"Livingethnic" means Santi Group LLC.
"Publish Coupon " or "PC" or Offer or Coupon or Notification is a request you submit to Livingethnic to create an Offer for inclusion in a Program.
"Livingethnic Site" means, collectively, the Livingethnic website (www.livingethnic.com) and other distribution channels owned, controlled or operated by Livingethnic or e-mails, mobile applications or other types of electronic offerings.
You will have to be registered with a retailer account on our site in order to use certain retailer services. You will be using one of your social accounts (Facebook, Google etc. ) to register with LivingEthnic. Your Retailer Account will facilitate your use of various Livingethnic services and will allow you to provide and receive current and accurate, contact and other information pertaining to your relationship with us. You will have to be approved by livingethnic before you can start using the Livingethnic’s services. You may use your Retailer Account to submit a request to launch a new Offer and suspend or stop a particular Active Offer. Within the coupon details section of your Retailer Account, you may also submit coupon redemption data for your Offers. You may also review analytics and statistics for your Offers. For detailed list of services please visit our product/service link on livingethnic.com.
You are responsible for maintaining security of you Retailer account and its credentials. You should use 2 factor authentication to protect your Retailer Account. You should use either your google or facebook account that is setup with 2 step verification to access our site. You agree to immediately notify Livingethnic of any unauthorized use of your password or Retailer Account or any other breach of security related to the Livingethnic Site. Livingethnic is not and will not be liable for any loss or damage arising from your failure to manage your Retailer Account, including without limitation to regularly review the accuracy of your Offers and other information created on your behalf by authorized Livingethnic personnel. When using your Retailer Account and the Livingethnic Site directly, or indirectly, to submit and manage coupons, you accept and comply with certain terms and conditions and privacy policies at http://livingethnic.com/privacy.php applicable to retailers. If you subcontract or delegate to Third Party Retailers with respect to using any of livingethnic services, you will remain solely responsible and liable for all your obligations, including financial obligations, under these Terms and all acts and omissions of your Third Party Retailers. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms. If you are accepting these Terms on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind your entity, please ensure that only an authorized person from your organization consents to, and accepts, these Terms.
As a retailer using a PC(“Publish Coupon) through your retailer account, you shall define the conditions of, and may supply the content and images to describe and illustrate, your Offer and its terms, by completing and submitting, or authorizing an agent to complete and submit. Submission of a PC does not obligate Livingethnic to accept the PC or any of its contents nor to promote the Offer, and is not binding on Livingethnic until Livingethnic actually approves and promotes the Offer on the Livingethnic Site. At the point Livingethnic begins to promote your Offer to the public, the Offer becomes an "Active Offer" during such Sales Period(s) unless Livingethnic earlier terminates the Offer for any or no reason. You are responsible and liable for all Offer content and terms, and for Livingethnic's or any purchaser's use or reliance on any of the foregoing. In creating your Offer, you may not: (a) offer to sell any goods or services on terms or in a manner that is prohibited by law from being offered or advertised; (b) include any content that violates or infringes in any way upon the rights of others; or (c) include any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Law.
If Livingethnic accepts your PC, Livingethnic may promote the Offer using any method and through any medium that Livingethnic deems appropriate in its sole discretion, including through e-mail, mobile applications and any other type of electronic interface or distribution channel owned, affiliated, controlled or operated by or through Livingethnic. Livingethnic further reserves the right, but has no obligation, to promote the Offer through its affiliates and third party business partners from time to time. If you indicate specific limits or maximums with respect to the number or type of coupons that may be offered through an Offer in the PC, Livingethnic will use all commercially reasonable efforts to stop promoting your Offer accordingly.
You acknowledge that you are the exclusive seller of your Offer and the issuer of the coupons. You are also responsible and liable for: (a) the decision to make your Offer available through the Livingethnic services; (b) fulfilling your Offer with respect to all coupon holders; and (c) supplying all goods and/or services specified in the Offer.
Once Livingethnic has received appropriate payment from a purchaser, Livingethnic will authorize for use, and make a coupon available to, the purchaser of your offer. Purchasers, or their authorized transferees, may then redeem the Offer by presenting their Coupons to you as through their mobile devices, or any other media that Livingethnic has adopted for coupon redemption.
