Terms & Conditions - General
Thank you very much for your business and your support.
KeepCup Pty Ltd is a private company registered in Victoria, Australia with ACN 079 542 813 whose registered office is at 71 Noone St, Clifton Hill 3068 ("KeepCup").
Please take the time to read the following to understand our contractual relationship both relating to your use of our website and the products and services we provide you.
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.
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.
Terms and conditions - General
These General Terms & Conditions of Sale, which incorporate the Additional B2B Terms if applicable, ("Sale Terms") apply to the sale of products by KeepCup. KeepCup reserves the right to vary these Sale Terms from time to time. Any variations will take effect from the time they are posted on KeepCup's website. The Sale Terms which apply at the time the Sales Order is placed govern the Sales Order and are deemed to be incorporated into any Contract.
In these Sale Terms unless the contrary intention appears:
"KeepCup" / "we" / "us" / "our" means KeepCup Pty Ltd;
"Customer" / "you" / "your" means the person who acquires products from KeepCup;
"Commercial Customer" means a wholesale Customer who has been authorised by KeepCup to acquire products for resale and distribution;
"ACL" means the Australian Consumer Law contained in the Competition and Consumer Act 2010.
"Additional B2B Terms" means the Additional B2B Terms & Conditions of Sale which apply to Commercial Customers and, if applicable, are incorporated into and form part of these Sale Terms;
"Additional Charges", includes all shipping, delivery, handling and storage charges, any bank transfer charges or credit card fees, Goods and Services Tax (GST), interest, legal and other costs of recovery, any other government imposts and all money, other than the Purchase Price, payable by you to KeepCup arising out of the sale of the products;
"Contract" means the contract between KeepCup and the Customer for the sale and purchase of the products in accordance with these Sale Terms;
"KeepCup IP" means all intellectual property of any nature whatsoever, owned by KeepCup and/or pertaining to the products, including but not limited to, any patent, discovery, invention, know-how, manner or method of process, copyright work, trademark, designs, get up, trade dress or any improvement, modification or development of any of the foregoing;
"Payment Terms" means payment in full for the products before they are shipped and delivered, unless a credit account has been approved for a Commercial Customer, in which case payment for the products must be made in accordance with: (a) the payment terms set out in our written confirmation of the Sales Order and/or our invoices; or (b) any other payment terms agreed to by KeepCup and the Commercial Customer in writing;
"Products" means the products and/or services supplied by KeepCup;
"Purchase Price" means the price for the products (excluding Additional Charges) as set out in the Sales Order or as agreed by KeepCup and the Customer prior to delivery of the products. If no purchase price has been agreed, the Purchase Price shall be the list price for the products as charged by us as at the date of delivery.
"Sales Order" means:(a) where an order is placed via our website, the online order for the products submitted by the Customer; (b) where an order is placed by telephone, the order confirmation sent by KeepCup by email to the Customer setting out the details of the order; or (c) a purchaser order submitted to us by email by a Commercial Customer.
2. Order for products
When you submit a Sales Order to KeepCup, it constitutes an offer to purchase the products in accordance with these Sale Terms. KeepCup reserves the right to accept or reject a Sales Order (or any part of it) at any time. If we reject a Sales Order (or any part of it), we will refund you any money paid for any part of the Sales Order that has been rejected.
Once your Sales Order has been submitted, you will receive an email acknowledging the details of your order. This is NOT an acceptance of your Sales Order, just a confirmation that we have received it.
A Sales Order becomes a binding Contract between you and us when:(a) a written acceptance is issued by KeepCup; or (b) when the products are delivered to you by KeepCup in accordance with the Sales Order; whichever occurs first.
If a Sales Order relates to customised products, the Sales Order becomes binding when: (a) written acceptance is issued by KeepCup and KeepCup receives payment (or, if agreed, a 50% deposit for the products) together with artwork approval for the customisation of the products; or (b) KeepCup commences design or other work required for the manufacture of the customised products; whichever occurs first.
A Sales Order which has been accepted in whole or in part by KeepCup cannot be cancelled by you without our prior written approval.
We reserve the right not to accept your Sales Order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn from sale, or that you do not meet the eligibility criteria set out within these Sale Terms.
