- OVERVIEW
- PRIVACY POLICY
- LIMITED LICENSE
- SOFTWARE
- ACCOUNTS AND SECURITY
- TERM OF USE
- VIOLATIONS
- INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- PURCHASES AND PAYMENTS
- ENTUMANO ESCROW ACCOUNT
- ENTUMANO REWARD SYSTEM
- ENTUMANO WALLET
- DELIVERY
- CANCELLATION, RETURN AND REFUND
- SELLER'S RESPONSIBILITIES
- PRODUCTS AND SERVICES LISTED
- TRANSACTION FEES AND COMMISSION FEES
- DISPUTES
- FEEDBACK& SUGGESTIONS
- DISCLAIMERS
- LIMITATIONS OF LIABILITY& EXCLUSIONS FROM LIABILITY
- THIRD PARTY LINKS
- YOUR CONTENT CONTRIBUTIONS TO ENTUMANO
- EXTERNAL LINKS& CONTRIBUTIONS
- USERGUARANTIES, WARRANTIES &REPRESENTATIONS
- SUSPICIOUS ACTIVITIES& FRAUDULENT TRANSACTIONS
- INDEMNITY& DAMAGES
- SEVERABILITY PROVISION
- GOVERNING LAW
- GENERAL PROVISIONS
- OVERVIEW
- PRIVACY POLICY
- LIMITED LICENSE
- SOFTWARE
- ACCOUNTS AND SECURITY
- TERM OF USE
- VIOLATIONS
- INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- PURCHASES AND PAYMENTS
- ENTUMANO ESCROW ACCOUNT
- ENTUMANO REWARD SYSTEM
- ENTUMANO WALLET
- DELIVERY
- CANCELLATION, RETURN AND REFUND
- SELLER'S RESPONSIBILITIES
- PRODUCTS AND SERVICES LISTED
- TRANSACTION FEES AND COMMISSION FEES
- DISPUTES
- FEEDBACK& SUGGESTIONS
- DISCLAIMERS
- LIMITATIONS OF LIABILITY& EXCLUSIONS FROM LIABILITY
- THIRD PARTY LINKS
- YOUR CONTENT CONTRIBUTIONS TO ENTUMANO
- EXTERNAL LINKS& CONTRIBUTIONS
- USERGUARANTIES, WARRANTIES &REPRESENTATIONS
- SUSPICIOUS ACTIVITIES& FRAUDULENT TRANSACTIONS
- INDEMNITY& DAMAGES
- SEVERABILITY PROVISION
- GOVERNING LAW
- GENERAL PROVISIONS
Service Term And Conditions
1. Overview
1.1 Before using the platform or opening an Entumano account, it is important to carefully read and understand the Terms and Conditions. These terms outline your legal rights and responsibilities with respect to Entumano, its affiliates and subsidiaries. Services provided include the platform, client software, and all related content such as information, features, data, text, images, music, video, and more. Additionally, any new features added to the Services are also subject to these terms. It is important to follow these Terms and Conditions when using Entumano's services or Services. Entumano Services refer to the platform, the Services it provides and the Services provided by its subsidiaries.
1.2 The Services include an online platform that allows Buyers and Sellers to sell goods. You and others involved in the transaction are responsible for the sales contract, warranty of purchase, and other related matters. Entumano is not involved in the transaction between Users and is not a party to any contract between the Buyer and Seller. Though Entumano may screen Users or their content, it is not guaranteed. Entumano has the right to remove any content posted by you on the Platform in accordance with Section 6.4. Please note that Entumano cannot guarantee that Users will complete a transaction.
1.3 In order to utilize the Platform, it is necessary for you to carefully review and agree to all of the terms and conditions outlined within this Terms and Conditions document, as well as any additional linked policies. Additionally, your consent is required for the processing of your personal information, as outlined in the linked Privacy Policy.
1.4 Entumano has the authority to make changes, adjustments, pauses, or complete discontinuation of the Platform or Services at any time, as required by local laws. It is possible that Entumano may introduce beta versions of certain Servicesor features, which may not function properly or operate in the same way as the final version. In these cases, Entumano cannot be held responsible for any issues that arise. Additionally, Entumano may choose to place limitations on specific features or restrict access to certain parts of the Platform or Services without notice or liability.
1.5 Entumano retains the discretion to decline your access to the Platform or Services, or to prohibit you from creating an Account, without providing a specific reason.
When you register and create an account and/or use the Entumano Services, you are giving your unconditional agreement and approval of the terms outlined in this agreement, which includes any additional terms, policies, and conditions referenced or linked to herein.
If you are underage or have not obtained consent from a parent or legal guardian, please refrain from creating an account or accessing our platform. It is important to ensure that you have permission and understanding of the terms of this agreement before proceeding. If you are a parent or legal guardian of a minor creating an account, you will be responsible for all use of the account and must accept the terms of this agreement on their behalf.
2. PRIVACY POLICY
2.1 At Entumano, we value your privacy greatly. To ensure that your rights are protected, we have created the Entumano.com Privacy Policy. This policy provides detailed information about our privacy practices. Please take the time to carefully review the Privacy Policy to understand how your Account and/or use of the Services (the “User Information”) is collected and used by Entumano. If you decide to use Entumano Services or share information on the Platform, you agree to these terms.
2.1.1. I Agree to allow Entumano to collect, utilize, reveal, and/or handle your Content, personal information, and User Information in the manner outlined in the Privacy Policy.
