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Terms & Conditions

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.

Website Terms of Use and Service

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, these "Website Terms"). Please read these Website Terms carefully before using the Site (as defined below).

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.

Definitions

In these Website Terms, unless the contrary intention appears:

"KeepCup" / "we" / "us" / "our" means KeepCup Pty Ltd, an Australian Private Company, and KeepCup Ltd., a Delaware corporation;

"you" / "your" means you, being a user of the Site or our products and services;

"Site" means our website www.au.keepcup.com, www.us.keepcup.com, or any other localised domains, websites, mobile sites, applications, social media accounts, or profiles owned or operated by KeepCup;

"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 in writing.

Any user ID and password you may have for the Site is confidential and you are responsible for maintaining the confidentiality of your account, user ID, 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 or any component thereof;
  • 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 any products or services;
  • use any device, routine or software to monitor, 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 (customary domain access through a standard search engine or Internet browser);
  • engage in any automated access or use of the system or Site, such as using scripts to send comments or messages, or using any monitoring, data mining, robots, or similar data gathering or 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 or person;
  • 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, extension, plug-in, or offline reader that accesses the Site, or using or launching any unauthorized script or other software; or
  • 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 and operate 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 (or the age of majority in your state of residence) and provide your personal details. In particular, you must provide your legal first and last name, phone number, email address and other requested information as indicated.

For information about how we keep your personal information safe, please refer to our Privacy Policy.

You will be required to provide payment account information and 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 (a) who meet the foregoing eligibility criteria, (b) who have been issued a valid credit/debit card by a bank acceptable to KeepCup, (c) whose applications or orders are acceptable to KeepCup, and (d) 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

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 ("IP Rights") contained therein, are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other IP 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, license, reverse engineer or otherwise exploit for any commercial purpose whatsoever, any part of the Site, Our Content, or our IP Rights, without our express prior written permission.

You are granted a limited license 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 the 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.

Your Content

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 automatically grant us a perpetual, non-exclusive, royalty-free, unrestricted, unlimited, irrevocable, worldwide and transferable right and license to use, distribute, and make derivative works from Your Content (or any part thereof) in any way for any purpose (including but not limited to commercial and advertising purposes), subject always to our obligations under our Privacy Policy;
  • you consent to any act or omission which would otherwise constitute an infringement of your moral rights;
  • you agree not to attempt to enforce any of your IP Rights (if any) in Your Content or any moral (or artist's) rights therein; and
  • you represent and warrant to us that you have the capacity and all necessary rights to grant the licenses 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 IP Rights or other proprietary rights associated with Your Content. We are not liable for anything, including 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 or any of your IP Rights therein.

The Site is available to the public (globally), therefore any information you consider confidential or proprietary 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 IP 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, (a) you have had firsthand experience with the matter being reviewed, (b) you are not affiliated with any competitor if posting a negative review, (c) you have not made any statements or conclusions as to the legality of any conduct, and (d) 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 malware, viruses, Trojan horses or other disabling devices or software which interferes, or may interfere, with the operation of the Site, or which monitors, collects, alters, or deletes any information which you have no authority to monitor, collect, alter, or delete, or which overloads the Site by spamming or flooding them;
  • Your Content does not and will not interfere with any 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; and
  • 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 have not reviewed, investigated, monitored, endorsed, validated, or approved Third Party Websites or Third Party Content. 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 IP Rights for our products, including, but not limited to, our ownership of the distinctive KeepCup product designs as well as our other IP Rights 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, 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 an imitation KeepCup product, please let us know by contacting our Help Centre 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, Our Content, Your Content, or any Third Party Content, at any time and 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.

Although in so far as it is in our power to do so we take reasonable care to make our Site secure and to keep the details of your order and payment secure, in the absence of negligence on our part, we shall not be 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.

Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. By using the Site, you confirm that you have read and agree to the Privacy Policy, which is incorporated herein by this reference. The Privacy Policy can be accessed here.

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 privacy@keepcup.com 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, and any applicable brand guidelines and distribution agreements.