We may also refuse to process and therefore accept a Sales Order for any reason or refuse to supply our products to you at any time at our sole discretion. We will not be liable to you for compensation, loss of prospective profits, expenditures, investment, or any other actual or potential damages whatsoever as a result of our refusal to supply products.
To the extent permitted by law, the Contract formed by these Sale Terms and a Sales Order that has been accepted by KeepCup, constitutes the entire agreement between the parties in relation to its subject matter and any purported variation of these Sale Terms, or purported incorporation of other terms, by the Customer will not be binding on KeepCup unless specifically accepted by KeepCup in writing.
All prices shown on our website are inclusive of GST.
Our invoices will show an amount which is exclusive of GST and the amount of GST payable by you will be shown separately. You agree to indemnify KeepCup in respect of GST paid and payable by KeepCup for the supply of the products.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on our website at the time the order is placed and accepted will be honoured, except in cases of patent error.
Once an item has been purchased, no price adjustment will be offered should the item subsequently be marked-down.
If you are a customer whose credit/debit card is not denominated in the currency you are purchasing, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
4. Product descriptions
Any description of the products provided by KeepCup is for the purpose of identification only and use of a description does not constitute a sale by description. Any sample of products exhibited to, or inspected by you, is supplied solely to judge the quality in bulk and does not constitute a sale by sample
5. Customised products
To the extent that the products are to be customised in accordance with your instructions, you agree to indemnify KeepCup against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by KeepCup in connection with any claim made against KeepCup for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with KeepCup's compliance with your instructions. This provision shall survive termination of the Contract.
6. Damaged or incorrect products
We will, upon your request, replace any product or part that is received in damaged condition or as a result of our error, provided your request is accompanied by photographic documentation and made within 7 days of receipt of the product.
Please retain the full product, unless otherwise requested, as we will generally only replace the required parts.
No material will be accepted or replacements issued without prior approval to return such products.
For damage that has been caused by fair wear and tear, or use and abuse – the dog ate it, it fell off the top rack of the dishwasher, left it on the roof of my car, dropped it on the floor – we encourage you to purchase replacement parts.
7. Returns and refunds for change of mind
If you have changed your mind about a purchased item and wish to return it for a refund, you must notify us within 14 days, and return the item(s) to us (at your cost) within 30 days of delivery of your order. If 30 days have passed since your order was delivered, unfortunately, we can’t offer you a refund for change of mind.
We do not accept items for exchange. If you want to change an item (other than a customised item) for a different size or colour, you'll need to place a new order and return the original item as set out herein.
If we accept your return, we will refund the amount you paid for the item, whether original sale price or discounted price. We will not refund the cost of shipping.
To be eligible for a return, your item must be unused and in the same resaleable condition in which you received it. It must also be in the original packaging with any original tags attached. If the products are returned used, damaged or do not have all original packaging, we reserve the right to refuse your refund.
We cannot accept the return of any customised product due to change of mind.
8. Recyclability and food safety
Where possible we endeavour to make all products from single material components to increase their recyclability
We test all our products annually to verify food safety compliance and that all materials are fit for purpose.
9. Consumer guarantees
You acknowledge that KeepCup has not made any representation or warranty concerning the performance of the products or the suitability of the products for any use other than in accordance with KeepCup’s instructions and guidelines.
To the extent permitted by law, and except as provided herein or under the ACL, there are no other express or implied warranties, guarantees, conditions or other terms regarding the sale of the products and KeepCup shall not be liable to you for physical or financial injury, loss or damage or for indirect or consequential loss or damage of any kind arising out of the supply or use of the products, whether caused by tort, breach of contract or arising out of KeepCup’s negligence or in any way whatsoever.
If you are a consumer for the purposes of the ACL, KeepCup is required to make certain guarantees regarding the supply of the products (including guarantees as to acceptable quality, fitness for purpose, due care and skill) and KeepCup makes those guarantees to the extent it is required by law to do so. If these guarantees are not required to be made by KeepCup, KeepCup does not make them.
If you are not a consumer for the purposes of the ACL, any warranty, guarantee, condition or other term arising out of or in connection with the supply of the products which might apply or which might be implied into or incorporated into the Contract by statute, common law or otherwise (including, without limitation, guarantees as to acceptable quality, fitness for purpose, due care and skill) is hereby expressly excluded to the maximum extent permitted by law.
