These Terms of Service (“Terms”) constitute an agreement between you (“User”) and Hmong Network regarding your use of our platform.
Service Overview
Hmong Network provides an online platform connecting users with Hmong-owned businesses for services, products, and more. Businesses can create profiles that users can access, review, message, and transact with.
- Browse business listings, stores, and products
- Purchase services, bookings, listings, and products
- Leave reviews and ratings for businesses
- Submit content like photos, videos, and messages
- Use third-party plugins and integrations
- Create and manage your user account
Eligibility and Registration
Users must be at least 18 years old to access the Service. Certain features require account registration, where you agree to provide accurate information and update it as necessary. You are responsible for maintaining the confidentiality of your account password and all activities under your account. Notify us immediately of unauthorized use.
We reserve the right to terminate accounts that violate these Terms or misuse the platform, including spamming, scraping, harassment, impersonation, or other violations.
User Accounts
We may suspend, deactivate, or delete your account for violations, misuse, or extended inactivity. You can delete your account anytime through your settings. Account deletion may not be immediate, and residual backups may exist. We are not liable for any loss or damage from account deletion, suspension, or deactivation.
Purchases, Bookings, and Listings
The Service allows businesses to list services, products, bookings, and offers that users can purchase. Listings will include details like pricing, availability, and terms. Taxes, shipping, and other fees may apply. You agree to pay all applicable charges at the time of purchase.
Transactions are generally final. Refunds or cancellations are at the seller’s discretion. We are not liable for any loss or damage from denied refunds or cancellations. Sellers are responsible for regulations, licensing, taxes, and fulfillment.
Intellectual Property Rights
Hmong Network retains all intellectual property rights to the Service, trademarks, logos, and created content. You retain ownership of content you submit, granting us a perpetual worldwide license to use it for operating and improving the Service.
User Conduct
You are responsible for all content you submit, which must comply with our policies and laws. Prohibited content includes infringing, defamatory, vulgar, illegal, dangerous, fraudulent, deceptive, misleading, threatening, harassing, hateful, discriminatory, or malicious content. We may remove such content and suspend accounts for repeated violations.
Third-Party Services
The Service may integrate with third-party apps, widgets, and websites, which have their own policies and terms.
Commissions
For transactions via Hmong Network, we charge:
- Product Sales: 8-12% commission, paid out weekly via Stripe if over $100 earned that week and orders have valid tracking numbers.
- Enterprise Accounts: Custom commission rate with negotiated minimum payout thresholds and cadence.
Commissions are deducted before seller payouts, processed regularly.
Disputes Between Users
For transaction disputes, users agree to release Hmong Network from claims and resolve independently. We may restrict access during disputes.
User Responsibilities
Users must follow Hmong Network rules and guidelines. Illegal, abusive, or harmful behavior is prohibited. Users moderate their own content.
Intellectual Property and Content Moderation
Users must respect intellectual property when posting content. We reserve the right to moderate user content and act against violations.
Reviews and Ratings
Reviews must be based on first-hand experience and contain no prohibited content. Fake or paid reviews are prohibited. We may remove inappropriate reviews.
Products
Sellers must accurately describe products, including all relevant details. Illegal or infringing products are prohibited. We are not liable for product quality, safety, or legality. Transactions are between the buyer and seller.
Promoting Competing Platforms
Users may promote competing platforms through their Hmong Network profiles or content.
Use of User Content
By submitting user-generated content, you grant us permission to use it for advertising and commercial purposes.
Restricted Activities
Users may not:
- Copy, reproduce, reverse engineer any aspect of the Service
- Interfere with the Service through malware, overloading servers, etc.
- Infringe on Hmong Network’s intellectual property rights
- Scrape, crawl, data mine, or gain unauthorized data or account access
Compliance with Laws
Sellers are responsible for compliance with all applicable laws and regulations. Hmong Network does not ensure seller compliance.
Shipping and Returns
Sellers set their own shipping and returns policies and must honor them. We are not liable for issues arising from damaged, defective, or undelivered products. Buyers should work directly with sellers to resolve order issues per the seller’s return policy.
Modifications to Service
We reserve the right to modify, suspend, or discontinue any aspect of the Service without notice or liability. This includes imposing limits on features or access.
Privacy and Data Use
Our Privacy Policy explains data collection, usage, and protection. By using the Service, you consent to the practices in our Privacy Policy.
Notifications and Communication
We will communicate important information through email, platform notifications, and our mobile app. You consent to receiving such communications when registering. You can manage preferences in account settings.
Force Majeure
We are not liable for failure to perform obligations where failure is caused by events outside our reasonable control.
Feedback
We may use user feedback and suggestions to improve the Service without attribution or compensation. Feedback is considered non-confidential.
No Waiver
Any failure by us to exercise or enforce rights does not constitute a waiver of those rights.
Modifications
We reserve the right to modify aspects of the Service at any time. We will post changes to these Terms, which become effective upon posting. For significant changes, we may send email notification. Your continued use constitutes acceptance.
Assignment
You may not assign these Terms without our prior written consent. We may freely assign these Terms.
Severability
If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be changed and interpreted to accomplish its original intent.
Survival
Provisions regarding indemnification, limitation of liability, disclaimers, dispute resolution, and governing law survive any termination of these Terms.
Independent Contractors
The parties are independent contractors. These Terms do not create any agency, partnership, or joint venture.
Promotional Rights
You grant us permission to use your trademarks and other identity marks for promotional purposes without compensation.
Headings
Headings are for convenience only and do not affect interpretation.
No Third Party Beneficiaries
No third party other than the User and Hmong Network shall be a beneficiary of these Terms or have the right to enforce them.
Notices
Notices posted within the Service or sent to your provided email address constitute acceptable notice to you.
Entire Agreement
These Terms constitute the entire agreement between you and Hmong Network regarding the Service and supersede any prior agreements.
Contact Us
Please contact us at hello@hmong.network with any questions about these Terms.
Revised 26 August 2024