2.1.2. I completely understand and recognize that both you and Entumano share ownership of the proprietary rights to your User Information; and
2.1.3 I fully comprehend and acknowledge that you and Entumano possess joint ownership of the exclusive rights to your User Information. Therefore, I will safeguard your information and refrain from revealing it to any third party, or granting them access or permission to utilize it, without obtaining Entumano's written authorization beforehand.
2.2.1 Adhere completely to all relevant laws regarding the protection of personal data when dealing with such information
2.2.2. Permit the User whose personal information was collected by the Receiving Party (the "Disclosing Party") to remove their data from the Receiving Party's database.
2.2.3. Enable the Disclosing Party to examine the information that the Receiving Party has gathered about them, in each instance of (i) and (ii) above, in accordance with and as necessary under applicable laws.
3. LIMITED LICENSE
3.1 When you access and use the Services provided by Entumano, you are granted a limited and revocable license, but only under the terms and conditions set forth in the Terms and Conditions. The Intellectual Property displayed in the Platform is owned solely by Entumano or third-party proprietors identified in the Platform, and no right or license to use or reproduce any Intellectual Property is granted to anyone accessing the Platform. By using or accessing the Services, you agree to abide by all applicable laws that protect the Services, the Platform, and its Content, including copyright, trademark, and service mark laws. You also agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services or the Platform's Content, and you may not mirror or frame any part of the Platform's contents on any other server or website without Entumano's prior written consent. Additionally, you agree not to use any automated or manual device to monitor or copy Entumano's Content without prior written consent, except for standard search engine technology used by Internet search websites to direct users to the Platform.
3.2 You are welcome to link to Entumano's Platform from your website, but it should not imply any endorsement or association with Entumano. It's important to note that Entumano may choose to discontinue providing the Services, either partially or entirely, without notice, at its sole discretion.
4. SOFTWARE
If you use any software that Entumano provides as part of your Services, you need to follow the rules outlined in the Terms and Conditions. Entumano owns all rights to the software, except the ones they give you. If there are any third-party scripts or code linked to or referenced from your Services, those scripts or code have their own owners who have licensed them to you, not Entumano.
5. ACCOUNTS AND SECURITY
5.2 You agree to:
5.2.1. Keep your password private and utilize only your own User Name and password.
5.2.2. Make sure to log out of your account when your session on the Platform is over.
5.2.3. Alert Entumano immediately if there is any unauthorized usage of your Account, User Name, and/or password.
5.2.4. Be sure that your Account information is precise and current. You are solely responsible for all actions taken under your User Name and Account, regardless of whether or not you were the one who performed them. Entumano cannot be held responsible for any harm or loss resulting from any unapproved password use or your inability to adhere to this Section.
5.3 You acknowledge and accept that Entumano has the authority to terminate your Account and User Name, as well as remove or dispose of any content linked to your Account and User Name from the Platform, cancel any transactions connected to your Account and User Name, retract any subsidies given to you, and temporarily or permanently retain any sales revenue or refunds. This can be done at Entumano's discretion, with or without notice, and without any obligation or accountability to you or any third party. Such measures may be taken for any reason that Entumano deems necessary, including, but not limited to, genuine or suspected wrongdoing.
5.3.1.Extended periods of inactivity.
5.3.2.Actions that violate the terms and conditions of the service, either in their wording or in their intended meaning.
5.3.3.Behavior that is illegal, fraudulent, harassing, defamatory, threatening, or abusive.
5.3.4.Maintaining multiple user accounts.
5.3.5. Purchasing products on the Platform with the intention of reselling them for commercial gain.
5.3.6. Purchasing an abnormal or excessive amount of products from the same Seller or group of related Sellers.
5.3.7. Abusing vouchers, including but not limited to selling vouchers to third parties, selling vouchers or other credits above their face value, and excessively using vouchers on the Platform.
5.3.8. Creating, exploiting, or using unauthorized third-party software or products to operate or supplement the functions available on Entumano.
5.3.9. Engaging in behavior that is harmful to other Users, third parties, or Entumano's business interests.
If your Account is used for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes, Entumano may report it to law enforcement authorities without informing you beforehand. In the event of a legal dispute or law enforcement action related to your Account or use of the Services, Entumano may immediately terminate your Account, with or without notice.
5.4Users have the option to terminate their Account by providing written notice to Entumano, including via email to help@entumano.com. You acknowledge that your Account will be terminated at the earliest 24 hours after the termination request. Despite the termination, Users are responsible for any incomplete transactions, product shipments, payments, or other obligations. After completing all incomplete transactions in accordance with the Terms and Conditions, Users must contact Entumano. Entumano will not be held liable for any damages resulting from actions taken in compliance with this Section, and Users waive any claims against Entumano related to such actions.
5.5You are only allowed to use the Services and create an Account if you are situated in one of our authorized areas, which may be revised periodically.
6. TERM OF USE
6.2 You agree not to:
6.2.1 Upload, post, transmit, or make available any content that is illegal, harmful, threatening, abusive, harassing, alarming, distressing, torturous, defamatory, vulgar, obscene, libelous, invasive of someone else's privacy, hateful, or racially, ethnically, or otherwise objectionable.
6.2.2 Break any laws, including export and import restrictions, third-party rights.
6.2.3 Upload, post, transmit, or make available any content featuring an unsupervised minor or use the Services to harm minors.
6.2.4 Use the Services or upload content to pretend to be someone else or misrepresent your affiliation with a person or entity.
6.2.5 Forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Services.
6.2.6 Remove any proprietary notices from the platform.
6.2.7 Cause, permit, or authorize the modification, creation of derivative works, or translation of the Services without Entumano's express permission.