Disclaimer and limitation of liability

You agree that your use of the site will be at your sole risk. KeepCup makes no representation or warranty regarding any of the products being sold on the site. The products and the site are provided on an "as is," "as available" basis. With regard to the site, KeepCup makes no warranty regarding your use or the performance of the site. KeepCup hereby disclaims all express or implied representations, warranties, guaranties and conditions, including, but not limited to, any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title, and non-infringement, except to the extent that such disclaimers are held to be legally invalid. You assume all responsibility for determining whether the site is accurate and sufficient for your purposes. KeepCup shall have no liability or responsibility for any personal injury or property damage, of any nature whatsoever, resulting from your access to the site or your use of the products. The site is controlled and offered by KeepCup from its facilities in [Australia]. Those who access or use the site from other jurisdictions do so at their own option and are responsible for compliance with local law.

We do not 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 nor its officers, directors, employees, agents, representatives, subcontractors or suppliers make any guarantees, representations or warranties to you, including 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 be available or that your access will be uninterrupted and error-free; and
  • content available through the Site or delivered electronically will be free of infection, malicious code, viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient security procedures, firewalls, and checkpoints to satisfy your particular requirements for data and system integrity, 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 shall not be liable for any liability, 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), even if KeepCup has been previously advised o the possibility of such damage, which may be incurred by you or any other party, including, but not limited to those arising out of or related to:

  • your use, misuse, modification, contribution to, copying, distributing, or accessing of the Site or the products;
  • your inability to use the Site or the products;
  • any breach by you of these Website Terms or your representations or warranties contained herein;
  • unlawful use of the Site;
  • our cancellation or modification 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 defamatory, offensive, or illegal conduct of any third party;
  • 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 or offered by a third party through the Site, or any hyperlinked website or content; and
  • 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.

The risk of harm or damage from the foregoing rests entirely with you. As a user of the site, your sole remedy for dissatisfaction with the site or our services is to stop using the site and our services. The foregoing limitation of liability shall apply to the fullest extent permitted in the applicable jurisdiction.

You and keepcup agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues, it being the express intent of the parties to limit the time period during which a party may bring a claim. Otherwise, such cause of action is permanently barred.

Indemnity

You hereby agree to fully defend, indemnify, and hold KeepCup and our officers, directors, employees, agents, representatives, subcontractors and suppliers (the "Indemnified Parties"), harmless from and against, and you covenant not to sue the Indemnified Parties for, any claims, losses, damages, costs, expenses, liabilities, obligations, or proceedings (including, without limitation attorneys' fees and costs) arising from or related to:

  • 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, IP Rights;
  • any harm, loss or damage you have caused to any other person in connection with the Site;
  • your negligence, error, omission, or willful misconduct; and
  • 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 (including the Indemnified Parties), and you agree to cooperate, at your expense, with our defence of such claims.

Your rights

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.

Complaints

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.

Contact us

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.

Feedback and comments

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.

General

Assignment: KeepCup is allowed to assign, transfer, and subcontract its rights and/or obligations under these Website Terms without any notice to or consent from you. However, you shall not assign, transfer, or subcontract any of your rights and/or obligations hereunder without our prior written approval and any attempted assignment shall be void. A merger, change of control transaction, or other acquisition by a third party will be treated as an assignment.

Entire Agreement: Unless otherwise stated, and to the maximum extent permitted by applicable 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 Website 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, shall be governed by and construed in accordance with the laws of Victoria, Australia, and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia, without regard to the choice or conflict of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in Victoria, Australia, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over KeepCup in jurisdictions other than 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. The failure of KeepCup to enforce any right or provision of these Website Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by KeepCup in writing.

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 the 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.

Third Parties: Third parties shall have no rights under or in connection with the Site or these Website Terms.

Force Majeure: KeepCup shall not be liable for any failure to fulfill its obligations hereunder due to causes (directly or indirectly) beyond its reasonable control, including acts or omissions of civil, government or military authority, acts of God, earthquakes, fire, flood, wars, acts of terrorism, civil or military disturbances, sabotage, epidemic, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications services, accidents, labor disturbances, shortages of materials, or transportation delays.

