Terms & Conditions
Last updated: Nov 01, 2011
The Site provides an interactive online service operated by Groupcow, consisting primarily of: (i) promotion and marketing services on behalf of certain merchants (“Merchants”) making vouchers for Merchant goods and services (“vouchers”) available to its users; and (ii) direct sales of products to End Users. Vouchers may be purchased by Groupcow account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age;
- You are able to create a binding legal obligation;
- You are not barred from receiving products or services under the law;
- Your use of this Site will at all times comply with the terms of this Agreement;
- If you elect to create an account: You may create only one account for your personal use;
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another;
- You must safeguard your password and supervise the use of your account, and you understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it; and
- You are responsible for updating and correcting information you have submitted to the Site.
- You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
Access to the Site
Groupcow retains the right at our sole discretion to deny service, or access to the Site or an account to anyone, at any time and for any reason. You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated.
Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Groupcow and the Site while it is being transmitted. In addition, Groupcow is not responsible for any data lost during transmission.
Your Conduct on our Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Groupcow account or in order to create multiple Groupcow accounts;
- Attempting to access, or actually accessing, data not intended for you, such as logging into a server or an account which you are not authorized to access;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures;
- Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Groupcow;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;
- Using any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Groupcow;
- Reselling or repurposing your access to the Site or any purchases made through the Site;
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of Groupcow to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Groupcow, including without limitation, aggregating current or previously offered deals;
- Collecting content from the Site, including but not limited to current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission;
- Collecting the Personal Information, Statements, data or content of any Site End Users or Merchants;
- Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
- Exceeding or attempting to exceed quantity limits when purchasing vouchers or products, or otherwise using any Groupcow account to purchase vouchers or products for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
- Accessing, monitoring or copying any content or information from this Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission;
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any voucher or product) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Groupcow, our Merchants or our services; or
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Groupcow account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Terms of Sale
Vouchers and Products that you purchase through our Site as a Groupcow account holder are special promotional offers that you purchase from participating Merchants through our service. The vouchers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the voucher. Products are also offered directly (without the need for voucher redemption) by different participating Merchants. The Merchant is solely responsible for redeeming the voucher or supplying the product offered. The Merchant is the issuer of the voucher or the supplier of the product and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a voucher or not. You waive and release Groupcow and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the goods or services it provides in connection with the voucher or in connection with your use of a product offered for direct sale (without the need of voucher redemption).
Descriptions of the products or services advertised on the Site are provided by the Merchant or other referenced third-parties. Groupcow is not responsible for any performance, authenticity or quality claims associated with product or service descriptions.
Merchants may advertise product or services on the Site that may require an up-to-date regulatory authorization, license, or certification. Groupcow does not verify, validate, or collect evidence of any regulatory authorization, license, product authenticity or certification from any Merchant (including Health & Fitness and Beauty & Spa Merchants). You should make whatever investigation or other resources that you deem necessary or appropriate before purchasing any products or Merchant’s promotional offers to determine if the Merchant is qualified to perform the advertised service or the authenticity or quality of products and whether the products do what is claimed. Merchant is solely responsible for the care and quality of goods and services being provided.
Groupcow is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products, or procedures to You that are advertised on the Site. The Site is not intended to be a substitute for professional advice, including medical and health advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a health condition. Never neglect to seek out, delay or disregard professional advice relating to your health because of something You have read on the Site.
Products (without voucher redemption) that you purchase through our Site are subject to the special terms below.
If an offer becomes unavailable between ordering and processing, Groupcow will either cancel or not process the order and will notify you by email.
Groupcow does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Groupcow reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Groupcow will notify you by email. In addition, Groupcow reserves the right, at its sole discretion, to correct any error in the stated full retail price.
Groupcow is a service provider for Merchants and the Merchant is the sole issuer of the voucher or the supplier of the product. Vouchers have two separate values: (a) the “amount paid” and (b) the promotional value. The “promotional value” is the additional value beyond the amount paid. For example, if you pay $20 for a voucher that entitles you to $50 of goods or services from a Merchant, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the voucher unless expiration of the promotional value is prohibited by law). The Merchant is responsible for permitting you to redeem the voucher for at least the amount paid.