10. Manufacturer's Warranty
In addition to your rights under the ACL (if any), KeepCup warrants that on delivery and for a period of 12 months from delivery, the products will be free from material defects in design, material and workmanship ("Manufacturer’s Warranty"). The Manufacturer’s Warranty is subject to the conditions set out herein and clause 11.
The Manufacturer's Warranty does not affect any rights you may have under the ACL (if applicable) and sits alongside the ACL, which cannot be excluded.
To make a claim under the Manufacturer’s Warranty, you must notify KeepCup in writing of your claim and provide sufficient information to enable us to identify the issue, together with proof of purchase. You must then clearly label and identify the products with your name and address and return the products to us so that we may inspect them and conduct an assessment of the claim. We may, at our discretion, waive the requirement for the products to be returned to us and may instead request that you provide photographic documentation to enable us to assess your claim. Where we have agreed to re-take possession of products returned to us under a warranty claim, and/or agreed to accept photographic documentation of your claim, we will not be taken to have admitted liability for that warranty claim until we have assessed the claim and provided notice of acceptance of the claim to you.
11. Warranty exclusions and limitations
Notwithstanding all of the above, to the maximum extent permitted by law, KeepCup will not be liable to you (under the Manufacturer's Warranty or otherwise) for any defect or damage caused or partly caused by or arising as a result of:
(a) your failure to properly maintain the products
(b) your failure to follow any instructions or guidelines provided by KeepCup;
(c) any failure to the extent that the failure is not a failure of the product to perform in accordance with its specifications;
(d) any use of the products otherwise than for any application specified in the instructions provided by KeepCup;
(e) the continued use of the products after any defect has become apparent (or would have become apparent to a reasonably prudent user);
(f) fair wear and tear;
(g) damage to the products resulting from negligence, misuse or abuse;
(h) slight colour variations between colour selection samples and finished product;
(i) any accident or act of God; or
(j) if the products and/or workmanship are repaired or altered in any way without KeepCup's prior consent
Nothing in this clause affects any rights you may have under the ACL.
We ship all items from the closest assembly warehouse – UK, US or Australia. We locally assemble all products from locally produced packaging, and where possible, locally manufacture components.
Due to the high environmental cost of shipping we do not discount shipping and we pass on actual costs to you. We have a group order facility to ameliorate the cost of shipping multiple orders to a single address.
Any discounts will be applied to products as you add items to the cart, but not to the cost of shipping.
When calculating your total shipping time, please allow assembly time + shipping time from our warehouse. Assembly time will depend on the size of the order, but is generally between 1-10 business days.
Business days are Monday through Friday, excluding weekends and public holidays in the location of the warehouse.
KeepCup insures each purchase during the time it is in transit until it is delivered to the delivery address nominated by you in the Sales Order.
You agree to make all arrangements necessary to take delivery of the products once notified that they are ready for delivery. Delivery of the products to the nominated address shall be deemed to be delivery of the products to you. The times quoted for delivery are estimates only and KeepCup accepts no liability for failure or delay in the delivery of any products. You are not relieved of any obligation to accept or pay for products by reason of any delay in delivery.
The risk in the products passes to you on the completion of loading of the products at the nominated delivery address.
14. KeepCup IP
KeepCup is the owner of the KeepCup IP and we take action to enforce our rights. The sale of the products does not have the effect of vesting in you any right to any of the KeepCup IP, the ownership of which will remain with KeepCup at all times.
Assignment: KeepCup may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations pursuant to these Sale Terms. You must not assign, transfer, or subcontract any of your rights and/or obligations hereunder without our prior approval.
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: No waiver of any of these Sale Terms or failure to exercise a right or remedy by KeepCup will be considered to imply or constitute a further waiver by KeepCup of the same or any other term, condition, right or remedy.
Severability: Any provision of these Sale Terms found to be void, unenforceable or illegal may to the extent necessary be read down or severed from the Contract and the validity or enforceability of the remainder of these Sale Terms shall not be affected.
Survival: Termination of these Sale Terms will not end those provisions that are capable of surviving, and/or which are intended to survive, such termination.
