Date of Last Revision: 21.Nov.2018
ethnicSense is a platform that allows its users (Sellers, Buyers and Affiliates) to use its web and mobile services to perform financial transactions of sale, rental, and purchase of ethnic goods. Registering with ethnicSense and use of any of its services to conduct business carries the obligation of abiding by the Terms and Conditions listed below.
These Terms & Conditions (T&Cs) contain important information regarding your Rights, Obligations and Arbitration Rules. The Terms and Conditions listed below govern all users of the site. In addition, there are specific rules that govern Sellers and Buyers separately, which may be found at the bottom of the page.
Modification of T&Cs: ethnicSense ("We”, "Us”, "Our”) reserves the right to modify the T&Cs at any time at its sole discretion. This implicitly includes the right to add, delete, modify or suspend any services or offerings. These changes will be effective immediately, and where applicable, effective retroactively. The date of the last modification will be posted on top of the page. It is your responsibility to check periodically for updates. We will do our best to intimate all our Users of any changes that significantly impact the nature of business we do but are not under obligation to do so. Your continued use of the platform indicates acceptance of any such changes.
Who may Use: ethnicSense may only be used by individuals above the legal age of majority who are legally capable of entering into this contract. In addition, we reserve the right to activate, deactivate, suspend, terminate any user at our sole discretion without any explanation. Thought not limited to, reasons may include, misrepresentation of information, fraud, inappropriate content, abuse, and not conducting your business at the standards that the platform expects of its users. In addition, no users in regions that are under an embargo by the US government are allowed to conduct business on this platform. Use of this platform implicitly indicates agreement to this legally binding contract.
User Obligations: ethnicSense supports two types of active Users. Sellersare users who have ethnic products to sell or rent out. Buyers are users that purchase or rent from Sellers. These T&Cs are applicable to the all the Sellers and Buyers.
When you register with ethnicSense, you are automatically registered as both a Seller and a Buyer. However, you may choose to perform only one of these two functions. Important and specific rules governing each of the User types are listed separately at the end of this page and the general Terms and Conditions is inclusive of these. Please review the user-specific T&Cs since they govern details on shipping, fees, content and limits on your expectations from us.
Third Party Services: ethnicSense is integrated with other social media sites like Facebook, Instagram to which content may be posted via the platform. This integration allows more personalized experiences and the ability to use your own social profiles to improve your reach. This is made possible by the standard exchange of data between ethnicSense and such Third-Party Services. Please note that these Third-Parties are governed by their own policies. Please note that some ethnicSense users may post links to third party sites as part of their service offering. We neither endorse nor have any control over the third party and it is the user’s responsibility to ensure cautious behavior.
Intellectual Property: You may not download, derive, copy, modify, scrape or engage in any attempt to use any part of the platform or its contents within for practices that may be classified as violation of the intellectual property rights of the platform, users of the platform or owners of the said content. Unless explicitly authorized by ethnicSense, other practices of data mining, data transfer reverse engineering, hacking, attempt to derive source code of the platform are strictly prohibited.
You acknowledge that the user-created content within the platform may be protected by intellectual property rights of the specific content. Users are solely responsible for the content that they post in their listings and exchanges within the platform. By using the platform, you acknowledge that ethnicSense and all its employees, board and management are indemnified against any disputes arising from violation of the property rights of the content.
ethnicSense claims no exclusive rights to the property or the content on the platform posted by its Users, but user-generated content may be used for the purpose of advertising and marketing of the platform and its services. Any listings on the platform do not construe an endorsement by us for the use of the product/designer/brand.
Data & Security: By the use of this platform, you acknowledge that we will be gathering and storing information regarding you (profile data), the products that you list, including images and description and other financial details (like Bank Account, Paypal, and other payment processors) information. The gathering and storage of this information is necessary for the services offered by the us.
You acknowledge that you are responsible for the maintenance of your account settings (login and password details) securely. All activities that occur within any account are the sole responsibility of the owner of the account. ethnicSense will not be liable for any loss/damage arising from failure to comply. Should you suspect any unauthorized use, you agree to intimate ethnicSense immediately in writing.
All user-to-user and platform-to-user communication on ethnicSense are done electronically and will/must satisfy any legal requirement that such communications be in writing. Such communication may include marketing and promotional content to improvement your experience in getting the best out of the platform.
Credit Card Transactions:ethnicSense uses Paypal and other payment processors for management of payments, and therefore does not store any Buyer credit card information on file. The actual payments will be conducted on the portals managed by the payment processor and is therefore outside the control of the ethnicSense platform.
While registration with payment processors is not mandatory, it is usually free. If registered with the third-party payment processors (like Paypal) your credit card and bank details maybe stored on file. This is outside the remit of ethnicSense. Most payment processors charge a transaction fee at either an absolute or % value of the transaction. Please do read the additional Seller and Customer rules at the end this page to understand if these fees will affect you.
We will not charge your card unless you purchase (either buy or rent) from our platform. By engaging in this transaction, you authorize us to charge your credit card through our payment processors.
Indemnity and Release: You agree to release, indemnify ethnicSense and its affiliates, their employees, directors & agents (collectively, "Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
User-Specific Terms and Conditions: The Terms and Conditions listed above, extend to and include user-specific Terms & Conditions listed in this section. You acknowledge that by using the ethnicSense platform, you enter into a legally binding contract that includes the user-specific T&Cs listed in this section:
If you are a Seller, these additional Seller Terms and Conditions apply to you.
If you are a Buyer, these additional Buyer Terms and Conditions apply to you.