Terms & Conditions
Last updated: Nov 01, 2011
TERMS OF USE
Welcome to Groupcow.com, a website owned and operated by Kornwick Ltd. These Terms of Use govern your use of the Groupcow.com website. By using, visiting or shopping at the Groupcow.com website, you agree to be bound by these Terms of Use, as well as the other policies posted on the Groupcow.com website.
In these Terms of Use, Groupcow.com is referred to as "Groupcow",and "Site".
Groupcow is located in Hong Kong. By displaying products on the Site, Groupcow is making an offer to sell such products only to those who are legally capable of accepting and do accept such offer in Hong Kong on the terms and conditions set out herein. If you place an order for products shown on the Site, your order will be deemed an acceptance in Hong Kong of such offer pursuant to these Terms of Use.
USE OF THE SITE
License and Site Access
Groupcow grants you a limited, non-exclusive, revocable license to access and make non-commercial use of the Site and not to download (other than page caching) or modify the Site or any portion of the Site, except with the express written consent of Groupcow. Groupcow also grants you a limited, non-exclusive, revocable right to create and display a hyperlink to the home page of the Site so long as the link does not portray Groupcow, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.
Prohibited Uses of the Site
The licenses set forth in these Terms of Use do not include any rights to:
- Interfere or attempt to interfere with the proper operation of the Site;
- Bypass any measures used to prevent or restrict access to any portion of the Site;
- Use any robot, spider, data-miner, scraper or other automated means to access the Site or its systems for any purpose or to copy, probe, test or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Groupcow or its affiliates through the Site;
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site;
- Compile, repackage, disseminate or otherwise use data available on or extracted from the Site, including product information and prices;
- Reproduce, record, retransmit, sell, rent, distribute, publish, post or perform any of the content of the Site;
- Modify, download (other than page caching), reproduce, copy or resell the Site, the content or any portion or derivative thereof;
- Copy or download any account information of any user of the Site for the benefit of any other person or entity;
- Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Groupcow;
- Use Groupcow’s name, trademarks, service marks or logos in any meta tags or any other “hidden text”; or
- Use Groupcow’s logo or other proprietary graphic or trademark as part of a link without express written permission.
Each of the foregoing is expressly prohibited without the prior express written consent of Groupcow. Any unauthorized use of the Site or any portion or derivative thereof by, on behalf of or through you shall terminate any license or permission granted to you by Groupcow.
Termination of Access
You agree that Groupcow may, in its sole discretion and without prior notice to you, terminate or suspend your access to all or any part of the Site and your Site account without notice, for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or assistance to others attempting to do so, (2) attempting to overcome software security features limiting use of or protecting any content available on the Site, (3) discontinuance or material modification of the Site or any service available on or through the Site, (4) violations of these Terms of Use or applicable law, (5) failure to pay for purchases, (6) suspected or actual copyright or trademark infringement, (7) unexpected operational difficulties or (8) requests by law enforcement or other government agencies. YOU AGREE THAT NONE OF GROUPCOW, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (EACH A “GROUPCOW PARTY”) WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE.
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT Copyright
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of Groupcow or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of Groupcow and are protected by applicable copyright laws. All software used on the Site is the property of Groupcow or its software suppliers and is protected by applicable copyright laws.
Trademarks
Groupcow, GROUPCOW.COM, are trademarks, registered trademarks or service marks of Groupcow or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of Groupcow and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of Groupcow or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no Groupcow trademark, service mark or trade dress may be used in connection with any product or service that is not Groupcow’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits Groupcow.
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 an 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 or physical mail address below with the following information and signature:
INTELLECTUAL PROPERTY RIGHTS; USER CONTENT Copyright
All content included on the Site, including, without limitation, text, articles, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software, ("Content") is the property of Groupcow or its licensors, product suppliers or content suppliers (including users who supply Content) and is protected by applicable copyright laws. The design, selection, arrangement, coordination and compilation of all Content on the Site are the exclusive property of Groupcow and are protected by applicable copyright laws. All software used on the Site is the property of Groupcow or its software suppliers and is protected by applicable copyright laws.
