Terms and Conditions of Use

1. Acceptance of Terms and Conditions

By using http://www.CollectiveCow.com (the "Website" or "Collective Cow"), you ("you" or the "User") unconditionally agree to the terms and conditions that we ("Collective Cow" ) have provided herein for use of this Website. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using this Website.

2. General

"Collective Cow" provides an interactive online service owned and operated through the Website on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by Collective Cow, its subsidiaries and its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website ("Third Party Content Providers"), third parties that provide advertising services to Collective Cow ("Third Party Advertisers") and third parties that perform function on behalf of Collective Cow like sending out and distributing our administrative and promotional emails and sms ("Third Party Service Providers"). This Agreement sets forth the terms and conditions that apply to the use of this Website by the User. The right to use this Website is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User's password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Collective Cow, and Collective Cow shall not be responsible for any data lost while transmitting information on the Internet. While it is Collective Cow´s objective to make the Website accessible at all times, the Website 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 the control of Collective Cow, access to the Website may be interrupted, suspended or terminated from time to time. Collective Cow reserves the right, in its sole discretion, to terminate the access to any or all Collective Cow websites and the related services or any portion thereof at any time, without notice. Collective Cow shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, Collective Cow may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

3. Modified Terms

Collective Cow reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website, you are agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Collective Cow's posting thereof. Any use of the Website by User after such notice shall be deemed to constitute acceptance by User of such modifications.

4. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Collective Cow shall not be liable for any damages to the User's equipment resulting from the use of this Website.

5. User Conduct

This Website is private property. All interactions on this Website must comply with these Terms of Use. User shall not post or transmit through this Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Collective Cow's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Collective Cow's exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website is strictly prohibited. User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Collective Cow.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of Collective Cow, its subsidiaries, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Purchase and Redemption of Collective Cow Vouchers

Collective Cow provides an opportunity to its Users to avail value deals from a number of merchants, including but not limited to restaurants, with whom Collective Cow has an association ("Institutions”) at discounted prices by issue of vouchers ("Collective Cow  Vouchers”) which can be redeemed up to a certain validity period from outlets of the Institutions. In order to purchase Collective Cow Vouchers, the User would be required to create an account on the Website. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences. By placing an order on the Website, you make an offer to us to purchase Collective Cow Vouchers for buying / availing specific products and/or services which you have selected based on Collective Cow´s standard terms and conditions ("Standard Terms and Conditions”), Institution -specific restrictions ("Specific Terms and Conditions”), and on these Terms of Use. All Collective Cow Vouchers are promotional vouchers and shall be subject to the Standard Terms and Conditions and Specific Terms and Conditions. Collective Cow Vouchers are issued on behalf of the Institutions and only such Institutions, to the exclusion of Collective Cow, shall be responsible for any and all injuries, illnesses, damages, charges, expenses, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Institutions or which arises out of the goods and/or services provided by the Institutions, as well as for any unclaimed property liability arising from unredeemed Collective Cow Vouchers.

7. Standard Terms and Conditions (for Restaurant-Specific Collectiveow Vouchers)

  • For this section, "Restaurant shall be defined as an Institution who offers food and beverages for sale in its regular business operations, and is making such food and beverages available to purchasers of Collective Cow Vouchers. In this respect, the following shall constitute as Standard Terms and Conditions for redeeming Collective Cow Vouchers:
  • Collective Cow shall not be responsible for the quality of services provided by the Restaurant, and the same shall be the sole responsibility of the Restaurant.
  • No refunds shall be granted for Collective Cow Vouchers.
  • Collective Cow Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
  • Collective Cow Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Collective Cow Vouchers.
  • Validity period for redemption of Collective Cow Vouchers is determined by Restaurants, and shall be mentioned on Collective Cow Vouchers.
  • Use of Collective Cow Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is further subject to all applicable laws.
  • It is at the discretion of the Restaurant to determine whether Collective Cow Vouchers can be combined with any other Restaurant vouchers, third party vouchers, coupons, or promotions and the like.
  • Collective Cow Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
  • Collective Cow Vouchers are valid for dine in only unless otherwise stated.
  • The issuing of restaurant credit is at the sole discretion of the Restaurant.
  • Neither Collective Cow nor the Restaurant is responsible for lost or stolen Collective Cow Vouchers or the reference numbers mentioned on it.
  • Reproduction, sale or trade of Collective Cow Vouchers is strictly prohibited.
  • Any attempted redemption not consistent with these terms & conditions will render the Collective Cow Voucher void and invalid.
  • Collective Cow Voucher will expire on the date specified on it.

8. Standard Terms and Conditions (for Non-Restaurant Collective Cow Vouchers).

The following shall constitute as Standard Terms and Conditions for redeeming Collective Cow Vouchers for purchasing goods and/or services from Institutions other than Restaurants:

  • Collective Cow shall not be responsible for the quality of products and/or services provided by the Institution, and the same shall be the sole responsibility of the Institution.
  • No refunds shall be granted for Collective Cow Vouchers.
  • Collective Cow Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
  • Collective Cow Vouchers can be redeemed only after due verification of the customer including, without limitation, matching the unique identification number provided to the customer at the time of purchase of Collective Cow Vouchers.
  • Collective Cow Vouchers may be applied only to purchase the merchandise sold by the Institution, and may not be applied to shipping or handling charges.
  • Limit one (1) Voucher per redemption. Only one Voucher can be used per visit unless otherwise specified by the Institution.
  • The issuing of credit is at the sole discretion of the Institution.
  • Neither Collective Cow nor the Institution is responsible for lost or stolen Collective Cow Vouchers or the reference number mentioned on it. Collective Cow Vouchers cannot be combined with any other gift vouchers, third party vouchers, coupons, or promotions, unless otherwise specified by the Institution.
  • Reproduction, sale or trade of Collective Cow Vouchers is strictly prohibited.
  • Any attempted redemption not consistent with these terms and conditions will render the Collective Cow Voucher void and invalid.
  • Collective Cow Voucher will expire on the date specified on it.