If a Merchant or venue refuses to honor any voucher, Groupcow will refund the amount paid upon request in the original form of payment, or will credit the Groupcow account of the purchaser with an equivalent number of Groupcow “credits” for future purchases on the Site. Need a refund or have a question? Email us at firstname.lastname@example.org Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of vouchers is prohibited. All descriptions, content, Products, and prices of Products and services on the Site may change at any time in Groupcow’s discretion, without notice.
Special terms for Groupcow Products (sold without voucher redemption).
- When you purchase an item on Groupcow, clicking the “Buy Now” button constitutes an offer to buy the products. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a contract with you.
- If you wish to cancel your order before delivery or change the quantity of items purchased or the delivery address, please contact us within 2 hours of your purchase. Once that window closes, we may not be able to make changes to your order.
- If your order is already processing or has been shipped, we are no longer able to change the address. The only thing we can do is to wait and see if the package gets returned back to us. If it does get returned back to our warehouse, we will then have to collect the appropriate shipping and administration fee from you before we proceed to ship it to your updated shipping address.
- Shipment and tracking options and applicable charges will be stated in the fine print and will vary by offer. Shipment may be limited to specific geographic locations.
- Shipping and delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
- We may have to cancel an order before your products are delivered; if this happens, we will promptly contact you at the email address that is registered with your account.
- For customers outside of Hong Kong, we cannot guarantee that you will or will not be charged any customs taxes or duties. You are responsible for all applicable customs, duties, taxes and fees charged by your government. Please contact your country's customs office for respective charges and rates on package coming outside of your country.
- Groupcow accepts returns of most defective products, products damaged in shipping and items shipped out with sizes or colours that are different from what you have chosen, in accordance with the terms and conditions posted from time to time at “FAQ – Shipping and Returns.”
- Replacement or repair of returned products will be made in accordance with the Return and Refund Policy. Any refunds provided pursuant to the Return and Refund Policy will be made in the form of Groupcow Credits. In no event will cash refunds be made.
- Groupcow takes legal title to returned items only after the items arrive at the designated returns destination. Groupcow reserves the right, but has no obligation, to issue a refund without requiring a return. In this situation, Groupcow does not take title to the returned Goods.
- For purchases that qualify for a refund, Groupcow will issue a refund within 14 days after processing of a properly returned shipment. Applicable shipping charges and restocking fees may be deducted from your refund.
- We reserve the right to refuse to issue a refund and to recover the cost of the return delivery from you in the event that any items you return: (i) are not eligible for return, in accordance with the FAQ – Shipping and Returns policy or the offer’s fine print, or (ii) are found to have suffered damage after delivery to you or have been misused or used other than in accordance with the product directions or instructions.
- Items sold by Groupcow and shipped outside of Hong Kong may be subject to import taxes, customs duties, value added taxes, sales taxes and fees levied by the destination country. These additional charges for customs clearance are not included in our pricing and must be borne by the recipient; (we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.)
- If you refuse a shipment from Groupcow, you will be responsible for the original shipping charges, any import taxes, customs duties, value added taxes and fees that were incurred on the package, and the cost of returning the package to Groupcow.
- Advertised “list prices” may be based on a survey of other online merchants, tied to a particular merchant’s current or former price or suggested by either the manufacturer or our supplier; they are not necessarily representative of current prices of other online merchants or the prevailing retail price in every area.
- Price comparisons may be made throughout the Site to indicate the relative savings amounts of Groupcow’s pricing. Amounts shown as “Save” reflect the difference between the sale price and Groupcow’s normal or “list” price for a given product. However, Groupcow makes no representation that a substantial number of these products have been sold or made available for sale at the list price
- Groupcow cannot confirm the price of a product until you order. It is possible that the price for a product may increase or decrease between the time that the product is placed in a “shopping cart” or “shopping bag” and the time the purchase is actually made
- Occasionally there may be an error or omission related to the pricing or description of advertised products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a product: (i) if the actual price of the product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
- Groupcow will have the right to cancel any orders for products that have been listed at an incorrect price, rebate or refund, that contain other incorrect information or typographical errors or that are unavailable for any reason. Groupcow will have this right regardless of whether the order has been confirmed or your credit card or other payment service has been charged. If your credit card or payment service has already been charged for the purchase and your order is cancelled, Groupcow will immediately issue a credit to your credit card or payment service in the amount of the charge.