Terms and Conditions - General

These General Terms & Conditions of Sale, which incorporate (a) the Additional B2B Terms (as defined below) if applicable, and (b) our Website Terms of Use & Service, which are both incorporated herein by this reference (collectively, these "Sale Terms") apply to the sale of products by KeepCup (as defined below). 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 (as defined below) is placed shall govern the Sales Order and are deemed to be incorporated into any Contract (as defined below).

1. Definitions

In these Sale Terms unless the contrary intention appears:

"KeepCup" / "we" / "us" / "our" means KeepCup Pty Ltd, an Australian Private Company, and KeepCup Ltd., a Delaware corporation;

"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, any taxes (including sales and use tax, value added tax, and Goods and Services Tax (GST)), interest, legal and other costs of recovery, any other government imposed costs, 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, logos, 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 (excluding Additional Charges) 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 that you have already paid for such 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.

Notwithstanding the foregoing, if a Sales Order relates to customised products, the Sales Order becomes a binding Contract when: (a) written acceptance is issued by KeepCup and KeepCup receives payment (or, if agreed to by KeepCup in writing, 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 for any reason, including, but not limited to situations in which (a) we are unable to obtain authorisation for payment, (b) shipping restrictions apply to a particular item, (c) the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn from sale, or (d) 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.

3. Pricing

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 (which cases shall be determined by KeepCup in its sole discretion).

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 arising out of or related to any claim made against KeepCup for actual or alleged infringement of a third party's intellectual property rights arising out of or related to 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 seven (7) days of your 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 written approval from us to return such products.

For damage that has been caused by fair wear and tear or use and abuse (e.g. 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 seven (7) days of your receipt of the product, and must return the item to us (at your cost) within thirty (30) days of delivery of your order. If thirty (30) days have passed since your order was delivered, unfortunately, we cannot offer you a refund for change of mind.

We do not accept items for exchange. If you want to exchange an item (other than a customised item) for a different size or colour, you will 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 (original sale price or discounted price, as applicable). We will not refund the cost of shipping.

To be eligible for a return, your item (including the packaging and written materials) 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 our products annually to verify food safety compliance and that all materials are fit for such 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 these Sale Terms and KeepCup’s instructions and guidelines included with the products.

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 or other applicable law, 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 solely to the extent it is required by applicable law in your state or jurisdiction of residence to do so. If these guarantees are not required to be made by KeepCup in your state or jurisdiction of residence, 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 disclaimed and excluded to the maximum extent permitted by applicable 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 twelve (12) months from delivery, the products will be free from material defects in design, material and workmanship (the "Manufacturer’s Warranty"). The Manufacturer’s Warranty is subject to the terms and conditions set out in this clause 10 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 shall not be deemed to have admitted liability for that warranty claim until we have assessed the claim and provided written 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, including anything in these Sale Terms;

(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.

12. Shipping

We ship all items from the closest assembly warehouse (UK, US or Australia). We locally assemble products from locally produced packaging, and where possible, locally manufactured 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 available discounts will be applied to products as you add items to the online shopping cart, but not to the cost of shipping.

When calculating your total estimated shipping time, please allow for assembly time plus shipping time from our warehouse. Assembly time will depend on the size of the order, but is generally between one (1) to ten (10) business days.

Business days are Monday through Friday, excluding weekends and public holidays in the location of the warehouse.

13. Delivery

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 upon the delivery 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.

15. General

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 without any notice to or consent from you. You shall not assign, transfer, or subcontract any of your rights and/or obligations hereunder without our prior written approval and any attempted assignment shall be void. A merger, change of control transaction, or other acquisition by a third party will be treated as an assignment.

Entire Agreement: Unless otherwise stated, and to the maximum extent permitted by applicable law, these Sale 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 Sale Terms, you agree that you have not relied on any representation made by or on our behalf.

Governing Law: These Sale 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 exclusive jurisdiction of the courts of Victoria, Australia and the laws in force from time to time in Victoria, Australia, without regard to the choice or conflict of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in Victoria, Australia, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over KeepCup in jurisdictions other than 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, unless acknowledged and agreed to by KeepCup in writing.