Third parties: Third parties shall have no rights under or in connection with the supply of products in accordance with these Sale Terms.
Additional b2b terms
These Additional B2B Terms & Conditions of Sale ("Additional B2B Terms") apply to Commercial Customers. They apply in addition to, and are incorporated into, the General Terms & Conditions Sale Terms ("Sale Terms").
In the event that these Additional B2B Terms are inconsistent with any terms set out in the Sale Terms, the Additional B2B Terms shall apply to the extent of the inconsistency.
17. Price and payment
You must pay the Purchase Price plus any Additional Charges to KeepCup in accordance with the Payment Terms. Where funds are to be transferred electronically, you shall ensure that all fees and charges are deducted at source and that KeepCup receives the full amount invoiced. If you are in default, KeepCup may at its option withhold further deliveries or cancel future Sales Orders without prejudice to any of its existing rights. Interest will be charged at the rate of 1.5% per calendar month or part month from the due date for payment until the actual date of payment on any overdue amounts.
18. Return of products
Products may be delivered by instalments at the discretion of KeepCup in which case they will be invoiced and paid for in instalments. Where KeepCup delivers less products than you have ordered, or there is damage to the products, or printing or packing errors with the products supplied, you must notify KeepCup in writing within 7 days of the delivery date.
Return of products for change of mind will not be accepted by KeepCup except by prior agreement in writing with KeepCup and may be subject to a 10% restocking fee.
19. Representations to end-users
Any recommendations we make to you are to be used as guides only and it is your responsibility to wholly consider the products and their suitability for the end-user. You indemnify KeepCup and its officers, employees and agents in respect of all claims relating to any representations made by you to end-users which are inconsistent with KeepCup’s instructions and guidelines.
20. Your obligations in relation to the KeepCup IP and products
You agree that:
(a) you will clearly and visibly display KeepCup’s brand and trade mark on all products and sales collateral;
(b) any visual merchandising of the products will identify the products by name and display the KeepCup trademark;
(c) you will only use the KeepCup trademark, and present the products, as outlined in the brand guidelines;
(d) all customisable printing on the band will be done by KeepCup or an authorised supplier appointed in writing by KeepCup;
(e) no other component of the products may be customised without written authority from KeepCup;
(f) products will always be displayed, represented and sold in their complete form, never as components;
(g) you must not sell, distribute, display, market, advertise or give away individual components of the products;
(h) products are not permitted to be re-sold online;
You must not extend any warranty or guarantee relating to the products or make representations without express written authorisation from KeepCup.
21. Retention of title
You agree that we will retain legal and equitable right and title in the products (i.e. ownership) until you have paid the full Purchase Price for the products, any Additional Charges, and any other sums in any way outstanding by you to us.
Until then, upon you taking actual or constructive possession of the products, the risk in the products shall pass to you and you shall:
(a) hold the products on a fiduciary basis as KeepCup's bailee;
(b) store the products separately from all other goods held by you;
(c) not remove or deface any identifying mark or packaging on the products; and
(d) keep them insured against all risks for their full price from the date of delivery;
but you may resell or use the products in the ordinary course of your business.
Where the products remain unpaid for by you, you hereby grant to us an irrevocable full and free licence to enter your premises or your agents’ premises and remove such products relating to the unpaid amount, without us incurring any liability to you or any person claiming through you
You release and indemnify us from and against all claims, demands, actions, liability, damages, loss, cost and expense whatsoever arising out of or in connection with such entry, repossession and removal and any damage necessarily caused thereby.
While the products remain our property, you agree that you have no right or claim to any interest in the products to secure any liquidated or unliquidated debt or obligation we may owe to you and you cannot claim any lien over the products.
You are deemed to be in default immediately upon the happening of any of the following events:
(a) any payment owing to KeepCup is not made promptly on or before the due date for payment;
(b) you cease to carry on business;
(c) you stop or suspend payment of your debts or state your intention of so doing;
(d) you are unable to pay your debts as they fall due;
(e) any cheque or bill of exchange drawn by you payable to KeepCup is dishonoured;
In the event of your default, we may revoke any authority given to you to use or sell the products that have not been paid in full by giving written notice at any time. We may also: withdraw any credit facilities which may have been extended to you and demand immediate payment of all moneys owing to us; withhold any further deliveries of products; or suspend and/or terminate performance of any other contracts which we have with you.