Warranties and Other Information.
- All products are sold AS IS. See the Disclaimer of Warranty section below.
- We are not the manufacturer of the products sold on the Site. To inquire about a manufacturer's warranty, please contact the manufacturer directly.
- While we work to ensure that the product information on the Site is correct, we cannot guarantee that product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information presented on labels, warnings and directions which accompany the items before use.
- We have taken reasonable steps to display as accurately as possible the colors and other details of products we sell. However, the colors and details you see on the Site will depend on the equipment you use to view the Site. We cannot guarantee that the display of any color or other details on your television, mobile device, computer or other device will exactly reflect the color or details of the actual items.
- For healthcare products, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the Site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Please contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
- Products shown on the Site may contain descriptions that are provided directly by the publisher, manufacturer or distributor of such products. Groupcow does not represent or warrant that the descriptions of any products shown on the Site (including personal care products) are accurate or complete. IF YOU PURCHASE A PRODUCT FROM GROUPCOW THAT IS NOT AS DESCRIBED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO RETURN SUCH PRODUCT IN UNUSED CONDITION FOR GROUPCOW CREDIT IN THE AMOUNT OF THE PURCHASE PRICE.
Passage of Title
Title to products and risk of loss of products, passes to you upon delivery to the common carrier selected by Groupcow to deliver your order.
You are obligated to take delivery of any products you order notwithstanding that the quantity delivered may be less than the quantity ordered, provided that any amount charged to you shall be adjusted to reflect such lower quantity. Any such discrepancy in quantity shall not be deemed a material change of the terms of sale nor a breach or repudiation of Groupcow’s agreement to sell products to you.
”Groupcow Credits” are a form of Site credit redeemable toward Groupcow purchases. Groupcow reserves the right to discontinue Groupcow Credits and may modify these terms at any time. To accumulate and redeem Groupcow Credits, you must create and maintain in good standing a Groupcow customer account. Unless required by law, Groupcow Credits are non-transferrable and are not redeemable for cash.
You can earn Groupcow Credits by participating in various promotional activities and responding to certain offers (“Promotional Activity”). In order to earn Groupcow Credits indicated in the Promotional Activity materials, you must comply with the terms of the applicable Promotional Activity. Groupcow may also credit Groupcow Credits to your account for returns or refunded purchases, or for other reasons within our discretion. Groupcow Credits may also be purchased in various increments on Groupcow gift cards or promotional codes. Groupcow gift cards and promotional codes are governed by the terms and conditions disclosed on or distributed with the specific gift card or promotional code. Groupcow Credits, including those issued as part of a Promotional Activity, will expire one-year after the issue date, unless otherwise noted at time of issuance.
You are responsible for ensuring that Groupcow Credits you earn or are awarded as credits are added to your Groupcow account. Groupcow Credits may not appear in your account for up to ten business days if a Promotional Activity must be validated.
Your Groupcow Credits cannot be resold. Your Groupow Credits cannot be combined or merged with Groupcow Credits in any other account registered to you or another End User. Access to Groupcow Credits or related account information may not be sold or distributed to others. You may not use any other End User’s password or account to accrue Groupcow Credits for that account. Unauthorized or fraudulent use, resale, or distribution of Groupcow Credits is prohibited. Groupcow reserves the right to cancel, revoke, or otherwise prevent the issuance of Groupcow Credits in cases of mistake and in any suspected case of unauthorized or fraudulent use.
IMPORTANT NOTICE TO CUSTOMERS OUTSIDE OF HONG KONG: CUSTOMS ISSUES, REGIONAL INTELLECTUAL PROPERTY RIGHTS AND PRODUCT REGULATION
Groupcow’s product inventory available on the Site includes tens of thousands of products, and product listings are constantly being changed and updated. Groupcow’s customers are located in various parts of the world. As a result, it is not practical for Groupcow to confirm whether import and sale of any of these products may conflict with local exclusive distribution rights in effect from time to time or otherwise constitute a violation of local law, including product safety and other regulations.
