These Terms of Use govern your access to and use of the Earthnique online marketplace platform. Please read them carefully. By accessing or using this Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. Earthnique is a discovery and listing marketplace — it is not a seller, retailer, or payment processor. All financial transactions between Customers and Vendors take place entirely off-platform and are solely the responsibility of the parties involved.
These Terms of Use (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Earthnique Inc. (“Earthnique,” “we,” “us,” or “our”), governing your access to and use of the Earthnique platform located at the applicable website and any related mobile applications, tools, features, and services (collectively, the “Platform”). By accessing, browsing, registering for, or otherwise using the Platform in any manner, you agree to be bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately cease using the Platform.
You must be at least eighteen (18) years of age and have the full legal capacity to enter into a binding agreement in your jurisdiction in order to use this Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements. If you are accessing the Platform on behalf of a business entity, you further represent and warrant that you have full authority to bind that entity to these Terms, and all references to “you” shall include that entity.
Earthnique reserves the right to amend, modify, or replace these Terms at any time, in its sole discretion. When we make material changes, we will update the “Last Updated” date at the top of this document and, where practicable, provide notice to registered Users through the Platform or by email. Your continued use of the Platform after any such modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. If you do not agree to any amended Terms, you must discontinue use of the Platform.
For the purposes of these Terms, the following capitalized terms shall have the meanings set out below:
means Earthnique Inc., a corporation incorporated under the laws of British Columbia, Canada, and its successors, assigns, officers, directors, employees, and agents.
means the Earthnique online marketplace website, mobile applications, and all associated digital properties, tools, and services operated by Earthnique.
means any business or individual who has registered on the Platform to offer, list, promote, or sell sustainable products or services to Customers, and who holds an active Subscription with Earthnique.
means any User who accesses the Platform to browse product listings, submit Order Requests, or otherwise engage with Vendors through the Platform.
means any individual or entity who accesses or uses the Platform, including both Vendors and Customers.
means any information, text, data, images, photographs, graphics, audio, video, product descriptions, pricing information, reviews, or other material submitted, posted, or displayed on the Platform by any User or by Earthnique.
means a product or service entry created and maintained by a Vendor on the Platform, which may include descriptions, images, pricing information, and other relevant details.
means a request or inquiry submitted by a Customer through the Platform expressing interest in purchasing a Vendor’s product or service. An Order Request is forwarded by Earthnique to the relevant Vendor for follow-up. An Order Request does not constitute a binding purchase contract with Earthnique, does not obligate Earthnique in any way with respect to fulfillment, and does not involve any payment processed through the Platform.
means the periodic fee (monthly or annual) charged by Earthnique to Vendors in exchange for access to the Platform and its listing and communication features. The Subscription Fee is the only fee that Earthnique charges to any User.
means any negotiation, payment arrangement, invoicing, fulfillment, delivery, return, refund, or other commercial activity between a Customer and a Vendor that occurs outside of the Platform and independently of Earthnique.
means the marketplace discovery, product listing display, and Order Request forwarding services provided by Earthnique through the Platform, as more fully described in Section 3.
Earthnique operates an online marketplace discovery and listing platform that connects eco-conscious Customers with sustainable product Vendors. The Platform enables Vendors to create and display product Listings and enables Customers to browse those Listings and submit Order Requests.
Earthnique’s role is limited to facilitating communication and Order Requests between Customers and Vendors. Earthnique is a technology service provider only. Earthnique is not a seller, retailer, wholesaler, distributor, fulfilment provider, or party to any transaction between a Customer and a Vendor.
When a Customer submits an Order Request through the Platform, Earthnique will forward that request to the relevant Vendor. The Vendor is solely responsible for reviewing the Order Request and contacting the Customer directly to arrange fulfillment, pricing confirmation, invoicing, and payment through the Vendor’s own systems. Earthnique does not guarantee that any Vendor will respond to, accept, or fulfill any Order Request.
