A warm welcome to ethniv.com a site provided by ethniv Inc. This Agreement applies to all of the websites where it is posted (collectively “ethniv Sites”). By using our ethniv Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the ethniv Sites and may be found at the place where the relevant service is offered. We may change the terms of this Agreement from time to time. By continuing to use any of our sites after we post any such changes, you accept the Agreement, as modified.
2. USE OF THE ETHNIV WEB SITES
You certify that the information you provide is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify ethniv immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the ethniv sites, or any portion of the ethniv Sites, at any time without notice. ethniv and its affiliates have no liability to you for content on the ethniv Sites that you find offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, and computer games are labeled with age restrictions and may be intended for mature audiences only. By ordering an age restricted item, you certify that you satisfy the age restrictions. We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the ethniv Sites only with involvement of a parent or guardian. Individuals may use the ethniv Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
3. CONTENT SUBMISSION
ethniv allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the ethniv Sites (“Content”). Content should be written in English or in the language of the relevant ethniv site you are referring to By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
A. License Grant for Submitted Content
If you make any submission to the ethniv Sites, you automatically grant, or warrant that the owner of such content has expressly granted ethniv a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. ethniv may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. ethniv is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant ethniv the right to use the name that you submit in connection with any Content.
B. Prohibited Content
You represent and warrant that you will not submit the following Content:
Although ethniv cannot monitor all Content, you understand that ethniv shall have the right, but not the obligation, to monitor the Content of the ethniv Sites to determine compliance with this Agreement and any other operating rules that may be established by ethniv from time to time. ethniv shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the ethniv Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Ethniv and its affiliates for all claims resulting from any Content you submit.
4. THIRD PARTY SITES
References on ethniv Sites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. ethniv is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a ethniv Site is at your own risk and will be governed by such third party's terms and policies.
5. ORDER ACCEPTANCES AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. ethniv may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card; and (ii) orders paid using the in-store “Cash” payment method in stores where this is offered.
ethniv reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. ethniv also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from ethniv for the purpose of engaging in a commercial sale of that same product(s) with a third party.
6. PRICING INFORMATION
ethniv cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the ethniv Sites or through ethniv Marketplace retailers. ethniv reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from ethniv. ethniv may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the ethniv Sites or from prices available in retailer stores or on ethniv nmobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
7. PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. SHIPPING AND DELIVERY
Delivery of items purchased from the ethniv Sites to some local and International addresses is limited. Some items also have restricted delivery within some countries. Some items are available for pick up at physical store locations. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
9. Premium Membership
A. Subscription Cancellation
You are eligible for a full refund if you have not placed any Premium Membership eligible orders through your ethniv.com account tied to the Premium Membership subscription. You also are eligible for a full refund if you contact Customer Care within three (3) business days of the start date of your Premium Membership subscription, regardless of use. You cannot receive a refund if you cancel more than three (3) business days after the start of your subscription and you have placed a Premium Membersship eligible order. In this case, Customer Care will remove your account from Auto Renew to ensure you are not charged for an additional year and you can continue to use the subscription until the end of your subscription term. You may cancel your Premium Membership subscription by calling ethniv Customer Care at 1-876-669-1371
B. Auto - Renewal
FOLLOWING THE TERM OF YOUR SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL ONE YEAR TERM UNLESS YOU NOTIFY ethniv OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE SUBSCRIPTION CANCELLATION PROCESS DESCRIBED IN SECTION A, ABOVE. ethniv WILL SEND YOU NOTICE OF YOUR AUTO-RENEWAL DATE BY WHICH YOU CAN CANCEL THE AUTO-RENEWAL OF YOUR SUBSCRIPTION. AUTO-RENEWAL CAN ALSO BE MANAGED IN YOUR MY ACCOUNT ON ethniv.COM.
C. PREMIUM MEMBERSHIP Benefits and Eligible Purchases
ethniv PREMIUM MEMBERSHIP benefits are dependent upon inventory availability, order cutoff times and in some cases, the shipping address. PREMIUM MEMBERSHIP eligible orders are limited to certain products. Products sold and fulfilled by third parties on the ethniv.COM website, including ethniv Voices and ethniv Fresh Foods Marketplace may NOT be eligible for PREMIUM MEMBERSHIPs. We may also exclude products with special shipping characteristics at our discretion. The PREMIUM MEMBERSHIP FAQ pages provide information about eligible items, shipping cost, shipping speed and shipping destinations.
D. Other Limitations
E. Fees and Renewal
The annual subscription fee for PREMIUM MEMBERSHIPis stated in the PREMIUM MEMBERSHIP section of our FAQ pages. From time to time, we may offer different subscription terms and the fees for such subscription may vary. The PREMIUMMEMBERSHIP subscription fee is non-refundable except as expressly set forth in these Terms. Sales, excise or other similar taxes may apply to the PREMIUM MEMBERSHIP subscription fee.
All credit cards and debit cards, or the ethniv Gift Card and ETHNIV Credit Card can be used to pay for your PREMIUM MEMBERSHIP subscription.