6.2.8 Use the Services for the benefit of any third party or in any way not allowed by the licenses granted.
6.2.9 Use the Services or upload content in a fraudulent, unconscionable, false, misleading, or deceptive manner.
6.2.10 Open and/or operate multiple user accounts in connection with any conduct that violates the Terms and Conditions.
6.2.11 Access the Entumano platform, open a user account, or otherwise access your user account using any non-official Entumano hardware or software.
6.2.12 Manipulate the price of any item or interfere with other User's listings.
6.2.13 Take any action that may undermine the feedback or ratings systems.
6.2.14 Attempt to decompile, reverse engineer, disassemble, or hack the Services (or any portion thereof) or defeat or overcome any encryption technology or security measures implemented by Entumano with respect to the Services and/or data transmitted, processed, or stored by Entumano.
6.2.15 Harvest or collect any information about or regarding other account holders, including personal data or information.
6.2.16 Upload, email, post, transmit, or otherwise make available any content that you do not have the right to make available under any law or under contractual or fiduciary relationships.
6.2.17 Upload, email, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
6.2.18 Upload, email, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorized form of solicitation.
6.2.19 Upload, email, post, transmit, or otherwise make available any material that contains computer viruses, worms, Trojan-horses, or any other computer code, routines, files, or programs designed to interfere with, manipulate, interrupt, destroy, or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment.
6.2.20 Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real-time exchanges.
6.2.21 Interfere with, manipulate, or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the platform.
6.2.22 Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services.
6.2.23: Use the Services to intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, codes, directives, guidelines, policies, or regulations, including anti-money laundering or counter-terrorism laws and requirements, whether or not they have the force of law.
6.2.24: Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or Her Majesty’s Treasury.
6.2.25: Use the Services to violate the privacy of others or to "stalk" or otherwise harass another person.
6.2.26: Infringe upon the rights of Entumano, including any intellectual property rights or passing off of the same.
6.2.27: Use the Services to collect or store personal data about other users in connection with prohibited conduct and activities listed above.
6.2.28: List items that infringe upon the copyright, trademark, or other intellectual property rights of third parties, or use the Services in a manner that infringes on the intellectual property rights of others.
6.3 You acknowledge and agree that any information, messages, or media files, whether made public or kept private, are the sole responsibility of the person who originally created or provided them. This implies that you are solely responsible, and not Entumano, for any content you share, post, email, or transmit in any way through the Platform. You understand that using the Platform may expose you to content that may be deemed offensive, improper, or unsuitable. Entumano will not be held liable for any content, including inaccuracies or omissions, or any loss or harm incurred from using or depending on any content posted, emailed, transmitted, or otherwise made available on the Platform, to the maximum extent allowed by applicable law.
6.4 You recognize that Entumano and the people designated by them have the authority (although not the requirement) to examine, reject, delete, cease, suspend, erase, or transfer any Content, including any material or information that you post on the Platform, at their own discretion, without any accountability to you. Additionally, Entumano and its designees have the power to remove any Content that they find inappropriate or unsuitable for the Platform.
6.4.1 This means that Entumano has the right to remove any content that violates the terms and conditions of the service or the prohibited and restricted items.
6.4.2 If we get a complaint from another user about certain content on the platform.
6.4.3 If we receive any legal instruction or request to remove content due to intellectual property infringement or any other reason, we have the right to remove the content from the platform, we get a complaint from another user about certain content on the platform; or
6.4.4 If the Content is found to be unpleasant or disagreeable in any way, we may remove it.Entumano has the right to prevent the delivery of any communication (such as messages, chats, postings, or status updates) to or from the Platform if it is necessary to protect the Platform or its users or to enforce the terms and conditions of the service. You accept that you assume all the risks that come with using any Content on the Platform and that you must assess the accuracy, completeness, and usefulness of such Content. You admit that you have not and cannot rely on any Content produced by Entumano or submitted to Entumano, including information posted on Entumano forums and other areas of the Platform, to the extent permitted by relevant laws.
6.5 By accepting, giving consent, and agreeing to the terms, you recognize that Entumano has the right to access, store, and reveal your Account information and Content to any legal, regulatory, or governmental entity, the appropriate rights holder, or other third parties if compelled by law. This includes complying with a court order or lawful request from a government or regulatory authority that has jurisdiction over Entumano. Such access, storage, or disclosure is considered reasonably necessary in cases where there is a genuine belief that it is required.
6.5.1. Adhere to legal procedures;
6.5.2. Uphold the terms and conditions of this service and prohibited and restricted items;
6.5.3. Address claims that any Content infringes upon the rights of third parties, including intellectual property rights;
6.5.4. Respond to your customer service inquiries;
6.5.5. Safeguard the rights, assets, or well-being of Entumano, its users, and/or the general public.
7. VIOLATIONS
Violation of these Terms and Conditions can lead to various consequences, which may include any or all of the following actions:
7.1.1. Removal of listings
7.1.2. Restrictions imposed on Account privileges
7.1.3. Account suspension followed by termination
7.1.4. Initiation of criminal charges
7.1.5. Pursuit of civil actions, including but not limited to claims for damages and/or seeking interim or injunctive relief.
7.2. If you suspect that a user on our platform is breaching these Terms and Conditions, please reach out to help@entumano.com for assistance.
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1. As mentioned earlier, Entumano prohibits listings that infringe upon the intellectual property rights of brands or other intellectual property rights owners ("IP Owners").