You indemnify us against any loss, costs, fees, charges and disbursements incurred by us or charged by any mercantile or collection agent or solicitor engaged by us, for the purpose of the collection or recovery of products (pursuant to clause 21) or moneys due and payable by you to us, on an indemnity basis and all such costs shall be recoverable as a liquidated debt.
23. Personal Property Securities Act 2009 ("PPSA")
You acknowledge that the Sale Terms (which incorporate these Additional B2B Terms) shall be deemed to constitute a Security Agreement for the purposes of the PPSA, and you agree that KeepCup takes: (a) a purchase money security interest in all products previously supplied to you by us (if any) and in all products that will be supplied in the future to you by us, failing which we take a security interest in such products; and (b) a general security interest in all of your present and after acquired property as security for payment of all amounts that you owe or may at any time owe to us under the Sale Terms.
You undertake to do all such things, including sign any further documents, necessary to enable KeepCup to perfect its security interest and acknowledge that we may register a security interest on the Personal Property Securities Register ("PPSR").
The Security Agreement is a continuing security and will operate irrespective of any intervening payment or settlement of account until we have signed a release.
To the extent permissible by law, you waive your rights under the PPSA, including the rights provided for under 95, 118, 121(4), 130, 132(3)(d), 132(4), 135, 142, 143 and 157 of the PPSA.
24. Change of ownership
You agree to give us 7 days' written notice prior to: (a) any change of your ownership or your business, or of directorships in the case of a corporate customer, which brings about a change in effective control; or (b) any other change whatsoever affecting a Contract; and you agree to indemnify us against any loss or damage incurred by us as a result of your failure to notify us of any such change in accordance with this clause.
25. 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 Sale Terms. 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.
We will from time to time promote specials and sales on the Site. We often notify our customers in advance of all promotions through EDMs and social media, so we encourage you to sign up and follow us on social media so you do not miss out on promotions.
You can sign up to receive news about our promotions here.
Student discount is for registered students of recognised education providers only. KeepCup reserves the right to request proof of current enrolment. 10% discount applies across all items purchased from keepcup.com, using the code 10FORSTUDENTS at checkout. This offer may be removed at any time without warning, and excludes business or branded orders. Shipping charges apply if the free freight threshold is not met.
10% discount on signup
This offer is available for new subscribers to our newsletter. Discount applies for all orders placed through KeepCup.com as a one-time offer only, using the code provided by email on signup. This offer does not apply to Gift Cards, wholesale or branded orders, and is not to be used in conjunction with other offers. Shipping charges apply if the free freight threshold is not met.
"you" / "your" means a user of our Site or our products and services.
Information we collect
We may collect several types of information from you including:
- your name, email address, phone number(s), home address, shipping and credit/debit card billing address(es);
- payment and transaction information;
- details of your communications and interactions with us;
- information regarding your use of the Site (see further below);
- any other information you may provide to us from time to time.
How and when do we collect information?
We may collect information from you when you:
- register on the Site for an online account or otherwise contact us to obtain information relating to us or our products or services;
- place an order for products;
- update the 'Your Online Account', 'Your Address Book' or 'Your Order Details' section of the Site;
- communicate with us by phone, email or otherwise, complete a questionnaire or inquiry form;
- subscribe to our mailing list; and/or
- interact with the Site.
Information from other sources
We receive information from third parties we use in providing services to you from time to time (including delivery and address information from our carriers, and account and credit history information from credit reporting agencies and other providers we use to process payments).
We may also obtain additional information from any authentication or identity checks we run. These checks ensure that your payment is genuine and protect both you and KeepCup from fraudulent activity.
IP addresses, cookies and web beacons
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration, to improve the structure and content of our site and to report aggregate information to our advertisers and our members. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are.
A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number.
Two types of cookies are used by us on our site:
Session Cookies: which are temporary cookies that remain in the cookie file of your browser until you leave the site; and Persistent cookies: which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).
Session Cookies allow you to carry information across pages of our site and avoid having to re-enter information and to allow you to access stored information. Persistent Cookies help us recognise you as a unique visitor (just a number) when you return to our website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly.