Severability: Any provision of these Sale Terms found to be void, unenforceable or illegal shall to the extent necessary be read down or severed from these Sale Terms and 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.

Force Majeure: KeepCup shall not be liable for any failure to fulfill its obligations hereunder due to causes (directly or indirectly) beyond its reasonable control, including acts or omissions of civil, government or military authority, acts of God, earthquakes, fire, flood, wars, acts of terrorism, civil or military disturbances, sabotage, epidemic, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications services, accidents, labor disturbances, shortages of materials, or transportation delays.

Additional b2b terms

16. Application

These Additional B2B Terms & Conditions of Sale ("Additional B2B Terms") apply to Commercial Customers. They apply in addition to, and are incorporated into, these Sale Terms with respect to Commercial Customers.

In the event that these Additional B2B Terms are inconsistent with any terms set out in these Sale Terms above (i.e. up to clause 15), the Additional B2B Terms shall apply to the extent of the inconsistency. In addition, in the event that a customer or Commercial Customer has any terms and conditions applicable to any sale that are inconsistent with these Sale Terms or these Additional B2B Terms, these Sale Terms and these Additional B2B Terms shall control.

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 the 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 one and one-half percent (1.5%) per calendar month or part month (i.e. pro-rated) from the due date for payment until the actual date of payment on any overdue amounts.

18. Return of products

Products may be delivered in instalments at the discretion of KeepCup, in which case they will be invoiced and paid for in instalments. Where KeepCup delivers fewer 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 seven (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. Such accepted returns may be subject to a ten percent (10%) restocking fee.

19. Representations to end-users

Any representations or recommendations we make to you are to be used as guides or suggestions only. It is your responsibility to wholly consider the products and their suitability for the end-user. You hereby agree to 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, including these Sale Terms.

20. Your obligations in relation to the KeepCup IP and products

You agree that:

(a) you will clearly and visibly display KeepCup’s brand, logo, and trademark 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 and subject to all applicable KeepCup quality control requirements;

(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 or through discount retailers except as approved by KeepCup in writing;

(i) products will always be sold and displayed with the instruction booklet inserted inside the cup; and

(j) in the event that the end-user has the KeepCup filled on purchase, they will be provided with the instruction booklet at point of purchase.

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 after the due date designated in the applicable Sales Order or Contract, you hereby grant to us an irrevocable full and free license 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 rights through you.

You shall 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.

22. Default

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;

(f) you are in breach of these Sale Terms or our Website Terms of Use & Service.

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 immediately upon giving written notice at any time. We may also: (a) withdraw any credit facilities which may have been extended to you and demand immediate payment of all moneys owing to us; (b) withhold any further deliveries of products; or (c) suspend and/or terminate performance of any other Contracts which we have with you.

You shall indemnify us against any loss, costs, fees, charges and disbursements incurred by us or charged by any attorney, 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 these 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 and you hereby grant to KeepCup: (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 these 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).

This 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 at least seven (7) days’ written notice prior to: (a) any change of your ownership (whether by asset sale, equity sale, or otherwise), or other change of control of your business; (b) any change of directorships in the case of a corporate customer, which brings about a change in effective control; or (c) 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.

Promotions

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.

Current Promotions

Privacy Policy

Updated: February 12, 2020

This Privacy Policy (this "Privacy Policy") applies to all personal information collected by KeepCup Pty Ltd, an Australian Private Company, ACN 079 542 813, and KeepCup Ltd., a Delaware corporation (collectively, "KeepCup" / "We" / "Us" / "Our"), whether via our website www.au.keepcup.com, www.us.keepcup.com, or any other localised domains, websites, mobile sites, applications, social media accounts, or profiles owned or operated by KeepCup (collectively, our "Site") or by any other means. We respect the privacy of our customers and online visitors to our Site and recognise the importance of protecting any personal information we need to collect.

Your privacy is very important to us, and we suggest you carefully read this Privacy Policy in its entirety as it describes the practices we employ to manage and safeguard the personal information you provide to us.