8.2. Unless explicitly stated otherwise, the users on our platform are independent individuals or businesses. They have no affiliation with Entumano, and Entumano does not serve as their agent or representative. Additionally, Entumano does not possess or own any of the merchandise listed on the platform.
8.3. If you are an IP Owner or an authorized agent representing an IP Owner ("IP Agent") and you believe that your rights or the rights of your principal have been violated, please inform us by sending an email to help@entumano.com. Include the requested documents to support your claim, and allow us sufficient time to review the provided information. Entumano will respond to your complaint as promptly as possible.
8.4. Complaints related to this section must adhere to the format specified by Entumano, which may be periodically updated. The complaint must include, at a minimum, the following details:
8.4.1. A physical or electronic signature from an IP Owner or IP Agent (collectively referred to as the "Informant").
8.4.2. A description of the specific intellectual property right that is allegedly being infringed, along with supporting evidence of the rights.
8.4.3. A detailed description of the alleged infringement, providing sufficient information for Entumano to assess the complaint.
8.4.4. The URL(s) of the listing(s) that contain the alleged infringement.
8.4.5. Adequate contact information for Entumano to reach the Informant, such as the Informant's physical address, telephone number, and email address.
8.4.6. A statement from the Informant declaring that the complaint is made in good faith and that the use of the identified intellectual property is not authorized by the IP Owner or permitted by law.
8.4.7. A statement from the Informant affirming the accuracy of the information provided in the notification, the Informant's commitment to indemnify Entumano for any resulting damages, and confirmation that the Informant possesses the appropriate rights or is authorized to act on behalf of the IP Owner in all matters related to the complaint.
8.5. Entumano acknowledges that manufacturers have the right to establish exclusive distribution agreements or agreements regarding minimum advertised prices for their products. However, violations of these agreements do not constitute infringement of intellectual property rights. The enforcement of such agreements is a matter to be resolved between the manufacturer and the Sellers involved. Entumano does not engage in activities to enforce these exclusive distribution rights or price-control matters, except in areas where there are specific laws governing selective or exclusive distribution.
8.6. Each individual Seller agrees to release Entumano and its affiliated entities from any liability arising from the removal of any content or product listings in connection with claims of intellectual property infringement. This includes all claims, legal actions, damages, and judgments.
9. PURCHASES AND PAYMENTS
9.1. In each country where Entumano operates, it supports one or more of the following payment methods:
9.1.1. Online bank transfers, PayPal, and e-wallets. Payments made through these methods are processed via third-party payment gateways, and the availability of accepted credit cards, banks, and e-wallets may vary depending on the jurisdiction and payment gateway channels.
9.1.2. Cash on Delivery (COD). Entumano offers COD Services in selected areas, based on the discretion and choice of the Sellers. Buyers can pay in cash directly to the delivery agent upon receiving the purchased item.
9.2. Buyers can only change their preferred payment method for a purchase before making the payment.
9.3. Entumano does not take responsibility or assume liability for any losses or damages incurred by the buyer due to errors in shipping or payment information provided by the buyer, or incorrect remittance by the buyer when making payment for purchased items. We reserve the right to verify the buyer's authorization to use a particular payment method and may suspend the transaction until such authorization is confirmed, or cancel the transaction if confirmation is not available.
9.4. Currently, Entumano can only make payments to users through online bank transfers and e-wallets. Therefore, users are required to provide their banking details and/or e-wallet account information to Entumano in order to receive payments, such as proceeds from item sales or refunds.
10. ENTUMANO ESCROW ACCOUNT
10.1. The Entumano Escrow Account is a service offered by Entumano or its authorized agent to safeguard purchases. To minimize liability risks, payments made by buyers to Sellers using the Services will be held by Entumano or its authorized agent. Sellers will not receive any interest or earnings from the funds deposited into the Entumano Escrow Account.
10.2. Once a buyer makes a payment for their order ("Buyer's Payment"), the funds will be retained in the Entumano Escrow Account until one of the following conditions is met:
10.2.1. The buyer confirms to Entumano that they have received their goods. In such cases, unless specified in section 11, Entumano will release the Buyer's Payment to the Seller, deducting the Commission Fee and Delivery Fee from the Entumano Escrow Account.
10.2.2. The Entumano Escrow Period, as defined below, expires. In such cases, unless specified in sections 11, Entumano will release the Buyer's Payment to the Seller, deducting the Commission Fee and Delivery Fee from the Entumano Escrow Account.
10.2.3. Entumano determines that the buyer's request for a return of goods and/or a refund is valid. In such cases, unless specified in section 11, Entumano will provide a refund to the buyer, following the Returns and Refunds Policy.
10.2.4. Entumano reasonably determines that it is appropriate to distribute the Buyer's Payment, deducting the Commission Fee, on occasions such as complying with applicable laws, court orders, or enforcing the Terms and Conditions. The Entumano Escrow Account only covers transactions conducted through the Platform or payments made through the channels provided by Entumano. Offline arrangements between buyers and Sellers will not be protected under the Entumano Guarantee.
10.3. Payments made through Entumano channels will be held in the Entumano Escrow Account for a specified period called the "Entumano Escrow Period." This period lasts for 48 hours after the third-party delivery company confirms successful delivery to the buyer. The buyer has the option to apply for a return of goods and/or a refund, following the Returns and Refunds Policy. If the buyer applies for a return or refund, the Entumano Escrow Period may be extended for an additional two days, unless Entumano determines, at its sole discretion, that a longer extension is necessary or appropriate.