You shall comply with your obligations specified in these Terms, the PC and other obligations regarding the use of your Retailer Account. In addition, when redeeming coupons, you shall: honor the coupons during the time period specified on, pursuant to the terms of, your Offer, and as required under applicable law(s); handle all customer service in connection with the redemption and use of the coupons; honor any coupon presented by an individual, even if that individual was not the purchaser, unless otherwise specified in the Fine Print (as defined below) or otherwise stated prominently on the face of the coupon or, you reasonably believe that individual obtained the coupon in an unauthorized or illegal manner, in which case you shall immediately contact Livingethnic and explain the circumstances; and comply with the terms and conditions stated on the coupon without modification and without imposing any restrictions or additional charges or penalties that are not expressly stated on the coupon. You shall specify all generally applicable policies (e.g., cancellation policies that apply to all customers), restrictions and contractual arrangements (e.g., liability waivers required for all customers) applicable to the Offer ("Fine Print") in the PC, and Livingethnic shall have no liability for the nature of your Fine Print or your failure to specify appropriate Fine Print.
You hereby grant Livingethnic a non-exclusive, worldwide, transferable, irrevocable, perpetual and sub-licensable license to use, copy, distribute, display and perform any trademarks, photographs, graphics, artwork, videos, sound clips, text, and other content or materials that you provide to Livingethnic in your Retailer Account or otherwise use to describe your Offer ("your Content") in any and all media or formats in connection with Livingethnic’s fulfillment of its rights and obligations under these Terms, including the promotion of Offers and distribution of coupons.
You must not misuse our services. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through our services. Breaching this provision would constitute a criminal offense and livingethnic will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our services or to your downloading of any material posted on it, or on any third party services linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or through our services remains the property of livingethnic or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by livingethnic and its licensors. You may not store, print and display the content supplied solely for any of your use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our services nor may you use any such content in connection with any business or commercial enterprise.
You acknowledge that Livingethnic owns all data collected by, or on behalf of, Livingethnic pursuant to these Terms, including all information and data of individuals who may or do purchase or download coupons ("Customer Data"). Subject to applicable Laws and in accordance with Livingethnic’s policies and procedures, Livingethnic shall not provide you with access to Customer Data. Except to the extent required by Laws or otherwise authorized in writing by Livingethnic, you may not use Customer Data for any purpose other than to redeem the coupons and service the Offer. You shall, and shall ensure that any Third Party Retailers you may work with, take commercially reasonable efforts to protect the security of Customer Data and comply with all Laws (and Livingethnic’s policies and procedures) relating to the processing of any Customer Data. If you become aware of, or suspect, any unauthorized access to or use of Customer Data, you shall immediately notify Livingethnic, and shall cooperate with Livingethnic in the investigation of such breach and the mitigation of any damages. You shall bear all resulting costs and expenses incurred by Livingethnic to comply with applicable Laws (including without limitation any data breach Laws). Upon termination or expiration of this Agreement, you shall, as directed by Livingethnic, destroy or return to Livingethnic all the Customer Data in your or your Third Party Retailers possession.
These Terms of Sale were last updated on December 10, 2016.
By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
In order to contract with livingethnic you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Livingethnic retains the right to refuse any request made by you. If your order is accepted we will inform you by email or show you’re a confirmation message on our website and we will confirm the identity of the party which you have contracted with. This will usually be livingethnic or may in some cases be a third party. Where a contract is made with a third party livingethnic is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the services. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail or a message on our website confirming receipt of your order: this email or message will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail through our payment vendor.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the services you wish to purchase. Once you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of services you have purchased as listed in the confirmation email.
Livingethnic may terminate these Terms and suspend your access to the Retailer Account with one day advance written notice for convenience, or immediately for cause if: you violate your redemption obligations with respect to any Offer made by you through Livingethnic’s programs and services; you fail to redeem or cause the redemption of any coupon to fail for any reason, including but not limited to the sale or dissolution of your business, a violation of or a higher than expected number of purchasers, you violate any of the material terms of these Terms or any other agreement you have with Livingethnic, or or otherwise misuse, repeatedly abuse Program guidelines or Livingethnic standards that have been communicated to you in advance., or in any way engage in conduct, which in Livingethnic’s sole discretion, is unfair, misleading, deceptive or otherwise in bad faith, and without regard to whether such conduct is actually adverse to the interests of Livingethnic or any Livingethnic customer. Neither the expiration nor termination of these Terms, nor your suspension or cancellation of any Offer shall in any way affect the rights of any holder of a valid coupon, Livingethnic's obligation to pay you for validly redeemed coupons, or modify or eliminate your obligation to redeem any valid coupon pursuant to its terms. All Terms and any sections of these Terms that are logically intended and required to survive expiration or termination of these Terms to achieve their intent, shall survive without limitation.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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.”
The material displayed on our any of our services is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law livingethnic and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect livingethnic's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with livingethnic and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to livingethnic.
You agree to indemnify, defend and hold harmless livingethnic, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
livingethnic shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and livingethnic Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a CEO of livingethnic.