Earthnique does not operate a checkout system, payment gateway, or escrow service. Earthnique does not process, collect, hold, transmit, or facilitate Customer payments of any kind. Earthnique does not collect commissions on Vendor sales. Earthnique does not integrate with any third-party payment processor (including, without limitation, Stripe, PayPal, or any equivalent service) on behalf of Vendors or Customers in connection with product transactions. All financial consideration for products or services flows exclusively between the Customer and the Vendor through the Vendor’s own payment systems, entirely off-platform.
Earthnique makes no representation or warranty of any kind, express or implied, regarding the quality, safety, legality, authenticity, availability, or fitness for any particular purpose of any product or service listed on the Platform. Earthnique does not endorse any Vendor or any Vendor’s products. The inclusion of a Listing on the Platform does not constitute a recommendation or guarantee by Earthnique.
Earthnique reserves the right to modify, suspend, or discontinue the Platform or any feature thereof at any time, with or without notice, for any reason, including for maintenance, upgrades, or operational necessity. Earthnique shall not be liable for any such modification, suspension, or discontinuation.
Certain features of the Platform require registration of an account. When registering, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate. Earthnique reserves the right to reject any registration or to require additional verification at its sole discretion.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to notify Earthnique immediately at legal@earthnique.com if you become aware of any unauthorized access to or use of your account. Earthnique shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
Your account is personal to you and may not be shared with, transferred to, or used by any other individual or entity. Each Vendor and each individual User must maintain their own separate account. Account sharing is strictly prohibited and may result in immediate suspension or termination of the account.
Earthnique reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate any account at any time and for any reason, including but not limited to breach of these Terms, suspected fraudulent activity, or inactivity. Where reasonably practicable, Earthnique will provide notice of suspension or termination. Termination of a Vendor account is subject to the additional provisions set out in Section 14.
To become a Vendor on the Platform, you must complete the Vendor application process as required by Earthnique from time to time. Earthnique reserves the right to approve or reject any Vendor application in its sole discretion. Approval as a Vendor does not constitute an endorsement of the Vendor or their products by Earthnique.
In consideration for access to the Platform and its features, Vendors must pay Earthnique a recurring Subscription Fee on either a monthly or annual billing cycle, as selected at registration or as subsequently changed in accordance with the applicable plan terms. The Subscription Fee is the only fee that Earthnique charges to Vendors. Earthnique does not charge transaction fees, commissions, or any percentage of product sales.
As a Vendor, you agree to:
The Vendor is solely and exclusively responsible for all aspects of every Off-Platform Transaction, including without limitation: product fulfillment and delivery; product quality, safety, and compliance with applicable standards; invoicing and billing; collecting payment from Customers through the Vendor’s own payment systems; handling Customer service inquiries; and processing all returns, refunds, or exchanges. Earthnique has no involvement in, oversight of, or liability with respect to any Off-Platform Transaction.
Each Vendor represents and warrants to Earthnique that: (a) it has all necessary legal rights, licences, authorizations, and approvals required to offer, market, and sell the products and services listed on the Platform; (b) the products and services comply with all applicable laws and do not infringe upon any third-party intellectual property rights; and (c) all Content and information provided to Earthnique or posted on the Platform is accurate and not misleading.
The Vendor is solely responsible for determining, collecting, reporting, and remitting all applicable taxes on their product sales, including without limitation GST/HST, PST, VAT, sales tax, and any other tax imposed by any applicable jurisdiction. Earthnique does not collect or remit taxes on behalf of Vendors in connection with product sales. See also Section 11.
In addition to the general indemnification obligations set out in Section 10, each Vendor agrees to indemnify, defend, and hold harmless Earthnique and its officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) the Vendor’s products or services; (b) any Off-Platform Transaction; (c) the Vendor’s failure to collect or remit applicable taxes; (d) any breach of the Vendor’s representations, warranties, or obligations under these Terms; or (e) the Vendor’s violation of any applicable law.
A Vendor may cancel their Subscription at any time through the Platform’s account management settings or by contacting Earthnique. Upon cancellation, the Vendor’s access to the Platform will continue until the end of the current paid billing period, after which the account will be deactivated. Earthnique does not issue refunds for any prepaid Subscription Fees, whether for monthly or annual plans, in whole or in part. All Subscription Fees paid to Earthnique are non-refundable, except where required by applicable law.