Trademarks
Groupcow, GROUPCOW.COM, are trademarks, registered trademarks or service marks of Groupcow or its affiliates or licensors. All rights are reserved. These and other trademarks, service marks, graphics, logos and trade dress of Groupcow and its affiliates, suppliers and licensors used on the Site may not be used without the prior written consent of Groupcow or its applicable affiliate, supplier or licensor, as the case may be. Without limiting the foregoing, no Groupcow trademark, service mark or trade dress may be used in connection with any product or service that is not Groupcow’s, in any manner that is likely to cause confusion among users or customers or in any manner that disparages or discredits Groupcow.
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 an 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 or physical 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 info@groupcow.com.
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 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 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 OR ANY OTHER GROUPCOW PARTY BE A PARTY TO THE IMPORT OF SUCH PRODUCTS NOR WILL ANY 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.
If payment is made by PayPal®, the User Agreement for the PayPal Service, respectively, will govern your use of that service and you must refer to that agreement and not these Terms of Use to determine your rights and liabilities as a PayPal member. YOU, AND NOT GROUPCOW, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORISED AMOUNTS BILLED TO YOUR PAYPAL ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Groupcow of any discrepancies within sixty (60) days after you first receive notice thereof, you agree that they will be deemed accepted by you in all respects and for all purposes. If Groupcow does not receive payment through the PayPal service, you agree to pay all amounts due upon demand by Groupcow or its agents.
For customers in Hong Kong, 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.
Taxes
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. With respect to each of your purchases, Groupcow will automatically charge and withhold any applicable tax that it deems is required in any applicable jurisdictions.
Currencies
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, 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, PayPal. Please consult your credit card issuer agreement or the User Agreement for the PayPal and Alipay services 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.
PRODUCT DESCRIPTIONS, INFORMATION AND PRICES
Product Descriptions
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.
Groupcow has made every effort to display the colors of products on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor Groupcow cannot guarantee that your monitor’s display of any color will be accurate.
Prices
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. Also, despite Groupcow’s best efforts, a small number of the products on the Site may display incorrect prices. If the price for the product on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Groupcow, Groupcow may either (a) contact you for instructions before shipping the product or charging you for such product or (b) cancel the order for such product and notify you of such cancellation.
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.
Price Comparisons and “Save” Amounts
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.
ORDER PROCESSING, SHIPMENT, RETURNS
Order Acceptance
The offer and acceptance of orders will be subject to the terms of the third paragraph of these Terms of Use. Groupcow may confirm its receipt of your acceptance by sending a confirmation to the e-mail address that you provide.
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.
Returns
Groupcow accepts returns of most defective products, products damaged in shipping and (in the case of clothing) products of incorrect sizes, 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 credit that may be applied to other purchases on the Site. In no event will cash refunds be made.
OTHER ISSUES
User Privacy; Data Security
Please review Groupcow’s Privacy Policy, which also governs your visit to the Site, to understand Groupcow’s practices with respect to usage and handling of user information.
You acknowledge and agree that the Site is a public space and that your participation in and Submissions to the Site create no expectation of privacy. Further, you acknowledge that any personal information you submit to the Site may be seen and used by others. No Groupcow Party is responsible for information that you or others choose to submit to the Site or for your actions or the actions of other users. Groupcow or its designated agents may remove or alter any information, Content or Submission posted or otherwise disclosed on the Site at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE AS A SUBMISSION OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
While Groupcow takes reasonable steps to safeguard and to prevent unauthorised access to your personal information, no Groupcow Party is responsible for the acts of those who gain unauthorized access and no Groupcow Party makes any warranty, express, implied or otherwise, that Groupcow or any other Groupcow Party will prevent unauthorized access to your private information.
Your Account
Certain portions of the Site may require you to establish an account, username and password. You are responsible for maintaining the confidentiality of such account, username, and password and agree to accept responsibility for all activities that occur under your account, username or password. You agree to notify Groupcow immediately of any unauthorised use of your account, username or password or any other breach of security with respect to the Site. You may not use anyone else’s account, username or password at any time. You may not attempt to gain unauthorised access to the Site. You may not authorise any other person to use your account, username or password. You agree to provide Groupcow with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update your account information by clicking on the “My Account” link on the Site.
Third-Party Links
The Site may contain links to other websites. The Groupcow Parties are not responsible for examining or evaluating and the Groupcow Parties do not warrant the offerings of any of the businesses or individuals operating such websites or the content of such websites. No Groupcow Party assumes any responsibility or liability for the actions, products or content of any of these third-party websites. You should carefully review the privacy statements and other conditions of use set forth in such websites.