GROUPCOW MAKES EVERY EFFORT TO ENSURE THAT THE PRODUCTS IT OR IT’S VENDOR SELLS ARE GENUINE AND LEGITIMATE.
IMPORT AND SALE OF CERTAIN OF THE PRODUCTS OFFERED ON THE SITE, HOWEVER, MAY NOT BE PERMISSIBLE IN ALL COUNTRIES, INCLUDING WITHOUT LIMITATION THE UNITED STATES OF AMERICA, AS A RESULT OF LOCAL CUSTOMS REGULATIONS, LOCAL COPYRIGHT AND TRADEMARK RIGHTS AND OTHER LOCAL LAWS.
IN ADDITION, PRODUCTS AVAILABLE ON THE SITE MAY NOT CONFORM TO PRODUCT SAFETY OR OTHER REGULATIONS IN ALL COUNTRIES.
BY PURCHASING A PRODUCT THROUGH THE SITE, YOU AGREE THAT SUCH PURCHASE AND THE IMPORT OF SUCH PRODUCT COMPLIES WITH THE LAWS OF THE COUNTRY TO WHICH YOU HAVE REQUESTED GROUPCOW TO SHIP THE PRODUCT AND AGREE THAT YOU WILL BE CONSIDERED THE SOLE “IMPORTER” AND “INITIAL DISTRIBUTOR” OF THE PRODUCT TO SUCH COUNTRY FOR ALL PURPOSES, INCLUDING CUSTOMS REGULATIONS, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS. YOU ACKNOWLEDGE AND AGREE THAT GROUPCOW ROLE IS LIMITED TO WORKING WITH PARTICIPATING MERCHANT IN PROCURING PRODUCTS AVAILABLE IN ASIA AND OTHER REGIONS AND MAKING THESE PRODUCTS AVAILABLE THROUGH THE SITE TO YOU FOR PURCHASE IN HONG KONG AND FOR YOUR IMPORT TO THE COUNTRY TO WHICH YOU HAVE REQUESTED GROUPCOW TO SHIP PRODUCTS. IN NO EVENT WILL GROUPCOW, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OTHER GROUPCOW PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL GROUPCOW, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANY OTHER GROUPCOW PARTY BE RESPONSIBLE FOR ANY LIABILITY ARISING UNDER THE LAWS OF ANY COUNTRY OTHER THAN THE HONG KONG SPECIAL ADMINISTRATIVE REGION FOR ANY REASON, INCLUDING THE IMPORT AND SALE OF PRODUCTS AVAILABLE ON THE SITE, CUSTOMS REGULATIONS AND CUSTOMS HOLDS, DETENTIONS AND SEIZURES, COPYRIGHT AND TRADEMARK LAWS AND PRODUCT SAFETY LAWS.
By purchasing a product through the Site, customers outside of Hong Kong authorize Groupcow to make arrangements for clearance of customs on their behalf for the products they have ordered.
PAYMENT FOR PRODUCTS PURCHASED THROUGH THE SITE
Methods of Payment
Groupcow offers a variety of payment methods on the Site for the convenience of customers. Please note that each of the payment methods discussed below may not be available at all times. You agree to pay all fees incurred in connection with your purchases at the rates in effect when the charges were incurred.
For customers in Hong Kong and Singapore, Groupcow may offer the option to pay by direct deposit to specified bank accounts of Groupcow. Any fees payable in connection with direct deposit, including any fees payable by Groupcow’s bank, must be paid by customers.
Unless expressly set forth on the Site, Groupcow does not accept any other payment form. If Groupcow offers or accepts any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such other form of payment.
Customs, Duties & Taxes
For customers outside of Hong Kong, you are the importer of the item(s) you purchase on Groupcow and must comply with all laws and regulations of the destination country. Orders shipped outside of Hong Kong may be subject to import taxes, customs duties and fees levied by the destination country. You, the recipient of an international shipment may be subject to such import taxes, customs duties, value added taxes and fees, which are levied once a shipment reaches the recipient's country. These additional charges for customs clearance must be borne by the recipient; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
If you refuse a shipment from Groupcow, you will be responsible for the original shipping charges, any import taxes, customs duties, value added taxes and fees that were incurred on the package, and the cost of returning the package to Groupcow.