Browsing product Listings and submitting Order Requests on the Platform is free of charge for Customers. Earthnique does not charge Customers any fees for use of the Platform.
When you submit an Order Request through the Platform, that request is forwarded to the relevant Vendor. Your Order Request does not constitute a binding purchase agreement with Earthnique, does not create any obligation on the part of Earthnique, and does not result in any payment being collected by or through Earthnique. A binding transaction, if any, arises solely between you and the Vendor through direct off-platform communication and agreement.
All prices displayed in Listings are set solely by the applicable Vendor. Earthnique does not set, verify, or guarantee the accuracy of any price displayed on the Platform. Prices are subject to change by the Vendor at any time without notice to Earthnique. Customers should confirm pricing directly with the Vendor before agreeing to any transaction.
All payments for products or services must be arranged directly and exclusively with the Vendor, off-platform, through the Vendor’s own payment systems. Customers must not submit, share, or enter any payment card information, banking details, or other financial data anywhere on the Platform. Earthnique does not collect payment information and cannot be held responsible for any financial information you share with Vendors or third parties.
Customers are strongly encouraged to exercise their own due diligence before entering into any Off-Platform Transaction with a Vendor. This may include reviewing the Vendor’s product information, verifying the Vendor’s credentials, and confirming payment and delivery terms directly with the Vendor prior to any financial commitment.
Earthnique is not responsible, and expressly disclaims all liability, for: payment disputes between Customers and Vendors; failed, fraudulent, or disputed financial transactions; product quality, defects, or non-conformity; late, incomplete, or failed delivery; or any failure by a Vendor to provide refunds or resolve complaints. All such matters are exclusively between the Customer and the Vendor.
Any dispute, claim, or controversy arising between a Customer and a Vendor in connection with a product, service, Order Request, or Off-Platform Transaction is solely a matter between those parties. Earthnique may, at its sole discretion, take administrative action against a Vendor’s account upon receiving credible evidence of misconduct, but Earthnique is under no obligation to mediate, arbitrate, or otherwise resolve any such dispute.
You agree that you will not, and will not attempt to, engage in any of the following activities while using the Platform:
Providing false, inaccurate, or misleading information in connection with your account, any Listing, or any Order Request; impersonating any person or entity; or misrepresenting your affiliation with any person or organization.
Scraping, crawling, data mining, or using any automated means to extract, collect, or harvest data, content, or information from the Platform without Earthnique’s prior written authorization.
Uploading, transmitting, or distributing any virus, malware, spyware, ransomware, or any other malicious or disruptive code or software that may harm, disable, or interfere with the Platform or the systems of other Users.
Using the Platform for any unlawful purpose, including the purchase or sale of illegal goods or substances, money laundering, fraud, tax evasion, or any other activity that violates applicable federal, provincial, or local law.
Harassing, threatening, intimidating, defaming, or otherwise abusing any other User of the Platform or any employee, officer, or agent of Earthnique.
Any commercial actor who discovers a Vendor through the Platform and thereafter solicits, contacts, or attempts to engage that Vendor for commercial purposes while deliberately circumventing the Platform (for example, to avoid Subscription obligations) is in breach of these Terms. This prohibition applies to commercial actors and does not restrict ordinary Customer purchases made off-platform in good faith following an Order Request.
Taking any action that imposes an unreasonable or disproportionate load on the Platform’s infrastructure; interfering with or disrupting the integrity or performance of the Platform; or attempting to gain unauthorized access to any account, system, or network associated with Earthnique.
The Platform and all of its content, features, and functionality — including but not limited to the Earthnique name, logo, trademarks, trade dress, software, source code, design elements, text, graphics, and compilations — are owned by Earthnique Inc. or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws of Canada and applicable international conventions. All rights not expressly granted herein are reserved.
