Welcome to Earthnique! These Terms of Use (“Terms”) govern your access to and use of the Earthnique mobile application (the “App”) and its associated services. The App is an online marketplace designed to connect individuals seeking ethnic goods and services (“Customers”) with vendors offering such goods and services (“Vendors”).
By accessing or using the App, you signify that you have read, understood, and agree to be bound by these Terms, whether you are a Customer or a Vendor. If you do not agree with these Terms, you must not use or access the App. These Terms constitute a legally binding agreement between you and Earthnique.
App: Refers to the Earthnique mobile application, including all its features, content, and services.
· Content: Refers to any text, images, videos, audio, or other materials uploaded, posted, or displayed on the App by Users or Earthnique.
To use the App, you must be at least 18 years old and capable of forming a binding contract. By using the App, you represent and warrant that you meet these eligibility requirements.
To access certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Earthnique reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or incomplete.
You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify Earthnique immediately of any unauthorized use of your account. Earthnique cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
This version of the Earthnique App is being released to early adopters. By participating in the early adopter program, you acknowledge and agree that the App may contain bugs, errors, or other issues, and that its features and functionalities may evolve rapidly. Your feedback is valuable and helps us improve the App. Earthnique reserves the right to modify, suspend, or terminate the early adopter program at any time without prior notice.
Vendors may list goods and services in multiple categories, specifying the cost for each. Vendors are solely responsible for the accuracy of their listings, including descriptions, pricing, availability, and any associated terms. Earthnique reserves the right to review and remove any listings that violate these Terms or are deemed inappropriate.
Vendors may run promotions for a specified time span on one or more products and services. Vendors are responsible for ensuring that all promotions comply with applicable laws and regulations, including consumer protection laws.
Vendors will receive order requests from Customers and have the option to accept, re-schedule, or reject those orders. Vendors agree to communicate promptly and clearly with Customers regarding the status of their orders.
Vendors can chat (in-app) with Customers who have submitted an order. This feature is intended for communication directly related to the order and service delivery.
Vendors are granted a 6-month free trial period. After this period, a monthly subscription fee of CA$10.00 per month will apply. Earthnique uses Stripe as a third-party payment processor to receive these monthly subscriptions. By subscribing, Vendors agree to Stripe’s terms of service and privacy policy.
Earthnique uses Stripe as a third-party tool to verify businesses during registration, which may involve the use of government-issued documents like a driver’s license.
Customers can view businesses providing goods and services in specific categories. The App allows Customers to search for businesses by name, ethnicity of the offerings, whether they offer home services, delivery services, and other criteria.
Customers can visit a Vendor’s home page, select one or more services or products, indicate the requested service date and time, and include instructions and/or additional information (including images) on service requests.
Customers can chat (in-app) with Vendors regarding their orders or service requests.
Customers can save their favorite businesses and share business links with others.
IMPORTANT NOTE: In this initial version of the App, payments for products and services are managed outside the App directly between the Vendor and the Customer. Earthnique does not process, manage, or facilitate payments for goods and services exchanged between Customers and Vendors. Earthnique is not responsible for any payment disputes, issues, or fraudulent activities that may arise from transactions conducted outside the App. Users are advised to exercise caution and diligence when making or receiving payments.
You agree not to engage in any of the following prohibited activities:
· Using the App for any illegal or unauthorized purpose.
All content on the App, including text, graphics, logos, images, and software, is the property of Earthnique or its content suppliers and protected by Canadian and international copyright laws. Vendors retain ownership of the content they upload to their listings, but grant Earthnique a worldwide, royalty-free license to use, display, and distribute such content for the purpose of operating and promoting the App.
The App is provided “as is” and “as available” without warranties of any kind, either expressed or implied. Earthnique does not warrant that the App will be uninterrupted, error-free, or secure. Earthnique is not responsible for the conduct, whether online or offline, of any user of the App.
To the fullest extent permitted by applicable law, Earthnique shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App; or (c) unauthorized access, use, or alteration of your transmissions or content.
You agree to indemnify and hold harmless Earthnique and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the App; (b) your violation of these Terms; or (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
Earthnique may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or your use of the App shall be resolved exclusively in the courts located in Vancouver, British Columbia, Canada.
While these Terms are governed by the laws of British Columbia, users of the App are also subject to the consumer protection laws of the province in which they reside. For users in Alberta, this includes the Consumer Protection Act and the Internet Sales Contract Regulation. Vendors using the Earthnique App are solely responsible for understanding and complying with all applicable consumer protection laws in the provinces where they offer goods and services, including but not limited to requirements for disclosure, cancellation rights, and refund policies. Earthnique does not assume responsibility for Vendors’ compliance with such provincial laws.
Earthnique reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.
If you have any questions about these Terms, please contact us at: support@earthnique.ca