10.4. In cases where the Seller's bank account cannot be credited or the Seller cannot be contacted, Entumano will make reasonable efforts to contact the Seller using the provided contact details. If the Seller cannot be contacted and the buyer's payment remains unclaimed for more than six months after it becomes due to the Seller, Entumano will handle the unclaimed payment in accordance with applicable laws.
10.5. Sellers and buyers must be the rightful owners of their accounts and conduct transactions on the Platform solely on their own behalf. Entumano may request personal data from Sellers or buyers, such as recent identity photographs, bank account details, or other necessary documentation, for verification purposes. This verification may be required by third-party payment processing and logistic service providers. By using the Platform, Sellers and buyers give their consent to Entumano to use or provide their personal data to third parties to facilitate their use of the Platform. Additionally, Sellers and buyers authorize Entumano to use their personal data to conduct any necessary inquiries to validate their identity, such as contacting their bank. For more information on how Entumano handles personal information, please refer to the Privacy Policy page.
10.6. The Entumano Escrow Account is provided in addition to and without limiting the buyer's and Seller's obligations under applicable law. The Entumano Guarantee does not replace or relieve either party of their legal responsibilities, for which they remain solely accountable. Entumano accepts no liability in connection with the buyer's or Seller's legal obligations. It is important to note that the Entumano Guarantee does not constitute a product warranty.
10.7. Both buyers and Sellers acknowledge and agree that Entumano's decision regarding any matters concerning the Entumano Escrow Account, including any appeals, is final.
10.8. It is clarified that transactions conducted outside of the Platform are not eligible for the protection offered by the Entumano Escrow Account.
11. ENTUMANO REWARD SYSTEM
If you are a User and your Account does not explicitly exclude you, you can participate in the futureEntumano reward system for which procedure shall be included herein prior to effectivity.
12. ENTUMANO WALLET
12.1 In the near future, the Entumano Wallet will include a service Entumano or its authorized agent provides that allows users to store the Entumano native coins they earn from the Entumano native coin Reward System. The balance in your Entumano Wallet will be the total amount of Entumano native coins you have, minus any payments you make on the Platform.
12.2 At a later date, the Entumano Wallet will also be available for storing money received from sales proceeds, refunds, and transfers from your bank account. The sum of this money, after deducting any payments made on the Platform, will be shown as the balance of your Entumano Wallet.
13. DELIVERY
13.1 Entumano will notify the Seller when they receive the Buyer's payment. Unless otherwise agreed, the Seller is responsible for arranging the delivery of the purchased item to the Buyer and providing relevant details such as the delivery company's name and tracking number through the Platform.
13.2 The Seller must make their best effort to ensure that the products are picked up and delivered to the Buyer within the specified time frame determined by the delivery company.
13.3 For deliveries within the Philippines, the Seller can choose the delivery service provided by logistics companies in partnership with Entumano. Entumano acts as an intermediary, connecting the Seller and the Buyer with the chosen logistics service company. The Buyer is responsible for the payment of shipping costs unless the Seller offers free delivery.
13.4 Delivery will be handled by the Seller's designated courier or delivery service provider, not by Entumano. However, if the Buyer has not received the product within the estimated timeframe provided by the courier, Entumano will assist in facilitating reports and complaints from the Buyer. The Buyer should notify Entumano customer service through the Platform, and Entumano will forward the notification to the Seller and/or the relevant courier to find a suitable solution.
13.5 Users understand that the Seller assumes all risks associated with the delivery of the purchased item(s) and must obtain adequate insurance coverage. In cases where the purchased item(s) is damaged, lost, or delivery fails, Entumano will not be held liable for any resulting damages, expenses, costs, or fees. The Seller and/or Buyer should contact the logistics service provider to resolve such disputes.
13.6 For cross-border transactions, if a product listing indicates that the product will be shipped from/to overseas, it means it is sold by a Seller located outside/inside the Philippines. The importation and exportation of such products are subject to local and international laws and regulations. Users should familiarize themselves with the applicable import and export restrictions of the country of origin/destination. Entumano cannot provide legal advice in this matter and is not responsible for any liability or risk of liability associated with the import and export of such products into the Philippines. To clarify, in all delivery Services, Entumano's role is limited to facilitating the Buyer's reports and complaints to the Seller or courier or delivery service provider. If the Buyer fails to give notice within a reasonable period (Entumano Escrow Period, Section 10.3 above), it will be assumed that the Buyer has received the product in accordance with Entumano's policies. Users understand and agree that Entumano is not responsible for any damages, expenses, costs, or fees related to shipping the products. The Seller and/or Buyer will address any complaints with the courier/delivery service provider through Entumano to resolve the issue.
14. CANCELLATION, RETURN AND REFUND
14.1 The Buyer can only cancel their order before making the payment into the Entumano Escrow Account.
14.2 The Buyer can request a return and refund for the purchased item before the Entumano Escrow Period expires, if applicable. This is subject to and in accordance with Entumano's Returns and Refunds Policy. For more details, please refer to Entumano's Returns and Refunds Policy.
14.3 Entumano has the right to cancel any transaction on the Platform for valid legal reasons, such as cases where the Seller and Buyer fail to fulfill their obligations under the sales contract. In such cases, the Buyer's remedy is to receive a refund of the payment made into the Entumano Escrow Account.
14.4 If the Buyer used the Entumano native coin for the transaction and is eligible for a refund according to Entumano's Returns and Refunds Policy, Entumano will refund the actual money paid to the Buyer's online bank or e-wallet account, and the used Entumano coin will be credited back to the Buyer's Entumano Wallet separately. This provision shall apply only when the Entumano native coin reward system is already in effect.