Age of Users
Groupcow does not intend the Site to be viewed or used by individuals under the age of 18 (“minors”) without the supervision of a parent or guardian 18 years of age or older. Groupcow relies upon parents or guardians to determine if any Content or items available on the Site are appropriate for the viewing, access or purchase by minors. If a user is a minor, such minor may use the Site only under the supervision of parent or guardian. If a user is under 13 years of age the user may not, even under the supervision of a parent or guardian, make any Submissions.
Sweepstakes, Contests, Promotions
Any sweepstakes, contests or similar promotions made available through the Site will be governed by specific rules separate from these Terms of Use, provided that unless the separate rules provide otherwise, all information submitted through a sweepstakes, contest or similar promotion will be considered Submissions and will be subject to the terms relating thereto. By participating in any such sweepstakes, contest or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein and which, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as age or geographic restrictions.
Communications
You consent to receive communications from Groupcow by e-mail. Groupcow will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Groupcow provides to you in this manner satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND ALL INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED BY GROUPCOW ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. NO GROUPCOW PARTY MAKES ANY, AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE GROUPCOW PARTIES DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), OR SERVICES INCLUDED ON, SOLD THROUGH, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO GROUPCOW PARTY GUARANTEES OR WARRANTS THE PERFORMANCE OF ANY SUPPLIER OR OTHER THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE, OR THE CONFORMANCE OF ANY THIRD PARTY’S PRODUCT OR DESCRIPTION THEREOF, TO ANY LAW, RULE, REGULATION, OR POLICY. NEITHER GROUPCOW NOR ANY OTHER GROUPCOW PARTY WARRANTS THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM GROUPCOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR THAT THE SITE WILL BE DEFECT OR ERROR FREE. NO GROUPCOW PARTY WILL BE LIABLE IN ANY CASE FOR ANY DAMAGES OF ANY KIND ARISING, RELATED TO, OR IN ANY WAY CONNECTED WITH THE SITE, THE INFORMATION, CONTENT (INCLUDING THIRD-PARTY CONTENT), APPLICATIONS, MATERIALS, PRODUCTS (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES) OR SERVICES INCLUDED ON, SOLD THROUGH OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE USE OF THE SITE, ANY SUBMISSIONS, ANY LINKS ON THE SITE, ANY APPLICATIONS, ANY E-MAIL SENT FROM GROUPCOW OR ANY THIRD PARTY'S UNAUTHORISED ACCESS TO YOUR PERSONAL INFORMATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY GROUPCOW PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE GROUPCOW PARTIES ARISING FROM OR RELATED TO ANY PRODUCT ORDERED FROM THE SITE (INCLUDING COSMETIC PRODUCTS, PERSONAL CARE PRODUCTS, AND CONTACT LENSES), REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT.
WITHOUT LIMITATION TO THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW AND DISPUTES
Applicable Law
The Site is controlled, operated and administered by Groupcow (or its licensees or agents) from its offices within the Hong Kong Special Administrative Region and is not intended to subject Groupcow to the laws or jurisdiction of any state, country or territory other than that of the Hong Kong Special Administrative Region. By visiting the Site, you agree that the laws of the Hong Kong Special Administrative Region, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Groupcow or any other Groupcow Party.
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.
Disputes
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.
GENERAL
Severability
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Use.
Delay in Enforcement
No delay or failure to take action under these Terms of Use shall constitute any waiver by Groupcow of any provision of these Terms of Use.
Complete Agreement
These Terms of Use, together with Groupcow’s Privacy Policy and any other policies posted on the Site from time to time, constitute the complete agreement between you and Groupcow with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Groupcow.
Indemnification
You agree to defend, indemnify and hold harmless Groupcow and the other Groupcow Parties from and against any and all claims, damages, costs and expenses, including attorneys’fees, arising from or related to the use of the Site and any Content available on the Site, any breach of these terms of service and/or any Submissions submitted, in each case by you or any user of any of your accounts.
Modification to Terms of Use
Groupcow reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you, all Submissions and all other uses of the Site will be subject to the terms and conditions of these Terms of Use, which shall apply until Groupcow posts a modified Terms of Use and then in accordance with such modified Terms of Use.