By visiting our Site, or placing an order for products, you are accepting and consenting to the practices described in this Privacy Policy. However, if you do not provide the information we require, we may not be able to provide products or services to you.

Children's Online Privacy Protection:

We do not intentionally collect personally identifiable information about children under the age of 13 and assume all user accounts are opened by adults. If you are under the age of majority in your applicable jurisdiction (but at least 13 years of age) you may use our Site only under the supervision of a parent or legal guardian who agrees to be bound by our Website Terms of Use & Service and our General Terms & Conditions of Sale (collectively, the "Terms and Conditions"). Children under the age of 13 may not use our Site, and parents or legal guardians may not agree to the Terms and Conditions on their behalf. If you do not agree to (or cannot comply with) any of the Terms and Conditions, please do not use our Site.

This Privacy Policy does not apply to any information you provide to a third party, whether or not that third party requires the personal information in connection with our products and services, or our Site.

Definitions

In this Privacy Policy, unless a contrary intention appears:

"personal information" is information or an opinion about an identified individual, or an individual who is reasonably identifiable: (a) whether the information or opinion is true or not; and (b) whether the information or material is recorded in a material form or not;

"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); and
  • 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 our 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 our Site;
  • communicate with us by phone, email or otherwise, complete a questionnaire or inquiry form;
  • subscribe to our mailing list; and/or
  • interact with our 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.

From time to time KeepCup may also employ third party business partners to collect personal information on KeepCup's behalf. In such cases, these third parties will be subject to confidentiality agreements and instructed by KeepCup to comply fully with this Privacy Policy.

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 third party affiliates. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For these reasons we reserve the right to use cookies as an anonymous method of recording your usage of our Site and would ask that if you do not wish to have cookies recorded on your machine, you amend the settings on your browser to prevent them from being created. The "Help" section in your browser should provide you with the necessary information to adjust your settings and control the creation and storage of cookies on your hard drive.

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 our 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).

Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.

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 advertisements repeatedly.

If you alter your browser settings to refuse our cookies, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.

Please note that our advertisers and our third party affiliates may also use cookies, over which we have no control.

Our Site may contain electronic images known as web beacons, which allow 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 Site'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 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 our 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 our 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 or to protect our rights.
  • 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

The data that we collect from you may be transferred to, and stored electronically at, a location within or outside Australia. It may also be processed by staff operating outside Australia who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the provision of support and administration services. By submitting your personal data, you agree to these transfer, storing, and processing practices. These agents have access to the personal information required in order to perform their functions but may not use it for any other purpose and we will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

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 our 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 our 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 our 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 you for proof of identity before we share your personal data with you.

Security

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 Site, 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 by providing such request in writing.

Your consent

By using our Site, you consent to this Privacy Policy. The terms of this Privacy Policy apply to all information you share and/or have shared with us. If you would like to opt-out of the sharing of your information as described in this Privacy Policy, please contact us to do so. You may also opt-out or unsubscribe from communications we send to you. We will honor such requests as soon as possible after we receive them. However, please provide time for us to process such requests.

Revisions to this Privacy Policy

We reserve the right to revise this Privacy Policy or any part of it from time to time, and to publish changes without notice. Please review this Privacy Policy periodically for changes.

Unless stated otherwise, our most recent version of this Privacy Policy applies from time to time to all personal information that we have collected about you.

This Privacy Policy was last updated on February 12, 2020.

Your California Privacy rights

Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Except with respect to the limited exceptions described above, we do not share your personal information with any third parties for direct marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices, you must send a request to us with a preference on how our response to your request should be sent (email or postal mail).

California Do Not Track Notice Disclosures

We do not track our users and visitors over time and across third party websites to provide targeted advertising. Consequently, we do not respond to Do Not Track (DNT) signals. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.

How to contact us if you have complaints or queries

If you believe that we have breached this Privacy Policy or if you have any questions or concerns about this Privacy Policy or how we use your personal information, you may contact us by email privacy@keepcup.com or via our other contact details.

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
Email: enquiries@oaic.gov.au
Website: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint