WELCOME TO THE CLUB

Thank you for choosing to CupClub™ and for joining the reusable revolution. We hope you enjoy using our products and services – we are certain that you will. Please take the time to read through these terms and conditions (the “Terms”). These Terms will apply to your use of our website (if at all) and the CupClub App (the “App”), as well as the use of our services and products, and any other online services or programs that we may offer (which we’ll together refer to as the “Services”).

Acceptance of the Terms

These terms are entered into by and between you and CupClub Limited (the “CupClub”, “we” or “us”). CupClub is a limited company incorporated England. Please feel free to send an email to hello@cuplub.com if you’d like to find out anything more about us.

By accessing or using our Services, you accept to be bound and abide by these Terms.

Our Services are offered and made available to users who are 18 years of age (or the minimum legal age in your country) or older and agree to be bound by the laws in which you are accessing our Services. For example, if you are using the Services in England, you agree to be bound by the laws of England and Wales, and if you are using the Services in the United States of America, you agree to be bound by the federal and state laws that may apply to you. If you’re based in the EEA, you can only use CupClub if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use has been provided to us.

By using our Services, you represent and warrant that you are of legal age to form a binding contract and that you have the legal capacity to do so with CupClub.

HOW YOU CAN AND CANNOT USE CUPCLUB

You are allowed to use the Services as long as you:

Use the Services only for the purposes expressly allowed by these Terms and do not breach any of the terms set out here;
Do not alter, modify, copy or distribute any part of these Services in any medium whatsoever;
Do not attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services or servers, by hacking, password “mining” or any other illegitimate means;
Do not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted through the Services, or with any other person’s use of the Services;
We have not previously disabled your account for violation of law or our policies; Comply with any applicable laws or regulations regarding online conduct and acceptable content; and
Comply with these Terms.

Although we have no obligation to monitor any person’s use of the Services, we reserve the right at all times to

Monitor the use of the Services for breaches of these Terms;
Take appropriate legal action against anyone who, in our sole discretion, breaches the law or these Terms;
Monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or other government inquiry; and,
Otherwise manage our Services in a manner designed to protect our rights and to facilitate the proper delivery of our products and services.

CupClub Accounts, Passwords and Security

In order to access some Services, you may need to create an account. When opening your CupClub account, you must provide accurate and complete information. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failure to keep this information secure and confidentiality. Please let us know if you think that your account has been hacked or otherwise compromised.

Use of Services

You agree to be responsible for all use of the Services (as well as for the use of your account by others, including without limitation any minors). This includes but is not limited to all financial responsibility. Interactive Services

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Privacy

Our privacy policy, which sets out how we will use your information, can be found in the CupClub Privacy Policy here. By using our Services, you consent to the processing described therein and warrant that all data provided by you is accurate. The Privacy Policy forms part of these Terms.

Termination of Use

Notwithstanding any of these Terms, we reserve the right, without notice and at our sole discretion, to terminate or suspend your account and access to the Services and to block or prevent your future access and use of the Services. If necessary, we may also remove any content or information that you have shared if we believe it has violated these Terms.

Depending on the severity of any breach or action by you, we also reserve the right at our sole discretion to commence legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and we may agree to the disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

Links to Third Party Sites

We may include links to third party platforms or apps ("Linked Sites"). The Linked Sites are not under the control of CupClub and CupClub is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CupClub is not responsible for webcasting or any other form of transmission received from any Linked Site. CupClub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CupClub of the site or any association with its operators. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Intellectual Property

All intellectual property rights in our Services throughout the world belong to us. You have no intellectual property rights in, or to, any part of the Services other than the right to use them in accordance with these Terms. Please respect our intellectual property rights.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service. To the extent that you use any part of our Services, you grant to CupClub a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publically perform or display, translate and create derivative works of your content (consistent with your profile settings). Indemnity

You agree to indemnify and hold CupClub, its officers, directors, shareholders, predecessors, successors, assigns, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, damages, judgments, costs, expenses (including attorney fees) arising out of or relating to your violation of these Terms of Use or use of the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUPCLUB, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SERVICES, ANY CONTENT ON THE WEBSITE, APPLICATION OR ANY SERVICES, ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (AS APPLICABLE ACCORDING TO YOUR RELATIONSHIP WITH CUPCLUB, WHETHER AS A BUSINESS USER OR AS A CONSUMER). IN NO EVENT SHALL CUPCLUB’S AGGREGATE LIABILITY FOR ALL ELIGIBLE AND VALID CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED BRITISH POUNDS (GBP 100) (OR THE EQUIVALENT THEREOF).

Disclaimer of Warranties

CUPCLUB DOES NOT PROMISE THAT THE WEBSITE, OR APPLICATION OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICES WILL BE ERROR-FREE. CUPCLUB IS PROVIDING THE SERVICES TO THE USER “AS IS” AND THE USER IS USING THE SERVICES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, CUPCLUBS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUS, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SERVICES BY THE USER IS IN COMPLIANCE WITH THE LAWS APPLICABLE TO THE USER, OR THAT THE USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SERVICES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF ANY PART OF THE SERVICES AND ANY LINKED SITES.

Governing law and what happens if there is a dispute.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute that you have that arises out of or relates to these Terms and you can resolve your claim in the country that has jurisdiction over your claim.

If you are a business user, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. Severability

If any of the provisions of these Terms shall be deemed unlawful, void or for any reason unenforceable by a competent court, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Assignment

These Terms, and any rights and licences granted here, may not be transferred or assigned by you, but may be assigned by CupClub without restriction.

No waiver

No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CupClub’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Changes to these Terms.

CupClub reserves the right to change, modify, add or remove any of these Terms at any time and at its sole discretion. We will give you at least 30 days’ notice of any changes or notify you of the changes when you next access the Services. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these Terms will mean that you accept and agree to the changes.

Entire Agreement

These Terms constitute the sole and entire agreement between you and CupClub with respect to the Services and supersede all prior understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Services is CupClub Limited. To file a complaint regarding the Services or to receive further information regarding the use of the Services, contact CupClub via email (with “California Resident Request”) as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Services in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210 Contact

Any questions, complaints, or claims regarding the Services, or these Terms should be directed to:

CupClub Limited, 2 Darley Drive, New Malden KT3 3AS (GB)

Email: hello@cupclub.com

Effective: 7 February 2020.

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