Our website may contain electronic images known as web beacons which allows us to count users who have visited those pages and deliver co-branded services. Web beacons are not used to access your personally identifiable information on our site. They are a technique to compile aggregated statistics about our website’s usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view and a description of the page on which the web beacon resides.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit http://www.allaboutcookies.org./
To opt out of being tracked by Google Analytics across all websites visit the following site: http://tools.google.com/dlpage/gaoptout
Why do we collect this information?
We collect this information to:
- provide products and services to you and process transactions;
- respond to your enquiries, concerns or feedback;
- handle orders, deliver items and process payments;
- communicate with you about orders, products, services and promotional offers;
- update our records and maintain any online account you may have with us;
- prevent or detect fraud or abuses of our Site;
- enhance and improve the Site to personalise and create a better overall experience for you;
- support our business functions;
- carry out our obligations and enforce our rights in relation to any agreements between you and us in relation to the Site or our products and services;
- conduct market research, reporting, analysis and modelling so as to improve the products and services we provide; and/or
- enable third parties to carry out technical, logistical or other functions on our behalf.
We may also collect, hold, use and disclose personal information for other purposes which will be explained at the time of collection, or which are required or authorised by law and for any other purpose with your consent.
If you have consented, we will send you relevant offers and news about our products and services. We do not sell or otherwise pass your details to third parties for marketing purposes. Marketing communications you subscribe to will only be sent by KeepCup.
At all times, we will offer you the opportunity to unsubscribe from any service or update to which you have subscribed. Any email we send you will contain an easy automated unsubscribe link so that you can opt out.
When do we share your personal information?
Any of the information we collect from you may be disclosed to:
- Our directors, officers and employees.
- Third party service providers or contractors to perform functions on our behalf including fulfilling orders, delivering packages, sending customer communications, analysing data, processing credit/debit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Other companies and organisations where it is necessary to prevent fraud or reduce credit risk.
- Approved technology services or data storage providers.
- Regulatory or government organisations to comply with applicable laws;
- A purchaser of our business;
In any other unforeseen circumstances, you will receive notice when information about you might be disclosed to third parties and you will have an opportunity to choose not to share your information (unless the disclosure is required to comply with the law, enforce our policies, or protect our or others’ rights, property or safety).
Where we store your personal data
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
How do we keep your information secure?
We employ security measures to prevent unauthorized access to information that we collect online. We use a secure online order form for all purchases made via the Site. All data transmitted via this form (including credit/debit card details) is 128bit encrypted so it is transmitted securely. To verify this, when placing an order using the Site a padlock will appear in your browser. It is normally in the status bar, towards the right-hand side, at the bottom of your browser window. You can double click this padlock to verify that the secure certificate has been issued to the Site.
Please note that email correspondence with us is in free format text and cannot be encrypted. Accordingly, please do not send any sensitive information such as credit/debit card details or passwords via email.
We use computer safeguards such as firewalls and data encryption, and we enforce physical access controls to our buildings and files to keep this data safe. We only authorise access to employees who need it to carry out their responsibilities.
We protect the security of your information while it is being transmitted by encrypting it using Secure Sockets Layer (SSL).
We enforce physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal data. We may occasionally ask for proof of identity before we share your personal data with you.
The security of your personal information is important to us, but no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use best available means to protect your personal information, we cannot guarantee its absolute security.
Accessing and correcting your information
We try to ensure that all information we collect, use, maintain or disclose about you is accurate, current, and complete. We rely on you to promptly notify us of any changes to your personal information.
Upon request, we will provide you with access to personal information we hold about you related to your use of our products and services. You can submit your request by contacting us. You can request us to make changes to, update, correct or delete your information at any time.
How to contact us if you have complaints or queries
We may require you to submit a complaint in writing and provide further details regarding the circumstances of the complaint. We will deal with the complaint fairly and in a timely manner, having regard to the nature to the complaint. If the matter is more complex and we anticipate that the investigation will take longer than anticipated, we will notify you and keep you informed of the progress of the investigation.
If you are not satisfied with the result of your complaint to us, you can refer your complaint to the Office of the Australian Information Commissioner:
Address: GPO Box 5218, Sydney, NSW 2001
Phone: 1300 363 992