THE SACRED CROW'S TERMS OF USE

Last updated October 14, 2024

The Sacred Crow (“The Sacred Crow”, “We”, “Our”, “Us”) grants you (“You”, “Customer”) access to its website: https://www.thesacredcrow.com (the “Site”), as well as any other related products, under the condition that you accept the Terms of Use, Privacy Policy, Cookie Policy and Shipping Policy.

These Legal Terms (the “Legal Terms”)(collectively, the “Services”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and The Sacred Crow, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL THESE LEGAL TERMS AND THE PRIVACY POLICY, DO NOT USE THE SITE.

Furthermore, we reserve the right, at our sole discretion, to refuse or terminate service to any individual or entity at any time, if it is determined that our services are being misused or otherwise utilized in a manner inconsistent with the terms and conditions of this agreement. Our site may only be used if the individual can form legally binding contracts under applicable laws, and any minor dependents (generally under the age of 18) must have the permission of a parent or guardian that represents the legal age of majority in the state or province they reside in to use the Platform.

1. PRIVACY POLICY

We are committed to protecting the privacy of our customers. Any data collected by us will be used solely for the purpose of enhancing the customer experience. Under no circumstances will such data be shared with any third party, except when required by law or with the explicit consent of the customer. In cases where sharing is legally mandated, we will only disclose the minimum necessary information as required by the law. For further information regarding The Sacred Crow’s processing of your personal data, please review our Privacy Policy: https://thesacredcrow.com/policies/#privacy-policy

2. Intellectual Property

All content and materials related to The Sacred Crow, including but not limited to works of authorship: trademarks, functionality, trade dress, features, and other intellectual property, are the exclusive property of The Sacred Crow or its licensors. This includes, without limitation, any designs, logos, product descriptions, reviews, comments, messages, communications, feedback, and any other associated information or materials (collectively referred to as “Materials”).

The selection, arrangement, and overall design of The Sacred Crow website or any related platforms, as well as the associated merchandise information, page headers, icons, photographs, software, music clips, video clips, and written content, are protected by international laws governing copyright, trademark, patent, trade secret, and other proprietary rights.

The customer is allowed to view, download, and print the Materials for personal, non-commercial use, subject to compliance with these terms. Under no circumstances shall the customer alter, modify, or make any changes to the Materials in any way, shape, or form. Any such alteration or modification constitutes a violation of the terms of this agreement and may result in legal action.

You may not reproduce, publish, distribute, display, sell, or exploit any of the Materials or associated intellectual property without prior written permission from The Sacred Crow.

3. Accounts

You are solely responsible for maintaining the confidentiality of your login credentials, including but not limited to your username and password. We strongly advise you against sharing your account details with any third party. Should you choose to share such information, you do so at your own risk, and you shall bear full responsibility for any and all actions or omissions conducted under your account, regardless of whether such actions were authorized by you.

We disclaim any liability for unauthorized access resulting from the sharing of your login credentials. With that exception, we assure you that your login credentials will be securely maintained and encrypted at all times. Reasonable and appropriate security measures will be employed to protect such information from unauthorized access, disclosure, or misuse.

If you’re having any issues with your account, please contact us at [email protected]

4. ORDERS AND PAYMENT

The Sacred Crow reserves the right to cancel or refuse to accept any order for any reason, without limitation. Such reasons may include, but are not limited to:

i. Issues related to stock availability
ii. High-risk payment transactions
iii. Suspected fraudulent activity.

This right may be exercised at any time, and no order shall be considered accepted until confirmed by us. In the event of pricing or typographical errors, we reserve the right to cancel or adjust any orders placed under incorrect pricing. If the customer has already been charged, a full refund will be issued upon request to the original payment method within a 28 day period. However, it’s important to note that shipping and handling fees are non-refundable.

The total purchase price, including VAT and delivery charge, will be displayed in the checkout page prior to confirming the order. Product prices are subject to change at any time, without notice.

5. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, The Sacred Crow hereby disclaims any and all liability for indirect, incidental, special, consequential, or punitive damages, as well as for any loss of profits, revenues, data, goodwill, or other intangible losses, arising from or related to:

i. The use or inability to use the website or services provided by The Sacred Crow;
ii. Any unauthorized access to or use of the servers of The Sacred Crow or any personal information stored therein;
iii. Any interruption or cessation of transmission to or from the website;
iv. The transmission of any bugs, viruses, or harmful content through the website by third parties;
v. Any errors or omissions in the content of the website or any loss or damage incurred as a result of using content made available through the website.

In the event of any claim brought against The Sacred Crow, the maximum amount recoverable by the claimant shall be strictly limited to the total price paid for the specific product that is the subject of the claim. This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), or any other theory, and regardless of any prior knowledge The Sacred Crow may have had about the possibility of such damages.

However, The Sacred Crow acknowledges that it shall remain liable for any claims arising from its own negligence, or the negligence of its employees or agents, specifically in cases resulting in death or personal injury. In such instances, the limitation of liability stated herein shall not apply, ensuring that The Sacred Crow cannot avoid responsibility for serious matters resulting from its negligent actions.

6. PRODUCT

For all products offered for sale by The Sacred Crow, the company provides high-quality images and detailed information concerning the product and its material. The Sacred Crow expressly warrants that the images displayed on its website or marketing materials accurately depict the same product that will be shipped to the customer. However, it is acknowledged that slight variations in color may occur due to differences in lighting conditions at the time the product is viewed.

7. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold The Sacred Crow, its officers, directors, employees, agents, and affiliates, harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) incurred as a result of, or arising out of, your use of the Site, your breach of these Terms and Conditions, or your violation of any rights of a third party.

8. SEVERANCE

In the event that any term or provision of these Terms and Conditions is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions. The remaining provisions shall continue in full force and effect as though these Terms and Conditions had been executed without the inclusion of the illegal, invalid, or unenforceable provision.

9. FORCE MAJEURE

The Sacred Crow shall bear no liability for any delay or inability to fulfill its obligations arising from events or circumstances beyond its reasonable control. Such events may include, but are not limited to, natural disasters, strikes, lockouts, accidents, acts of war, fire, failures in communication, telecommunications, or computer systems, equipment or machinery malfunctions, or the shortage or unavailability of raw materials from natural supply sources. In such cases, The Sacred Crow shall be granted a reasonable extension of time to perform its obligations.

10. DISPUTE RESOLUTION
– Informal Negotiations

To expedite resolution and control the cost of any dispute, controverst, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes“) brought by either you or us (individually, a “party” and collectively, the “parties“), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written cnotice from one Party to the other Party.

– Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be Prishtina, Kosovo. The language of the proceedings shall be English / Albanian (Shqip). The governing law of these Legal Terms shall be substantive law of Kosovo.

– Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

– Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

11. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

12. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

13. USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to create, submit, post, display, transmit, perform or publish content and materials to us or on the Services, including but not limited to text, writings, video, photographs, graphics, comments, suggestions, or other material (collectively, class). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

i. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

ii. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

iii. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

iv. Your Contributions are not false, inaccurate, or misleading.

v. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

vi. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)

vii. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

viii. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

ix. Your Contributions do not violate any applicable law, regulation, or rule.

x. Your Contributions do not violate the privacy or publicity rights of any third party.

xi. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

xii. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

xiii. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

14. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

15. CHANGES TO TERMS OF USE

The Sacred Crow reserves the right to change its Terms without any prior notice to Customers. Once we modify these Terms, we will update the “Date Last Modified” and notify the Customers by prominently posting a notice on the Website and/or to the e-mail addresses they have provided us. The modified Legal Terms will become effective upon being published. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

16. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

17. GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Kosovo, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Kosovo.

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