KeepCup's websites and related services are made available to you in accordance with the following terms and conditions, and any other rules posted on our sites (collectively, "Website Terms"). Please read these Website Terms carefully before using the Site.
By using the Site, you acknowledge and agree that you have had sufficient opportunity to read and understand these Website Terms and that you agree (and have capacity) to be bound by them. If you do not or cannot agree to these Website Terms, you are expressly prohibited from using the Site and must discontinue use immediately.
We may modify these Website Terms from time to time. Please read these Website Terms and check back often as you are responsible for staying informed of updates. Your continued use of the Site after any changes are made to these Website Terms will be deemed to constitute your acceptance of those changes. If you do not agree to any change to these Website Terms then you must immediately stop using the Site.
In these Website Terms, unless the contrary intention appears:
"KeepCup" / "we" / "us" / "our" means KeepCup Pty Ltd;
"you" / "your" means you, being a user of the Site or our products and services;
"Site" means our website www.au.keepcup.com or localised domains;
"Your Content" means content that you create, upload, share, transmit, post, display, perform, publish, distribute or broadcast to or through or in connection with the Site, including but not limited to text, writings, images, photographs, audio, video, graphics, comments, suggestions, feedback, location data, nearby places, reviews and all other forms of information or data;
"Our Content" means content that we create and make available in connection with the Site and our products and services including, but not limited to, software, all source code, products, computer code, databases, functionality, visual interfaces, interactive features, graphics, design, compilation, reports, images, photos, audio, video, text and other usage-related data, and all other elements and components of the Site and our products and services, excluding Your Content and Third Party Content;
"Third Party Content" means content, including text, writings, images, photographs, audio, video, graphics, information, applications, software and other content or items belonging to or originating from parties other than KeepCup or a user and which is available on or through the Site.
Your general obligations regarding use of the Site
You agree to use the Site for personal purposes only and in accordance with these Website Terms and all applicable laws, regulations and generally accepted online practices or guidelines. The Site may not be used in connection with any commercial endeavours unless specifically endorsed or approved by us.
Any user ID and password you may have for the Site is confidential and you are responsible for maintaining the confidentiality of your account and password.
You must not:
- use the Site for any purpose that is unlawful or prohibited by these Website Terms;
- attempt to copy, duplicate or reproduce the Site;
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- make any unauthorised use of the Site,
- use a buying agent or purchasing agent to make purchases on the Site;
- use the Site to advertise, market or offer to sell products and services;
- use any device, routine or software to crash, delay, or otherwise damage the operation of the Site or engage in any activity that disrupts or interferes with the Site, including the servers and/or networks to which the Site is located or connected;
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein;
- engage in unauthorised framing of or linking to the Site;
- make improper use of our support services or submit false reports of abuse or misconduct;
- access (or attempt to access) any of the information available through the Site by any means other than through the means we provide;
- engage in any automated access or use of the system or Site, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Site or the networks or servers connected to the Site;
- attempt to impersonate another user or person or use the details of another user;
- use any information obtained from the Site, or take any action in connection with the Site, to disparage, defame, harass, abuse, or harm another person or infringe on their rights;
- use the Site as part of any effort to compete with us or otherwise use the Site for commercial gain;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any part of them;
- delete the copyright or other proprietary rights notice from any of Our Content;
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- create, upload, share or transmit any content, in connection with the Site, which would breach the representations and warranties you have made in these Website Terms.
Although we have no obligation to monitor any person's use of the Site, we reserve the right at all times to:
- monitor use of the Site for breaches of these Website Terms;
- take appropriate legal action against anyone who, in our sole discretion, breaches the law or these Website Terms;
- monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or other governmental inquiry;
- revoke or restrict access to, disable, remove or limit the availability of, the Site, Your Content, or any portion of them; and
- otherwise manage the Site in a manner designed to protect our rights and to facilitate the proper delivery of our products and services.
Eligibility to purchase on the Site
Any purchase made on the Site will be subject to our Sale Terms
In order to make purchases on the Site you must be at least 16 years of age and provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated.
You will be required to provide payment details that you represent and warrant are both valid and correct, and by doing so you confirm that you are the person referred to in the billing information.
Online sales are only for individual customers and not for wholesale or resale customers.
Only individuals who meet these eligibility criteria, who have been issued a valid credit/debit card by a bank acceptable to KeepCup, whose applications are acceptable to KeepCup and who have authorised KeepCup to process a charge or charges on their credit/debit card in the amount of the total purchase price for the products which they wish to purchase, are permitted to make purchases on the Site.
KeepCup reserves the right to restrict multiple quantities of an item being purchased by or shipped to any one customer or postal address.
Credits and returns
Please refer to our General Terms & Conditions of Sale in relation to warranties, returns and refunds for purchases made on the Site.
Our Content is provided on an "as is" basis for your information and personal use only. Unless otherwise indicated, the Site, Our Content and all copyrights, trademarks, service marks, logos, trade names, trade dress, designs and other intellectual and proprietary rights contained therein ("IP Rights"), are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and laws.