14.5 Entumano does not oversee the cancellation, return, and refund process for offline payments.
15. SELLER'S RESPONSIBILITIES
15.1 The Seller is responsible for maintaining and updating accurate information, including item prices, inventory quantities, and sales terms, on their stores. It is prohibited to post inaccurate or misleading information.
15.2 The Seller has the discretion to set the prices for their items. The price of an item (including the delivery fee in the case of free delivery) should encompass the total amount charged to the Buyer, such as sales tax, value-added tax, tariffs, etc. The Seller cannot charge the Buyer separately for these amounts.
15.3 The Seller acknowledges that Entumano may engage in promotional activities to encourage transactions between the Buyer and Seller, such as reducing fees or offering discounts or refunds. The final price paid by the Buyer will be adjusted accordingly.
15.4 To promote the sales of the Seller's items, Entumano may feature or highlight such items on the Platform's homepage for a fee.
15.5 Upon request, the Seller must provide receipts, credit card slips, or tax invoices to the Buyer.
15.6 The Seller acknowledges their responsibility to pay all applicable taxes, customs, and duties for the sold item. Entumano cannot offer legal or tax advice in this matter. As tax laws and regulations may change, Sellers are advised to seek professional advice if they have any doubts.
15.7 The Seller understands and agrees that violating any of Entumano's policies will result in various consequences as outlined in Section 7.1.
16. PRODUCTS AND SERVICES LISTED
Entumano is A MARKETPLACE PLATFORM for fresh foods (vegetables, fruits, meat, seafood), agriculture and fisheries products, farm and fisheries implements, such as fertilizers, seedlings, tools, equipment and such other materials and machineries which are related to agriculture, including Agricultural Services. Selling of unrelated products and services shall be announced in the future if the same will be allowed.
17. TRANSACTION FEES AND COMMISSION FEES
17.1 Entumano does not charge transaction fees for Sellers based in the Philippines.
17.2 Entumano will apply a Commission Fee to all successful transactions completed by Sellers. The Commission Fee shall be the responsibility of the Seller and it is calculated as 0% for now,of the original listing price of any item, minus any discounts or vouchers sponsored by the Seller. This Commission Fee may be changed anytime on the sole discretion of Entumano. The Commission Fee includes value-added tax, and Entumano will provide Official Receipts for this fee.
17.3 For Sellers located outside of the Philippines, Entumano imposes a Transaction Fee for each successful transaction. The Transaction Fee is borne by the Seller and is calculated as 2% plus VAT of the original listing price of an item, minus any discounts or vouchers sponsored by the Seller. Official Receipts for the Transaction Fee will be issued by Entumano.
17.4 After a transaction is successfully completed, Entumano will deduct the applicable Commission Fee and Transaction Fee (if applicable) from the Buyer's Payment and transfer the remaining balance to the Seller in accordance with Section 10.2.
18. DISPUTES
18.1 If a problem occurs in a transaction, the Buyer and Seller agree to first communicate with each other in an attempt to resolve the dispute through mutual discussions. Entumano will make reasonable efforts to facilitate this process. If the issue cannot be resolved through mutual discussions, Users have the option to approach the claims tribunal in their local jurisdiction to resolve any dispute related to the transaction against the Seller or Buyer.
18.2 Both Buyers and Sellers agree not to bring any legal action or claim against Entumano or its Affiliates (except in cases where Entumano or its Affiliates is the Seller of the product in question) regarding any transaction made on the Platform or any dispute arising from such transaction.
18.3 Users who are covered under the Entumano Escrow Account may submit a written request to Entumano for assistance in resolving issues that may arise from a transaction. Entumano may, at its sole discretion and without any liability to the Seller and Buyer, assist Users in resolving their dispute. For further details, please refer to Entumano's Returns and Refunds Policy.
Please note that the Services provided in this Section 18 are only available to Buyers who are covered under the Entumano Escrow Account. Buyers who use alternative payment methods for their purchases should contact the Seller directly.19. FEEDBACK& SUGGESTIONS
19.1 Entumano appreciates receiving information and feedback from our Users as it helps us enhance the quality of our Services. To provide feedback and suggestions, please follow the procedure outlined below:
19.1.1 Feedback can be submitted in writing via email or by using the messaging tool available in the User profile on the Platform.
19.1.2 Anonymous feedback will not be considered. We require Users to provide their identity when submitting feedback.
19.1.3 Users who are the subject of the feedback should be provided with complete information about the situation and be given the opportunity to present their perspective.
19.1.4 Feedback that is vague or contains defamatory content will not be entertained or taken into account. We expect feedback to be specific and constructive in nature.
20. DISCLAIMERS
20.1 The Services provided by Entumano are offered "as is," without any warranties, claims, or representations made by Entumano, whether expressed, implied, or statutory. This includes, but is not limited to, warranties of quality, performance, non-infringement, Sellerability, or fitness for a particular purpose. Additionally, there are no warranties created by course of dealing, course of performance, or trade usage. Entumano does not guarantee that the Services, this platform, or its functions will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. Furthermore, Entumano does not warrant that any defects, if present, will be corrected, or that the platform and/or the server making it available are free from harmful codes, viruses, worms, or other damaging components.
20.2 You acknowledge that you assume the entire risk associated with the use or performance of the platform and/or the Services to the maximum extent permitted by applicable law.