All transactions conducted by or with Groupcow, including sales of items shown on the Site, issuance of gift certificates and credit for returned merchandise, are made in US Dollars.
Please note that although payment may be made in such cases in Hong Kong dollars or other currencies, the US Dollar prices indicated on the Site will apply.
Payment made by credit card or PayPal® in a currency other than US Dollars will be converted to US Dollars at the exchange rate determined by your credit card issuer or PayPal. Please consult your credit card issuer agreement or the User Agreement for the PayPal for information regarding the determination of exchange rates by them. These exchange rates may include a “spread,” or amount payable to PayPal or the credit card issuer, which may result in the actual price paid being higher than the posted US Dollar price.
The Site allows users the opportunity to choose a “Currency.” The Currency function converts the prices shown on the Site to a currency selected by the user from those available on the Site. THE CURRENCY PRICES ARE COMPUTED AT THE APPROXIMATE EXCHANGE RATES AVAILABLE FROM TIME TO TIME FOR RETAIL TRANSACTIONS PURSUANT TO INFORMATION AVAILABLE TO GROUPCOW; HOWEVER, GROUPCOW IS NOT A BANK OR A CURRENCY DEALER AND MAKES NO REPRESENTATION OR WARRANTY THAT PRICES SHOWN ON THE SITE IN A REFERENCE CURRENCY REPRESENT ACTUAL PRICES PAYABLE BY CUSTOMERS IN SUCH REFERENCE CURRENCY. THE CURRENCY EXCHANGE RATES MAY BE UPDATED BY GROUPCOW ONLY PERIODICALLY. ACTUAL CONVERSION RATES FOR PURCHASES WILL BE COMPUTED AS PROVIDED ABOVE.
NO REFUNDS WILL BE MADE TO CUSTOMERS RESULTING FROM CHANGES IN CURRENCY RATES.
In no event will any Groupcow Party be liable for fees or charges payable in connection with currency exchange or for any losses incurred as a result of fluctuations in currency exchange rates.
Modification of this Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.
Ownership of the Site.
Copyright and Trademarks.
This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of Hong Kong. Groupcow owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Groupcow or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Groupcow does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
"Groupcow", the Groupcow logos, and variations thereof found on the Site are trademarks owned by Groupcow and all use of these marks inures to the benefit of Groupcow. Other marks on the site not owned by Groupcow may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Groupcow unless otherwise stated, or may be the property of their respective owners. You may not use Groupcow's name, logos, trademarks, or brands without Groupcow's express permission.
End User Communications.
Groupcow in some instances allows you and other End Users to use the Site to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and other materials and content (collectively, "Statements") through forums, bulletin boards, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Site from time to time (collectively, “Communities”). In most instances, you will be required to have a Groupcow user account in order to make Statements.
In contributing any Statements, you represent and warrant (a) you have created your Statements, or, (b) if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the Statements, and that you have all rights necessary to grant the licenses and grants in this Agreement. You further represent and warrant (or, if you are acting on behalf of the creator of the Statements, you have been assured that the creator represents and warrants) that the sharing of Statements for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available Statements if they are unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violate any third party rights; or if they contain any material that harbors software viruses, or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.
Groupcow shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose to any third party the Statements and content within the Communities, and the circumstances surrounding its transmission, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Groupcow, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Groupcow shall have the right, but not the obligation, to remove any material from the Communities that Groupcow, in its sole and absolute discretion, finds to be in violation of this Agreement or otherwise objectionable. Groupcow assumes no liability for any Statements or other information removed from the Communities. Groupcow is under no obligation to use your Statements and may not use or post them at all.
In some instances and from time to time, you may modify or remove the Statements you submit or post in Communities through your user account. Groupcow makes no representations or warranties that the Statements you modify or remove will be modified or removed in the Communities, or that the Statements will cease to appear on the Internet, in search engines, or in any other form, media or technology.
Public Nature of Your Statements.
- You understand and agree that all Statements are public and not private. Any and all Statements you post to the Site are not confidential. Any other person (whether or not a user of Groupcow’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements that you do not wish to be publicly disclosed. Groupcow is not responsible for the use or disclosure of any Personal Information that you voluntarily disclose in connection with the Statements.
