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Terms & Conditions of Use

Acceptance of Terms


Welcome to the Cups & Co website (“Website”). Cups & Co provides services to you subject to the following Terms & Conditions of Use (“Terms & Conditions”), which may be amended by us from time to time with no notice to you. When using any Cups & Co service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms & Conditions.


Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms & Conditions and any amendments.
 

These Terms & Conditions will be governed by and construed in accordance with the laws of the Republic of Mauritius. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Mauritius. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms & Conditions and such invalidity or unenforceability will not affect the remainder of the Terms & Conditions which will continue in full force and effect.
 

For the purpose of these Terms & Conditions, “Content” means material such as text, software, images, audio and video, including links to that material.
 

Accuracy of Information
All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Cups & Co, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Cups & Co will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

 

Product Descriptions
Cups & Co and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Cups & Co does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.


Limitation of Liability
The laws applicable to the Republic of Mauritius may confer rights and remedies on you in relation to the provision by Cups & Co of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Cups & Co does not exclude any Non-Excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

 

Except as provided for by the Non-Excludable Rights: 
 

(a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, 
 

(b) Cups & Co and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, 
 

(c) Cups & Co does not warrant that the functions contained in your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits content to you are free of viruses or any other harmful components, 
 

(d) Cups & Co does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (
 

e) you (and not Cups & Co) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
 

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Cups & Co) will Cups & Co or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Cups & Co does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
 

To the maximum extent permitted by law, Cups & Co ‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Cups & Co, to the following:
 

1.    in the case of services supplied or offered by Cups & Co, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
 

2.    in the case of goods supplied or offered by Cups & Co, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
 

Indemnity
You agree to indemnify and hold harmless Cups & Co and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.

 

Copyright
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the local applicable copyright legislator framework) without the prior written approval of Cups & Co or the appropriate supplier or licensor of Cups & Co.

 

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
 

All software used on this web site is the property of Cups & Co or its software suppliers and is protected by local applicable copyright laws.
 

Trademarks
The Cups & Co logo and the logos of the Cups & Co products are registered trademarks of Cups & Co or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.


Your Account, Membership and/or Registration
In consideration of your use of the Website, you agree to:


•    provide true, accurate, current and complete information about yourself; and
•    maintain and promptly update the data to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or Cups & Co has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cups & Co has the right to refuse any and all current or future use of the Website (or any portion thereof).
 

If you use this Website, you are responsible for maintaining the confidentiality of your Data and for restricting access to your computer, smartphone, tablet etc.
 

Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Cups & Co, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
 

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:


•    restrict or inhibit any other user from using or enjoying any Communication Facility;
•    post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
•    post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
•    post or transmit any material of any kind which contains a virus or other harmful component;
•    post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
•    delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
•    download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

 

Cups & Co may from time to time monitor or review the contents of its Communication Facilities. While Cups & Co reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Cups & Co’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms & Conditions. Cups & Co has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Cups & Co responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
 

Cups & Co reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
 

Contributions
Cups & Co may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Cups & Co disclaims any and all liability in connection with Contributions. Cups & Co assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Cups & Co is under no obligation to treat your Contribution as confidential.


Cups & Co may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
 

Online Security
At Cups & Co we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

 

If you’re making an online purchase from Cups & Co and are required to provide us with your bank details, this will be carried out within a secure communication system. 
 

Please REPORT any suspicious activity to us immediately.
 

Third party links and advertising
Hyperlinks and pointers to web sites operated by third parties may appear on Cups & Co Website from time to time. These web sites do not form part of the Website and are not under the control of Cups & Co or its related bodies corporate and neither Cups & Co nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.


The display of such advertising does not in any way imply a recommendation or endorsement by Cups & Co or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.
 

If you contact a third party using functionality provided on the Website, including via email, Cups & Co accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
 

Errors and Omissions
Cups & Co endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.


Delivery
Delivery service may be offered by Cups & Co subject to an additional charge as may be agreed between you and Cups & Co. 


While Cups & Co endeavours to deliver your products within the shortest possible time frame, delivery time of products may be affected by external factors such as third party delivery companies, shipping, freight and other factors that are beyond the control of Cups & Co.
 

Returns
Cups & Co will only accepted upon written approval between you and Cups & Co. The item must be unused and the packaging in new condition.

CUPS & CO E-GIFT CARDS

You can only purchase and redeem the CUPS & CO E-GIFT CARDS online at the Cups & Co Website: https://www.cupsnco.com/.

The e-Gift Card is valid for only 12 months from purchase.

E-Gift Card can only be purchased only with a minimum value of Rs 500 and maximum value of Rs 10,000.

E-gift cards cannot be exchanged for cash. No returns and no refunds on Gift Cards

We reserve the right to refuse to accept a e-Gift Card which is suspected to be affected by fraud.

We reserve the right to amend the e-Gift Card terms and conditions from time to time, where we consider it reasonable and necessary to do so.


Repairs and Warranties
If a product is faulty please contact us immediately so as to authorize a replacement. If an item arrives and is faulty on delivery, please contact us within 12 hours so we can arrange a replacement.

 

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Cups & Co may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Cups & Co of any of its rights and the it shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
 

Cancellation
Cancellation of Orders may be allowed by Cups & Co under the following conditions only:


a.    Local 
I.    Orders with local home delivery may be cancelled within 24 hours of such order being placed
II.    Orders for pick up may be cancelled within 12 hours of such order being placed
b.    International
I.    Orders for shopping to an international destination may be cancelled within 24 hours of such order being placed.


Should the cancellation not be within the above suggested time frames, Cups & Co reserves its right not to accept the cancellation and you shall be responsible for the full payment of the goods and any delivery costs attached.


Upon agreeing to cancel your order, Cups & Co will get in touch with you so that an agreement may be reached with regards to modalities for refunding any sum already paid by you to Cups & Co.


Personal Information Protection / Online Privacy Policy
Cups & Co shall at all times comply with all applicable laws relating to privacy, data protection (in line with the Data Protection Act 2007), and the collection and use of personal information collected, used, or held for use by the Cups & Co in the conduct of its business. 
Cups & Co takes reasonable measures to ensure that such information is protected against unauthorized access, use, modification, or other misuse.
Please refer to our Privacy Policy on the processing of personal information and personal information protection.

 

Disputes
In the event that any claim, matter or dispute arises between you and Cups & Co arising out of or in connection with your use of the Website, same must be referred to the Cups & Co by contacting us via email on info@cupsnco.com.

Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.

Governing Law
This Website is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.


Whole Agreement
These Terms & Conditions, together with the Privacy Policy, constitute the whole agreement between you and the Company relating to your access to and use of the Portal.

 

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