20.3 Entumano lacks control over, and to the maximum extent permitted by applicable law, does not guarantee or accept responsibility for: (a) the fitness for purpose, existence, quality, safety, or legality of items available through the Services, or (b) the ability of Sellers to sell items or buyers to pay for items. In the event of a dispute involving one or more users, those users agree to resolve the dispute directly between themselves and, to the maximum extent permitted by applicable law, release Entumano and its affiliates from any and all claims, demands, and damages arising from or related to such disputes.
21. LIMITATIONS OF LIABILITY& EXCLUSIONS FROM LIABILITY
21.1 To the maximum extent permitted by applicable law, Entumano shall not be liable for any damages, whether in contract, warranty, tort (including negligence), product liability, strict liability, or any other legal theory, including but not limited to:
21.1.1 Loss of use
21.1.2 Loss of profits
21.1.3 Loss of revenues
21.1.4 Loss of data
21.1.5 Loss of goodwill
21.1.6 Failure to realize anticipated savings
21.1.7 Any indirect, incidental, special, or consequential damages arising from or in connection with the use or inability to use this platform or the Services, even if Entumano has been advised of the possibility of such damages.
21.2 You acknowledge and agree that your only recourse for any problems or dissatisfaction with the Services is to request termination of your account and/or discontinue the use of the Services.
21.3 If, despite the previous sections, Entumano is found liable (including for gross negligence) by a court of competent jurisdiction, then to the maximum extent permitted by applicable law, its liability to you or any third party is limited to the amounts due and payable to you under the Entumano Escrow Account or PHP 5,000.00 (five thousand pesos), whichever is less.
21.4 Nothing in these Terms and Conditions shall limit or exclude any liability for death or personal injury caused by Entumano's negligence, fraud, or any other liability that cannot be lawfully limited or excluded.
22. THIRD PARTY LINKS
The Platform may contain links to third-party websites that allow you to navigate away from the Platform. These links are provided for your convenience, and Entumano has no control over the content or availability of these linked websites. By accessing these links, you do so at your own risk. Entumano assumes no responsibility for the content or any changes or updates to these linked websites. The inclusion of these links is solely for convenience purposes and does not imply any affiliation, endorsement, or sponsorship by Entumano of the linked websites or their content.
23. YOUR CONTENT CONTRIBUTIONS TO ENTUMANO
23.1 When you submit content to be included on the Services, you affirm that you have all the necessary rights and permissions to grant the licenses described below to Entumano. You also acknowledge that you are solely responsible for any content you post or make available on the Services, including its accuracy, reliability, nature, rights clearance, and compliance with applicable laws and regulations. By submitting content, you grant Entumano and its successors-in-interest an irrevocable, non-exclusive, royalty-free, sub-licensable, transferable perpetual and global license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works, publicly display, and publicly perform the content on or through the Services, in any media format and through any channels or network. This includes the right to promote and redistribute parts of the Services, without the need for attribution, and you agree to waive any moral rights or similar rights associated with the content. You understand that your contributions may be transmitted over various networks and may be modified to meet technical requirements and comply with prohibitions.
23.2 Any content, material, information, or ideas you post on the Services or transmit to Entumano are not considered confidential and may be used by Entumano without compensation or liability to you for any purpose, including the development, manufacturing, and marketing of products. By making a submission, you acknowledge and agree that Entumano or third parties may independently develop similar software, applications, interfaces, products, or modifications based on your submission. Therefore, you grant Entumano and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to develop such items and use, copy, distribute, republish, transmit, modify, adapt, create derivative works, publicly show, and publicly perform any submission on or through the Services. This license extends to promoting and redistributing parts of the Services and its derivative works. However, this provision does not apply to personal information that is subject to Entumano's privacy policy, except to the extent that you voluntarily make such information publicly available on or through the Services.
24. EXTERNAL LINKS& CONTRIBUTIONS
24.1 Each individual who contributes data, text, images, sounds, video, software, or other content to the Services is solely responsible for ensuring the accuracy, reliability, nature, rights clearance, and compliance with applicable laws and legal restrictions of their contributions. Entumano is not obligated to regularly monitor or verify the accuracy, reliability, nature, rights clearance, or compliance with laws and legal restrictions of any content contributed by users. Entumano cannot be held responsible for the actions or lack of action of users, including the content they post or make available through the Services.
24.2 Additionally, the Services may include links to third-party products, websites, Services, and offers. These third-party entities are not owned or controlled by Entumano; they are operated and owned by their respective third parties, who may have their own copyright or intellectual property protections. Entumano has not reviewed these third-party entities and assumes no responsibility for their content, functionality, security, Services, privacy policies, or other practices. It is recommended that you review the terms and policies provided by these third parties on their websites. By using the Services, you agree that Entumano is not liable for any issues arising from your use or inability to use any third-party website or widget. Entumano also reserves the right to disable your use of, or remove, any third-party links or applications on the Services if they violate the terms and conditions outlined in this agreement.
25. USERGUARANTIES, WARRANTIES &REPRESENTATIONS
25.1 By using the Services, you guarantee and affirm that:
25.1.1 You have the legal capacity to enter into this agreement and fulfill its obligations. If you are a minor, you have obtained valid consent from your parent or legal guardian.
25.1.2 You will use the Services exclusively for lawful purposes, adhering to this agreement, as well as all relevant laws, rules, codes, directives, guidelines, policies, and regulations.