If all credit or debit cards we have on file for you are declined for payment of your subscription fee, you must provide us a new card promptly or your subscription will be canceled. If you provide us with a new card and are successfully charged, your new subscription period will be based on the original renewal date and not the date of the successful charge.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR PREMIUM MEMBERSHIPSUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY CREDIT OR DEBIT CARD WE HAVE ON RECORD FOR YOU.
F. Agreement Changes
We may at our discretion change these PREMIUM MEMBERSHIP Terms, or any aspect of PREMIUM MEMBERSHIP subscription that is not material, without notice to you. You will be provided with notice of any material changes to the PREMIUM MEMBERSHIPTerms and you will be given the opportunity to cancel your subscription prior to the time any material changes are effective with respect to your subscription. If any change to these PREMIUM MEMBERSHIP Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THESE PREMIUM MEMBERSHIP TERMS CONSTITUTES YOUR ACCEPTANCE OF THESE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
G. Termination by Us
We may terminate your PREMIUM MEMBERSHIPsubscription at our discretion without notice. If we do so, we will give you a full refund. However, we will not give any refund for termination related to conduct that we determine, at our discretion, violates these PREMIUM MEMBERSHIP Terms or any applicable law, involves fraud or misuse of the PREMIUM MEMBERSHIP subscription or is harmful to our interests or another user.
H. Limitation of Liability
10. INFORMATION PROVIDED ON THE ETHNIV SITES
ethniv and our customers post a variety of material on the ethniv Sites including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”). The Materials that appear on the ethniv Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the ethniv Sites, you should confirm any facts that are important to your decision. ethniv and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the ethniv Sites. ethniv is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the ethniv Sites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
ethniv, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE WALMART SITES.
11. GIFT CARDS
The risk of loss and title to such gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. For full terms and conditions related to gift cards, please see GIFT CARDS.
12. EXPORT POLICY
You acknowledge that some goods licensed or sold on the ethniv Sites are subject to the customs and export control laws and regulations of the country of the retailer and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the ethniv Sites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no ethniv Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
13. INTELLECTUAL PROPERTY
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Ethniv , one of its affiliates or by third parties who have licensed their materials to ethniv and are protected by U.S, JAMAICAN, INDIAN and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the ethniv Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the ethniv Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the ethniv Sites or any related software. All software used on the ethniv Sites is the property of ethniv or its suppliers and protected by U.S. and international copyright laws. The IP and software on the ethniv Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the ethniv Sites is the exclusive property of ethniv and is also protected by U.S. and international copyright laws. ethniv ,ethniv.COM the ethniv names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the ethniv Sites are trademarks or trade dress of ethniv in the U.S. JAMAICA, INDIA and other countries. All other marks are the property of their respective companies.
14. TERMS APPLICABLE TO ETHNIV MARKETPLACE
15. TERMS APPLICABLE TO ETHNIV ONLINE GROCERY SERVICES
Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Promo Code, you warrant that you are the duly authorized recipient of it.
16. DIGITAL PHOTO CENTER
ethniv claims no ownership rights to the photos, photo files, albums, projects, captions or prints, (collectively defined as "Photos"), that you place in your ethniv Digital Photo Center Account. However, by uploading Photos into your Walmart Digital Photo Center Account, you agree to waive all moral rights to those images. In addition, you grant to ethniv nonexclusive, worldwide, royalty-free license, so we can download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the photos included in your Photo Center Account for the purpose of displaying Photos to the people you select and to fulfill orders.
You understand and agree that any material, including but not limited to Photos and software, downloaded or otherwise obtained through the use of the ethniv Digital Services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result in the download or upload of such material. Your use of the ethniv Digital Photo Service may expose you to Photos you may feel objectionable. You take sole responsibility for such exposure.
We have made significant efforts to accurately display the colors of products that appear on the ethniv Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.
You agree to defend, indemnify, and hold harmless ethniv and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the ethniv Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or ethniv. You may terminate this Agreement at any time, provided that you discontinue any further use of the ethniv Sites. ethniv also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the ethniv Sites, if in ethniv’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ethniv you must promptly destroy all materials downloaded or otherwise obtained from the ethniv Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: " Use of the ethniv Sites," Content Submission, " Order Acceptance and Billing, " " Pricing Information, " " Information Provided on the ethniv Sites, " " Export Policy, " " Intellectual Property, " " Indemnification, " " Termination, " " Disclaimer, " " Limitation of Liability, " " Privacy, " and " General. "
THIS SITE IS PROVIDED BY ETHNIV ON AN “AS IS” AND “AS AVAILABLE” BASIS. ETHNIV MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WALMART SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ethniv SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ethniv DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE ethniv SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE ethniv SITES, THAT YOUR USE OF THE WALMART SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL ETHNIV OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ethniv SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ethniv HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL ethniv BE LIABLE FOR ANY DAMAGES IN EXCESS OF ethniv SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of ethniv to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit ethniv’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the ethniv Sites must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.
24. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the ethniv Sites in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org to report possible copyright infringement.