By submitting, uploading, or posting any Listing, Content, or other material to the Platform, each Vendor grants Earthnique a non-exclusive, royalty-free, worldwide, sublicensable, and transferable licence to use, reproduce, display, distribute, modify (for formatting purposes only), and promote that Content solely in connection with operating, marketing, and improving the Platform and Earthnique’s services. This licence continues for the duration of the Vendor’s Subscription and terminates upon removal of the relevant Content, except that Earthnique may retain cached or archived copies as required for operational or legal purposes.
By submitting any Content to the Platform (including reviews, inquiries, or other material), each Customer grants Earthnique a limited, non-exclusive, royalty-free licence to use, reproduce, and display that Content solely for the purpose of operating the Platform.
You may not reverse engineer, decompile, disassemble, copy, reproduce, republish, download, scrape, display, post, transmit, or distribute any part of the Platform or its Content in any form or by any means without Earthnique’s prior written consent, except as expressly permitted by applicable law.
Each User who submits Content to the Platform represents and warrants that they own or have the necessary rights and licences to grant the licences described in this Section 8, and that the submitted Content does not infringe any third-party intellectual property rights, privacy rights, or any applicable law.
THE PLATFORM AND ALL SERVICES PROVIDED BY EARTHNIQUE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. Earthnique does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
Earthnique expressly disclaims all liability for: the conduct or representations of any Vendor; the quality, safety, legality, or suitability of any product or service listed on the Platform; any Off-Platform Transaction or the outcome thereof; any payment dispute, fraudulent charge, or financial loss arising from a transaction between a Customer and a Vendor; and any failure by a Vendor to fulfill an Order Request.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARTHNIQUE’S TOTAL CUMULATIVE LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE PLATFORM — WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00); OR (B) THE TOTAL AMOUNTS PAID BY THAT USER TO EARTHNIQUE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EARTHNIQUE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF EARTHNIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms is intended to exclude, restrict, or modify any rights, guarantees, warranties, or remedies to which a User may be entitled under the Business Practices and Consumer Protection Act (British Columbia) or any other applicable mandatory consumer protection legislation that cannot be lawfully excluded or limited. To the extent that any provision of these Terms conflicts with such mandatory rights, the mandatory legal provisions shall prevail to the extent of the conflict.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Earthnique Inc. and its officers, directors, shareholders, employees, agents, successors, and assigns (collectively, the “Earthnique Parties”) from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:
Earthnique reserves the right, at its own expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Earthnique in asserting any available defences. You shall not settle any claim subject to indemnification under this Section without Earthnique’s prior written consent.
Earthnique is responsible for collecting and remitting applicable taxes (including GST/HST where required) on Vendor Subscription Fees paid to Earthnique, in accordance with applicable Canadian tax law.
Earthnique does not collect, withhold, or remit any taxes in connection with Vendor product sales or Off-Platform Transactions. Each Vendor is solely and exclusively responsible for: determining the tax obligations applicable to their product sales in every relevant jurisdiction; collecting applicable taxes (including GST/HST, PST, QST, VAT, and any other applicable levy) from their Customers; filing all required tax returns and reports; and remitting all collected taxes to the appropriate governmental authority. Failure to comply with applicable tax obligations is the sole liability of the Vendor. Earthnique makes no representations regarding any Vendor’s tax obligations.
Nothing in these Terms constitutes tax, legal, or financial advice. Vendors are encouraged to seek independent professional tax advice regarding their obligations.
Your privacy is important to Earthnique. The collection, use, storage, and disclosure of personal information in connection with your use of the Platform is governed by Earthnique’s Privacy Policy, which is incorporated herein by reference and forms part of these Terms. By using the Platform, you acknowledge that you have read and agree to the Privacy Policy. In the event of any conflict between the Privacy Policy and these Terms on a matter of personal information, the Privacy Policy shall govern.
As noted throughout these Terms, Earthnique does not collect, process, store, or transmit any Customer payment card data, banking information, or other financial account details. Customers are reminded never to submit such information through the Platform.
