Terms and Conditions ("Terms")
Last updated: October 04, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.cuppy.ca website, the CUPPY web app, and/or the CUPPY cup-share service (the "Services") operated by CUPPY Vancouver ("us", "we", or "our").
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
CUPPY allows you to access and use the Services, subject to these Terms, for your own personal use. You may not use the Services in connection with any other commercial endeavor.
Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Services and (d) your use of the Services does not violate any applicable law or regulation or any obligation.
The Services can be used at participating shops. We reserve the right to add or remove participating shops at any time in our sole discretion. We will however use reasonable efforts to publicize such changes using appropriate channels.
In case of failure of a charge to your payment method, CUPPY will continue to attempt to contact you for payment. In the case of multiple failures, we reserve the right to suspend your account until the issue is resolved.
Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from CUPPY. You should always check any information provided through the Services to ensure its accuracy.
CUPPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUPPY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services; OR (II) THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party services. You agree not to disclose your password to any third party.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by CUPPY Vancouver. CUPPY Vancouver has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Please note that the CUPPY Vancouver does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
You further acknowledge and agree that CUPPY Vancouver shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.
When you use and access the Services, we may place a number of cookies files in your web browser.
Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
The information contained on www.cuppy.ca is for general information purposes only. CUPPY Vancouver assumes no responsibility for errors or omissions in the contents on the website.
In no event shall CUPPY Vancouver be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Services or the contents of the Services. CUPPY Vancouver reserves the right to make additions, deletions, or modification to the contents on the Services at any time without prior notice.
CUPPY Vancouver does not warrant that the website is free of viruses or other harmful components.
Limitation of Liability
IN NO EVENT SHALL CUPPY INITIATIVE, Ltd. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Services, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CUPPY INITIATIVE, Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL CUPPY INTIATIVE Ltd.'s CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO CUPPY INITIATIVE, Ltd. FOR USE OF THE Services. IF YOU HAVE NOT MADE ANY PAYMENTS TO CUPPY FOR THE USE OF THE Services, THEN CUPPY SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
In addition to the foregoing, CUPPY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. CUPPY is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. UNDER NO CIRCUMSTANCES SHALL CUPPY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
If you have any questions about these Terms, please contact us.