGES AND LOSSES, EVEN IF BARCODE LOOKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE THAT BARCODE LOOKUP’S MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE GREATER OF: (1) TOTAL FEES YOU PAID TO BARCODE LOOKUP IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND (2) $100 (CAD).

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD BARCODE LOOKUP, ITS AFFILIATES, AGENTS, CONTRACTORS, DIRECTORS, EMPLOYEES, OFFICERS AND PARTNERS HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR, OR ANY THIRD PARTY’S, USE OF THE SERVICES. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY STATUTE, VIOLATION OF PRIVACY AND/OR INTELLECTUAL PROPERTY RIGHTS, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS.

Barcode Lookup shall promptly provide you notice of the claim and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases Barcode Lookup of all liability.

You acknowledge that Barcode Lookup would be irreparably damaged if the Terms and Conditions are not specifically observed and, therefore, agree that Barcode Lookup shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms and Conditions, in addition to other remedies available under applicable law.

11. Publicity

You agree that Barcode Lookup may use your name and reference you as a customer for advertising, promotion or similar publicity purposes and hereby grant Barcode Lookup a non-exclusive, worldwide license to your name and logo for such purposes.

12. Privacy Policy

Please note that information provided during use of the Services is collected pursuant to Barcode Lookup’s Privacy Policy, which is available at www.barcodelookup.com/privacy-policy. By using the Services you are also agreeing to the Privacy Policy.

13. Updates

Barcode Lookup reserves the right, in its sole discretion, to modify the Terms and Conditions and Privacy Policy at any time (“Updates”). Barcode Lookup shall notify you of Updates by making them available at www.barcodelookup.com. You are deemed to accept any Update by continuing to use the Services. Unless Barcode Lookup states otherwise, Updates are automatically effective 10 days after posting on www.barcodelookup.com.

14. Governing Law

These Terms and Conditions and the Privacy Policy are governed by the laws of the province of Ontario and Canada. The parties submit to the exclusive jurisdiction of courts located in Toronto, Ontario and hereby waive any and all objections to venue, jurisdiction or service of process.

15. Severability

If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

This agreement expresses the entire understanding between you and Barcode Lookup and supersedes any prior agreements or understandings relating to the matters contained herein.