COGO GROUP LTD., (dba “COGO”), (“COGO GROUP LTD.,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.joincogo.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective immediately, and your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Please read these terms of service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against COGO GROUP LTD. on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.joincogo.com/privacy and. All such terms are hereby incorporated by reference into these Terms of Service.
Services Description: The Service is designed to allow users to engage in view local events, claim local offers, join audio conversations, respond to Q&A polls and share ideas via articles with others around the world.
Your Registration Obligations: You may be required to register with COGO GROUP LTD. in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 17 years old to use the Service.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to (a) immediately notify COGO GROUP LTD. of any unauthorised use of your passcode or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. COGO GROUP LTD. will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: COGO GROUP LTD. reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that COGO GROUP LTD. will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that COGO GROUP LTD. may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on COGO GROUP LTD. servers on your behalf. You agree that COGO GROUP LTD. has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that COGO GROUP LTD. reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that COGO GROUP LTD. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding COGO GROUP LTD. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your COGO GROUP LTD. account information to ensure that your messages are not sent to the person that acquires your old number.
User Conduct: You are solely responsible for all audio, code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by COGO GROUP LTD. COGO GROUP LTD. reserves the right to investigate and take appropriate legal action against anyone who, in COGO GROUP LTD.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment method and provide COGO GROUP LTD. information regarding your payment instrument. You represent and warrant to COGO GROUP LTD. that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or payment card expiration date) that may occur. You agree to pay COGO GROUP LTD. the amount that is specified in the payment information in accordance with the terms of such plan and this Terms of Service. If you dispute any charges you must let COGO GROUP LTD. know within sixty (60) days after the date that COGO GROUP LTD. charges you. We reserve the right to change COGO GROUP LTD.’s prices. If COGO GROUP LTD. does change prices on a product or feature, COGO GROUP LTD. will provide notice of the change on the Site or in email to you, at COGO GROUP LTD.’s option, at least 15 days before the change is to take effect. Your continued use of the Service after the price change becomes effective, constituting your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.K. taxes based on COGO GROUP LTD.’s net income.
Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United Kingdom export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.K. export laws. Downloading or using the Software is at your sole risk. Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorised herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
COGO GROUP LTD. offers Software applications that may be made available through the Apple App Store, the Google Play Store or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilise any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
COGO GROUP LTD. and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by COGO GROUP LTD., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by COGO GROUP LTD. from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of COGO GROUP LTD., our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by COGO GROUP LTD.
The COGO GROUP LTD. name and logos are trademarks and service marks of COGO GROUP LTD. (collectively the “COGO Trademarks”). Other COGO GROUP LTD., product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to COGO GROUP LTD. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of COGO GROUP LTD. Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of COGO GROUP LTD. Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will COGO GROUP LTD. be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that COGO GROUP LTD. does not pre-screen content, but that COGO GROUP LTD. and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, COGO GROUP LTD. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by COGO GROUP LTD., in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant COGO GROUP LTD. and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to COGO GROUP LTD. are non-confidential and COGO GROUP LTD. will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that COGO GROUP LTD. may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of COGO GROUP LTD., its users and the public. By using the Service, you consent to having your audio temporarily recorded when you speak in a room. These temporary audio recordings are solely used for Trust & Safety incident investigations. For more details on how this works, please consult our Privacy Policy. You also understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: COGO GROUP LTD. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify COGO GROUP LTD. of your infringement claim in accordance with the procedure set forth below.
COGO GROUP LTD. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to COGO GROUP LTD. at support@joincogo.com. (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, COGO GROUP LTD. will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Services Description: In accordance with the DMCA and other applicable law, COGO GROUP LTD. has adopted a policy of terminating, in appropriate circumstances and at COGO GROUP LTD.'s sole discretion, users who are deemed to be repeat infringers. COGO GROUP LTD. may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. COGO GROUP LTD. has no control over such sites and resources and COGO GROUP LTD. is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that COGO GROUP LTD. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that COGO GROUP LTD. is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold COGO GROUP LTD. and its affiliates and their officers, employees, directors and agents (collectively, “Indemnities”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COGO GROUP LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COGO GROUP LTD. MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COGO GROUP LTD. WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COGO GROUP LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COGO GROUP LTD.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COGO GROUP LTD. IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS (£100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that COGO GROUP LTD., in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if COGO GROUP LTD. believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. COGO GROUP LTD. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that COGO GROUP LTD. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that COGO GROUP LTD. will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and COGO GROUP LTD.will have no liability or responsibility with respect thereto. COGO GROUP LTD. reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General: These Terms of Service constitute the entire agreement between you and COGO GROUP LTD. and govern your use of the Service, superseding any prior agreements between you and COGO GROUP LTD. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and COGO GROUP LTD. agree to submit to the personal and exclusive jurisdiction of the courts. The failure of COGO GROUP LTD. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of COGO GROUP LTD., but COGO GROUP LTD. may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
At COGO GROUP LTD., we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions? Please contact us at support@joincogo.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