9. Purchase and Sale of Products and/or Services

Collective Cow takes no responsibility for the services and/or products for which Collective Cow Vouchers may be redeemed. Further, Collective Cow makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the Collective Cow Voucher may be redeemed. Some services for which Collective Cow Voucher(s) can be redeemed are activities that involve potential bodily harm (such as whitewater rafting, etc), and for those activities, Collective Cow takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilising the services for which the Collective Cow Voucher can be redeemed. As a condition of purchase, Collective Cow requires your permission to send you administrative and promotional emails. Periodically, we will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.

10. Copyright and Trademarks

Everything located on or in this Website, is the exclusive property of Collective Cow or used with express permission of the copyright and/or trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and / or criminal penalties.

This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Collective Cow protected by copyright as a collective work under the Indian copyright laws. Collective Cow owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download / print / save copyrighted material for User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Collective Cow and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a Web site otherwise owned or operated in conjunction with Collective Cow shall not be deemed to be in the public domain but rather the exclusive property of Collective Cow, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Collective Cow, unless otherwise provinced. User shall not upload, post or otherwise make available on this Website 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. Collective Cow does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, User warrants that the owner of such material has expressly granted Collective Cow the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Collective Cow the right to edit, copy, publish and distribute any material made available on this Website by User.

The foregoing provisions of Section 10 apply equally to and are for the benefit of Collective Cow, its subsidiaries, Business Associates and Third Party Content Providers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

11. Disclaimer of Warranty; Limitation of Liability

USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER'S SOLE RISK. NEITHER COLLECTIVE COW, ITS SUBSIDIARIES AND BUSINESS ASSOCIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS WARRANT THAT USE OF THE WEBSITE 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 WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MINISITES.

THIS WEBSITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COLLECTIVE COW IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

IN NO EVENT SHALL COLLECTIVE COW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MINISITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MINISITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER COLLECTIVE COW, NOR ITS SUBSIDIARIES AND BUSINESS ASSOCIATES, THIRD PARTY SERVICE PROVIDERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MINISITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

COLLECTIVE COW IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORISED USER MAY POST ON THIS WEBSITE OR ANY OF THE MINISITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY COLLECTIVE COW. MOREOVER, COLLECTIVE COW RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, COLLECTIVE COW, DEEMS UNSUITABLE.

12. Monitoring

Collective Cow shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Collective Cow, as well as to satisfy any applicable law, regulation or Authorised government request. Without limiting the foregoing, Collective Cow shall have the right to remove any material that Collective Cow, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

13. Privacy

User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. Collective Cow does not control or endorse the content, messages or information found in any Community, and, therefore, Collective Cow specifically disclaims any liability concerning the Communities and any actions resulting from Users participation in any Community, including any objectionable content. Generally, any communication which User posts on the Website (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Collective Cow as confidential, that fact will be provinced on those pages. By posting comments, messages or other information on the Website, User grants Collective Cow the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Collective Cow's Privacy Policy.

14. License Grant

By posting communications on or through this Website, User shall be deemed to have granted to Collective Cow a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication 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.

15. Indemnification

User agrees to defend, indemnify and hold harmless Collective Cow, its subsidiaries and Business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Minisites by User.

16. Termination

Collective Cow may terminate this Agreement at any time. Without limiting the foregoing, Collective Cow shall have the right to immediately terminate any passwords or accounts of User in the event of any conduct by User which Collective Cow, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires including Sections10, 11, 14, 15, 16 will survive termination of this Agreement.

17. Third Party Content.

Collective Cow, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Collective Cow has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Users are those of the respective author(s) or distributors) and not of Collective Cow. Neither Collective Cow nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 11 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, User, or other user not under contract with Collective Cow. Collective Cow neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than Authorised Collective Cow employee spokespersons while acting in official capacities. Under no circumstances will Collective Cow be liable for any loss or damage caused by n User's reliance on information obtained through the Website. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.

The Website contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Collective Cow of the contents on such third-party sites and Collective Cow hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If User decides to access linked third-party Web sites, User does so at its own risk. Unless you have executed a written agreement with Collective Cow expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Collective Cow reserves the right to revoke its consent to any link at any time in its sole discretion.

19. Force Majeure

Without prejudice to any other provision herein, Collective Cow shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the Collective Cow's control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of Collective Cow's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.

20. Miscellaneous

This Agreement and any operating rules for the Website established by Collective Cow constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Collective Cow´s headquarters are in Johannesburg, South Africa. Legal issues arising out of, but not exclusive to the use of, this Website (unless otherwise specifically stated) are governed by and in accordance with the laws of South Africa.

21. Contact Details

Tel: 011 4404841
Email: info@collectivecow.com