26. SUSPICIOUS ACTIVITIES& FRAUDULENT TRANSACTIONS
26.1 If Entumano suspects, at its sole discretion, that you may have participated in any potentially fraudulent or suspicious activity or transactions, we reserve the right to take appropriate measures to safeguard Entumano, other Buyers or Sellers, third parties, or yourself from Reversals, Chargebacks, Claims, fees, fines, penalties, and any other liabilities. These measures may include, but are not limited to, the following actions:
26.1.1 We may close, suspend, or restrict your access to your Account or the Services, and/or halt the processing of any transaction.
26.1.2 We may suspend your eligibility for the Entumano Escrow Account.
26.1.3 We may withhold, apply, or transfer funds in your Account as necessary to comply with court judgments and orders that affect you or your Account.
26.1.4 We may decline to provide the Services to you now and in the future.
26.1.5 We may retain your funds for a reasonable duration to mitigate the risk of liability to Entumano or a third party, or if we suspect that you are engaged in potentially fraudulent or suspicious activity or transactions.
For the purpose of this section, the following terms have the following meanings: "Reversal" refers to the cancellation of a payment by Entumano due to one of the following reasons: (a) the payment is invalidated by the sender's bank, (b) the payment was mistakenly sent to you by Entumano, (c) the sender of the payment lacked proper authorization to send it (e.g., using a stolen credit card), (d) you received the payment for activities that violated this Terms and Conditions or any other Entumano policy, or (e) Entumano resolved a Claim against you. "Chargeback" refers to a request made by a Buyer to their debit or credit card company or issuing bank to void a payment. "Claim" refers to a dispute regarding a payment that is directly raised by a Buyer or Seller with Entumano.27. INDEMNITY& DAMAGES
You agree to defend, indemnify, and hold harmless Entumano, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, and employees (referred to as the "Indemnified Parties") from any and all claims, actions, proceedings, suits, and related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, but not limited to, expenses related to dispute resolution) incurred by any Indemnified Party. This indemnification applies to claims arising from or related to the following:
(a)any transaction conducted on the Platform or any dispute arising from such transaction (excluding cases where Entumano or its Affiliates is the Seller in the transaction),
(b)the Entumano Escrow Account,
(c)the hosting, operation, management, and administration of the Services by Entumano or its representatives,
(d)your violation or breach of any term in this Terms and Conditions or any referenced policy or guidelines,
(e) your use or misuse of the Services,
(f) your violation of any law or third-party rights, or
(g) any Content you upload.
28. SEVERABILITY PROVISION
In the event that any provision of this Services Terms and Conditions is determined to be unlawfulor unenforceable in any jurisdiction, such provision will be considered separate from these terms and conditions. This separation will not impact the validity and enforceability of the remaining provisions in that jurisdiction or the validity and enforceability of the provision in question in any other jurisdiction.
29. GOVERNING LAW
This Terms and Conditions will be governed by and interpreted in accordance with the laws of the Republic of the Philippines, without considering its conflict of law principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Unless required by applicable laws, any disputes, controversies, claims, or differences arising from or relating to this Terms and Conditions involving Entumano or any Indemnified Party will be resolved solely through Arbitration in the Philippines. The arbitration will be conducted with one Arbitrator mutually chosen by the parties, or appointed in accordance with the applicable Arbitration Laws in the Philippines, including ad hoc arbitration if the parties so agree, and the language used during the arbitration proceedings will be English or Pilipino, or both.
30. GENERAL PROVISIONS
30.1 Entumano retains all rights that are not explicitly granted in this Terms and Conditions.
30.130.2 Entumano reserves the right to modify this Terms and Conditions at any time by posting the updated version on this Platform. Your continued use of this Platform after such changes have been posted signifies your acceptance of the revised Terms and Conditions.
30.130.3 You are not permitted to assign, sublicense, or transfer any rights granted to you under this agreement or subcontract any of your obligations.
30.130.4 Nothing in this Terms and Conditions establishes a partnership, joint venture, or principal-agent relationship between you and Entumano. It also does not authorize you to incur any costs or liabilities on behalf of Entumano.
30.130.5 The failure of Entumano to enforce any provision of this agreement at any given time does not affect its right to enforce the same provision at a later time, unless waived in writing.
30.130.6 This Terms and Conditions are intended solely for the benefit of you and Entumano and do not confer any rights to any other person or entity, except for Entumano's affiliates and subsidiaries (including their respective successors and assigns).
30.130.7 The terms outlined in this Terms and Conditions, along with any agreements and policies referenced or included within, constitute the complete agreement and understanding between the parties regarding the Services and the Platform, superseding any prior agreements or understandings on the subject matter. The parties also expressly exclude all implied terms. By entering into this agreement, the parties confirm that they have not relied on any statements, representations, warranties, understandings, promises, or assurances from any person other than what is expressly set out in this Terms and Conditions. Both parties irrevocably and unconditionally waive any claims, rights, and remedies they may have had in relation to the aforementioned matters, except as provided in this section. This Terms and Conditions cannot be contradicted, explained, or supplemented by evidence of any prior agreement, contemporaneous oral agreement, or consistent additional terms.
30.130.8 You agree to comply with all applicable laws, statutes, regulations, and codes regarding anti-bribery and corruption. You confirm that you have implemented and will maintain the necessary policies and procedures to ensure compliance with these requirements.
30.130.9 If you have any questions or concerns regarding this Terms and Conditions or any matters mentioned within it or on the Platform, please contact us at: help@entumano.com.
LEGAL NOTICES: Please send all legal notices to counsel@entumano.com, Attention: Head Counsel.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE, INCLUDING ANY REVISIONS MADE HEREAFTER. BY CLICKING THE "SIGN UP" BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.