You acknowledge that the Site and Our Content contain original works and have been created, developed, prepared, and compiled by us through the application of considerable time, effort and expense and that they are of considerable value to us. You agree to protect the Site, Our Content and our IP Rights during and after the term of any agreement between you and us created by these Website Terms.
Except as expressly provided in these Website Terms, you agree that you will not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, reverse engineer or otherwise exploit for any commercial purpose whatsoever, any part the Site, Our Content or IP Rights, without our express prior written permission.
You are granted a limited licence only for the purposes of viewing the Site and Our Content, and using any functional aspects of the Site (such as "design your own" Keepcup), when you use this Site and only to the extent that your use does not violate these Website Terms.
We reserve all rights not expressly granted to you in and to the Site, Our Content and our IP Rights.
In using the Site, you may be invited to create, upload, share, transmit, post, display, perform, publish, distribute or broadcast Your Content to or through or in connection with the Site. By doing so:
- you consent to any act or omission which would otherwise constitute an infringement of your moral rights;
- you represent and warrant to us that you have the capacity and all necessary rights to grant the licences and consents set out herein.
We do not assert any ownership over Your Content. You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. We are not liable for any statements or representations in Your Content. You expressly agree to release us from any and all liability, and to refrain from any legal action against us, in connection with Your Content.
The Site is available to the public, therefore any information you consider confidential should not be posted to the Site.
We are under no obligation to monitor Your Content and do not warrant that Your Content is or will be monitored. However, we have the right, in our sole and absolute discretion to edit, redact, or otherwise change any of Your Content, move or delete any of Your Content, or to not publish Your Content, at any time and for any reason, without notice.
You further acknowledge that you are solely responsible for Your Content and represent and warrant that:
- you are the creator and the owner of Your Content and it does not and will not infringe the proprietary or intellectual property rights of any third party;
- Your Content is not false, inaccurate, or misleading, and does not and will not cause you or us to breach any law, regulation, rule, code or other legal obligation;
- Your Content does not violate the privacy or publicity rights of any third party;
- if Your Content relates to a review or rating, you have had firsthand experience with the matter being reviewed, you are not affiliated with any competitor if posting a negative review, you have not made any conclusions as to the legality of any conduct, and you are not organizing a campaign to encourage others to post reviews;
- Your Content does not impersonate any person or entity, including any of our employees or representatives;
- Your Content does not contain any viruses, Trojan horses or other disabling devices which interferes or may interfere with the operation of the Site, or which alters or deletes any information which you have no authority to alter or delete, or which overloads the Site by spamming or flooding them;
- Your Content does not and will not interfere with a party's uninterrupted use and enjoyment of the Site or modify, impair, disrupt, alter, or interfere with the use, features, functions, operation, or maintenance of the Site;
- Your Content does not otherwise violate, or link to material that violates, any provision of these Website Terms, or any applicable law or regulation.
Any use of the Site in breach of the matters set out above breaches these Website Terms and may result in, among other things, termination or suspension of your rights in connection with the Site.
Third Party Websites and Third Party Content
The Site may contain links to other websites ("Third Party Websites") and may include Third Party Content.
We should not be taken as having reviewed, investigated, monitored, endorsed or approved Third Party Websites or Third Party Content and we are not responsible for any Third Party Websites or Third Party Content accessed or available through the Site.
We do not warrant that any links to Third Party Websites work, are up to date or are safe and we do not accept any responsibility for or liability in relation to them or in respect of any Third Party Content. The use of or reliance on any Third Party Websites or Third Party Content is entirely at your own risk.
Intellectual property rights and KeepCup authenticity
We enforce our intellectual property rights for our products, including, but not limited to, our ownership of the distinctive KeepCup product designs as well as our other trademarks, copyrights and patents worldwide. Our brand protection enforcement efforts take many forms. There are many features that customers can use to identify and authenticate a KeepCup product, including but not limited to, our trademarks, reputable and authorized retailers and unique packaging.
We prohibit our authorized retailers, resellers, international distributors and other partners from selling on online marketplaces or other discount retailers.
If you find a imitation KeepCup, please let us know by contacting our Customer Service with a description and any accompanying information you can provide, including photographs or images from the Internet.
Modifications, interruptions and products displayed on the Site
We reserve the right to change, modify, or remove the Site or Our Content at any time or for any reason at our sole discretion without notice.
We will not be liable to you or any third party by reason of our withdrawing any products from the Site (whether or not the products have been sold), for any modification, price change, suspension, or discontinuance of the Site, for removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Nothing in these Website Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection with the Site.
Payments on the Site
All payments on the Site are processed by PayPal or Eway. We do not store credit/debit card details nor do we share customer details with any other third parties.
Payment will be debited and cleared from your account at the time of purchase. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to KeepCup, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
Safeguarding your personally identifiable information and privacy
We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with, when you place an order or access your account information, in compliance with our legal obligations.
If you believe that information has been provided to us and/or made available through the Site in violation of your rights, please email us at firstname.lastname@example.org or contact us via our Contact page.
Electronic communications, transactions and signatures
You consent to receiving electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Commercial wholesale site
For commercial KeepCup customers, resellers and distributors who have been appointed by our sales team, the Site may be used subject to these Website Terms, the General Terms & Conditions of Sale and Additional B2B Terms and Conditions of Sale, brand guidelines and distribution agreements.
Disclaimer and limitation of liability
This Site is provided on an "as is" and "as available" basis. You agree that your use of the Site will be at your sole risk.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors.
To the maximum extent permitted by law, neither KeepCup or its officers, directors, employees, agents, representatives, subcontractors or suppliers make any guarantees, representations or warranties to you that:
- the Site, or any information obtained through the Site, are accurate, reliable, up to date, complete or free from any errors;
- the Site, or the use of any information through the Site, will meet your needs or requirements;
- any defects in the Site, or in any information obtained through the Site, will be repaired or corrected;
- the Site will generally available or uninterrupted;
- content available for downloading through the Site or delivered electronically will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Except for any liability which cannot be excluded by law, KeepCup and its officers, directors, employees, agents, representatives, subcontractors or suppliers will not be liable for and exclude all liability for any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss or loss of opportunity) howsoever caused (including without limitation by reason of misrepresentation, negligence, tort, breach of contract or breach of statutory duty) which may be incurred by you or any other party arising out of or related to:
- your use or misuse of the Site;
- any breach by you of these Website Terms or the warranties contained herein;
- unlawful use of the Site;
- our cancellation of the Site;
- any errors or inaccuracies in any information obtained through the Site;
- any decision made or action taken by you or anyone else in reliance on any information obtained through, or omitted from the Site;
- any interruption or cessation of transmission to or from the Site;
- any inability to access or use the Site (whether during any downtime or discontinuance of the Site, or otherwise);
- any problems or technical malfunction (whether or not under our control) of any communication network, telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or on any website, or any combination thereof, including but not limited to any injury or damage to your computer or device or any other person’s computer or device related to or arising from your use of the Site;
- any third party interference or unauthorised access to or use of your personal and/ or financial information contained therein;
- any loss of data or Your Content;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party;
- any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Site;
- any product or service advertised of offered by a third party through the Site, or any hyperlinked website;
- any failure by us to meet any of our obligations under these Website Terms where such failure is due to events beyond our reasonable control, including without limiting the foregoing, any breach of the security safeguards of the Site or third-party sites or services used in connection with the Site.
You agree to fully indemnify KeepCup and our officers, directors, employees, agents, representatives, subcontractors and suppliers, and keep us fully indemnified, from and against any claims, losses, damages, costs, expenses, liabilities or proceedings arising from of or in connection with:
- Your Content and our use of Your Content;
- your use of the Site;
- use of the Site by any other person using your Internet account as a result of your actions or omissions;
- your use of, or reliance on, any information obtained through the Site;
- your conduct in connection with the Site, including any breach by you of these Website Terms;
- any breach by you of the representations and warranties you have made as set out in these Website Terms;
- any breach by you of the rights of any third party, including but not limited to, intellectual property rights;
- any harm, loss or damage you have caused to any other person in connection with the Site;
- any malicious damage or interference you cause to the Site or any other of our marketing and social media platforms and accounts.
Notwithstanding the matters set out above, we reserve the right, at your expense, to assume defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.
Nothing in these Website Terms limits, excludes or modifies, or purports to limit, exclude or modify the statutory consumer guarantees or implied warranties as provided under any applicable consumer laws and these Website Terms are to be read subject to any such laws. If such legislation applies, to the extent that our liability cannot be excluded by law, we limit our liability in respect of any claim to the total amount paid by you (if any) for any chargeable products or services purchased by you, plus the costs of shipping.
If you are unhappy with the service you have received or any aspect of the Site, please notify us through our help centre with a subject line 'COMPLAINT' or telephone your nearest office. We take your feedback very seriously and will endeavour to investigate the matter fully.
If you have any queries regarding these Website Terms, wish to obtain further information regarding the Site or our products and services, need to notify us in relation to any matter relating to the Site, or have any other queries, please contact us.
Assignment: KeepCup is allowed to assign, transfer, and subcontract its rights and/or obligations under these Website Terms without any notice to you. However, you must not assign, transfer, or subcontract any of your rights and/or obligations hereunder without our prior approval.
Entire Agreement: Unless otherwise stated, and to the maximum extent permitted by law, these Website Terms constitute the entire agreement of the parties about their subject matter and supersede all other representations, arrangements or agreements. Other than as expressly set out in these Terms, you agree that you have not relied on any representation made by or on our behalf.
Governing Law: These Website Terms, together with all our policies and procedures, will be governed by and construed in accordance with the laws of Victoria, Australia and you agree to submit to the jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia.
No waiver: If you breach these Website Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Website Terms.
Our relationship: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and KeepCup as a result of these Website Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of KeepCup, and we shall not be liable for any representation, act, or omission on your part.
Severability: If a provision of these Website Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Survival: Termination of these Website Terms or the Site will not end those provisions that are capable of surviving, and/or which are intended to survive, such termination.