The Platform may contain hyperlinks to websites, applications, or other services operated by third parties. These links are provided for informational convenience only. Earthnique does not control, endorse, or accept responsibility for the content, privacy practices, or availability of any third-party website or service. Access to any third-party site is at your sole risk.
The Platform may integrate with or reference third-party tools or services (such as mapping, logistics, or communication tools). Earthnique does not warrant the accuracy, reliability, or security of any third-party service and is not responsible for any loss or harm arising from your use of such services. Your use of any third-party service is subject to that service provider’s own terms and privacy policy.
Earthnique reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate any User’s access to all or any part of the Platform at any time and for any reason, with or without notice, including but not limited to: breach of these Terms; fraudulent or illegal activity; non-payment of Subscription Fees; conduct that Earthnique determines, in its sole judgment, to be harmful to other Users, third parties, or the Platform.
A User may close their account at any time by following the account deactivation procedure available within the Platform settings or by contacting Earthnique in writing. Voluntary account closure does not entitle the User to any refund of prepaid fees.
Upon termination of a Vendor’s account — whether initiated by the Vendor or by Earthnique — any active Subscription will be cancelled, and the Vendor’s Listings will be removed from the Platform. Earthnique will not refund any prepaid Subscription Fees, whether for monthly or annual plans, upon termination, except where required by applicable law.
If Earthnique terminates a Vendor account without cause, Earthnique’s sole obligation shall be to provide a pro-rated refund of any unused prepaid Subscription period, at Earthnique’s discretion.
The following provisions shall survive the termination or expiry of these Terms for any reason: Sections 2 (Definitions), 8 (Intellectual Property), 9 (Disclaimers and Limitation of Liability), 10 (Indemnification), 11 (Taxes), 15 (Governing Law and Dispute Resolution), and 16 (General Provisions), as well as any provisions that by their nature are intended to survive termination.
These Terms and all matters arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflict of laws principles that would result in the application of the laws of another jurisdiction.
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform (each, a “Dispute”), the parties shall first attempt to resolve the Dispute through good-faith negotiation. Either party may initiate this process by sending written notice to the other describing the Dispute in reasonable detail. The parties shall have thirty (30) days from the date of such notice to attempt to resolve the Dispute informally.
If the parties are unable to resolve a Dispute through negotiation within the thirty (30) day period described in Section 15.2, the Dispute shall be finally and exclusively resolved by binding arbitration conducted in the Province of British Columbia, Canada, in accordance with the applicable arbitration rules of the British Columbia International Commercial Arbitration Centre (BCICAC) or such other arbitration body as the parties mutually agree upon in writing. The arbitration shall be conducted in English. The arbitrator’s decision shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights or confidential information pending arbitration.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST EARTHNIQUE. If this waiver is found to be unenforceable with respect to a particular claim, that claim shall be severed from the arbitration and brought in a court of competent jurisdiction in British Columbia, while all remaining claims shall proceed in arbitration.
These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Earthnique with respect to your use of the Platform, and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and communications — whether oral or written — relating to the subject matter hereof.
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
No failure or delay by Earthnique in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or any other provision.
You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms — whether by operation of law or otherwise — without Earthnique’s prior written consent. Any purported assignment in violation of this provision shall be null and void. Earthnique may freely assign these Terms or any of its rights or obligations hereunder without restriction.
Earthnique shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Earthnique’s reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, telecommunications failure, power failure, or third-party service provider failures. In such circumstances, Earthnique’s obligations shall be suspended for the duration of the force majeure event, and Earthnique shall use commercially reasonable efforts to resume normal operations as soon as practicable.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and Earthnique. You and Earthnique are independent parties.
The parties have agreed that these Terms and all related documents be drafted in the English language. Les parties ont convenu que les présentes modalités et tous les documents connexes soient rédigés en langue anglaise.
If you have any questions, concerns, or notices regarding these Terms, please contact Earthnique at:
Earthnique Inc.
Legal & Compliance Department
British Columbia, Canada
Email: legal@earthnique.com
© 2026 Earthnique Inc. All rights reserved. | Last Updated: September 18, 2026 | legal@earthnique.com
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