- Some Statements you make to Communities will give you the option to list your Personal Information, or portion of your Personal Information, including your name, initials, username, social networking website user account name, image, likeness, voice, and location, in connection with your Statements. You grant Groupcow a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide, right to use, display, distribute, offer to sell and sell the Personal Information you list in connection with your Statements, whether the Statements appear alone or as part of other works, and in any form, media, or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. Groupcow shall have no obligation to use your Personal Information in connection with any Statements you submit or post, and may not do so at all.
- Any Statements of any kind made by you or any other End Users to the Communities are those of the respective author(s) or distributor(s) and not of Groupcow. Other End Users may post Statements that are inaccurate, misleading, or deceptive. Groupcow does not endorse and is not responsible for any Statements made by End Users, and will not be liable for any loss or damage caused by your reliance on such Statements. The Statements expressed by other End Users reflect the opinions of the End Users who submitted them and may not reflect the opinion of Groupcow. Groupcow does not control or endorse any Statements found in any part of the Communities, and Groupcow specifically disclaims any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content.
- As between you and Groupcow, you shall retain all of your ownership rights in and to the Statements you submit or post. However, by contributing Statements or other information on or through the Communities, you grant Groupcow a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees, and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Statements that you may have under any applicable law under any legal theory. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
No Responsibility for Third-Party Content; Copyright Claims
Content on the Site may be provided by third parties, either as a result of submission by users or other persons or because of selection by Groupcow. Any opinions, advice, statements, descriptions, services, offers, information or other Content expressed or made available by third parties on or through the Site ("Third-Party Content") are solely those of the respective authors or distributors and not of Groupcow or its affiliates. None of the Groupcow parties guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content. The Groupcow Parties make no endorsement or representations as to the validity, accuracy, truthfulness, completeness, reliability or usefulness of any Third-Party Content, unless made by authorised Groupcow representative while acting in his/her official capacity (and in such case subject to the terms hereof). Under no circumstance will any Groupcow Party be liable for or in connection with any errors or omissions in any Third-Party Content, any links embedded in any Third-Party Content, any loss or damage caused by your reliance on any Third-Party Content or any other harm arising from any Third-Party Content.
No Groupcow Party will assume any liability for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any Third-Party Content. However, if you believe that the Site contains Content that infringes copyright rights held by you, please contact Groupcow at the e-mail address below with the following information and signature:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address (including country), telephone number and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
Your notice should be sent to email@example.com.
We do not accept or consider, directly or through any Groupcow employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Groupcow has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential; and
- Groupcow will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.
Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER GROUPCOW, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICES, PRODUCTS, VOUCHERS, OR STATEMENTS (AS DEFINED ABOVE) PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GROUPCOW HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
Websites of Others
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk
You agree to defend, indemnify and hold harmless Groupcow, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you, or any Statements submitted or posted by you, in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Groupcow from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of Groupcow, and any conduct, speech, or Statements, whether online or offline, of any other user.
APPLICABLE LAW AND DISPUTES
ALL USE OF THE SITE, SUBMISSIONS, THE LICENSES GRANTED HEREUNDER, CONTENT ON THE SITE AND TRANSACTIONS CONCLUDED THROUGH THE SITE, INCLUDING PURCHASES OF PRODUCTS ON THE SITE, SHALL BE DEEMED TO BE CONDUCTED UNDER AND GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
Any dispute, controversy or claim relating in any way to the Site (including, without limitation, your visit to and use of the Site), to your Submissions, to the licenses granted hereunder, or to products you purchase through the Site shall be submitted to confidential binding arbitration in Hong Kong conducted under Hong Kong law, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Groupcow or any affiliate or licensor of Groupcow, Groupcow may seek injunctive or other appropriate relief in any appropriate jurisdiction and court. Arbitration shall be conducted under UNCITRAL Arbitration Rules by Hong Kong International Arbitration Centre. There shall be one (1) arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The place of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language and any non-English language documents presented at such arbitration shall be accompanied by an English translation thereof. The arbitrator shall state the reason upon which the award is based.
No waiver by either you or Groupcow of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
You are contracting with Groupcow.com. Correspondence should be directed to: firstname.lastname@example.org