CUPS Terms of Service


Summary

This is a plain English summary of our Terms of Service written in non-legal language. It is only an outline of the complete Terms of Service. By using the Services, you agree to the complete Terms of Service below.

 

The Full Terms of Service

Urban Cups Inc. (“Urban Cups”, or “us”, “our”, “we”, “CUPS”) provides a mobile application (the “App”) for discovering and purchasing drinks from participating providers (“Coffee Shops”). These Terms of Service (“Terms”) govern your access and use of the App, our website (the “Site”), located at www.cupsapp.com, and other services that we may provide (collectively, the “Services”). “User” or “you” means an individual or entity end user of the Services.

 

Please read these Terms carefully. You must accept these Terms prior to using the Services. By using the Services, you signify your consent to these Terms, including without limitation all terms herein regarding our collection, use and storage of data (our “Privacy Policy”). We may modify these Terms from time to time, in which event CUPS shall make commercially reasonable efforts to contact you in respect of any material changes. Notwithstanding the foregoing, your continued use of the Services after any changes to these Terms will be deemed acceptance of such amended or updated Terms.  If you do not agree to any of these Terms, please do not make any use of the Services.

 

Use of Services

CUPS allows you to access and use the Services, subject to these Terms, for your own personal use. You may not use the Services in connection with any other commercial endeavor. You may not create more than one account per individual or mobile device, and you may not access any account other than your own. CUPS may, in its sole discretion and at any time, discontinue providing the Services or any part thereof without notice.

 

Use of and access to the Services is void where prohibited by law. By using the Services, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Services and (d) your use of the Services does not violate any applicable law or regulation or any obligation.

 

The Services use Google Maps. By using the Services you agree to be bound by Google’s Terms of Use, located at https://developers.google.com/maps/terms  and Google’s privacy policy, available at http://www.google.com/policies/privacy/.

 

Account Registration

You may register to use the Service by verified email address or by connecting through Facebook or Google+. By registering through a Facebook or Google+ account you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of those services. We may terminate your use of the Service without notice if others use your account inappropriately by others, or if you or anyone using your account violates these Terms. If your account is terminated, you may not rejoin the Service again without our express permission. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if you were not aware of or did not authorize such activities. CUPS will not be liable for any losses or damage arising from unauthorized use of the Service, and you agree to indemnify and hold CUPS harmless for any improper or illegal use of the Service, and any charges and taxes incurred, unless you have notified us via e-mail at policies@cupsapp.com that your account has been compromised. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Services.

 

Termination of Account

 You agree that CUPS may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Services any content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) unreasonable use of the Plan (as defined below), (iv) fraudulent, harassing or abusive behavior, or (v) behavior that is harmful to other users, third parties, or the business interests of CUPS.

 

If CUPS believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate use of the Services.

You may request termination of your CUPS account at any time and for any reason by sending an email to contact@cupsapp.com. Any suspension, termination, or cancellation shall not affect your obligations to CUPS and its licenses under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

 

Purchasing

The Services can be used at participating Coffee Shops. We reserve the right to add or remove participating Coffee Shops at any time in our sole discretion. We will however use reasonable efforts to publicize such changes using appropriate channels.

CUPS functions as a payment platform, offering our users the ability to pay for their coffee and other beverages, plus food and tips at participating locations, through the app, with a payment method of their choice. CUPS users receive a 15% discount off the menu price (after taxes) on all of their beverage purchases made through the app. These purchases are tracked over time, and typically charged to the user’s payment method within 5-7 days, but we reserve the right to charge anywhere from immediately up to a month after the fact.

In case of failure of a charge to your payment method, CUPS will continue to attempt to charge your account. In the case of multiple failures, we reserve the right to suspend your account until the issue is resolved. If you remove your payment method, all outstanding charges will be charged immediately. CUPS Balance from coupons or referral program can be used for beverage and eats payments, but not tips.

 

The availability and selection of eats or other items will vary from Coffee Shop to Coffee Shop. While we take care in the selection of our Coffee Shop partners, we are not responsible for Coffee Shop customer service or the pricing, quality, availability, or accuracy of descriptions of food or other menu items that Coffee Shops may offer. If your payment information is inaccurate or out of date, we may disable your ability to make charges.

 

Refunds. CUPS does not provide refunds for previous transactions, unless the relevant issue was the fault of CUPS. CUPS may choose to accept refund requests and to process refunds in specific cases. A $5 minimum fee will be deducted from the refund amount, to cover clearing cost and handling.

Termination. If CUPS terminates your Account due to termination of the Service we will provide you with thirty (30) days notice and will allow you to use your Account for a period of thirty (30) days from the date notice of termination is delivered.

Placing Orders. Use the App to place orders in participating Coffee Shops.

The App will suggest nearby Coffee Shops or, If location services on your device are disabled, the App will list Coffee Shops in alphabetical order.

Here's how it works

  1. Choose a Coffee Shop from the App.
  2. Choose a drink (the prices will be visible on the menu screen).
  3. Add a food item if you like
  4. You can choose to leave a tip in $0.50 increments up to $2.
  5. Select “Check out״ in the App.
  6. Present your device at the register or to your server for validation with the Coffee Shop’s code.

 

 

Notwithstanding the foregoing, CUPS cannot and does not take any responsibility or liability in respect of the quality of any of the drinks and/or other products provided in any Coffee Shops and/or by any third parties. CUPS cannot and does not take any responsibility or liability in respect of actions, errors or omissions of any Coffee Shops and/or by any third parties.

Referral Program

The CUPS referral program is currently on hold. The below refers to our previously existing program, and will not be in effect until such a time as we decide to re-activate the program.

Here's how it works

  1. Refer new members to CUPS and you both benefit. Get your referrer code from the CUPS App and share it with friends and family you think would like CUPS.
  2. Your referrals should then download the CUPS App, sign in, and enter the code at the “Enter Coupon” field, under the menu.
  3. Once submitted, your referrals will receive credit on their account, which is eligible for any purchase except tips.
  4. The credit must be redeemed within 7 days and will be applied automatically to the first purchase on the new account.
  5. Upon their redeeming the coupon and making their first purchase, you, as the referrer, will be rewarded for credit, at the same conditions as mentioned above (but your credit will expire after 30 days).
  6. By sharing your code or accepting it, you and your referrals are accepting the CUPS Referral Program Terms and Conditions and the full CUPS service terms and conditions.

Referral Program Terms and Conditions

CUPS Mobile is a business name of Urban Cups Inc. and "CUPS” means Urban Cups Inc. "You" and "your" means CUPS account holders who participate in our referral program.

 

Promotions

CUPS may use coupons, credits (including referral credits) or free cups (“Promotional Credits”) for promotional, incentive, or loyalty purposes, to reward or recognize certain Users, or for any other reason it may choose.

Limitations:

Payment

Charges for use of the Services are handled by our payment processor, Stripe, which currently supports a selection of major credit cards. We or our payment processor may add or change payment methods from time to time without notice. Please note that third-party payment processors are not controlled by or affiliated with us, and you will be subject to the terms and conditions applicable to the use of the relevant service.

 

Intellectual Property

CUPS and its licensors own the Services, including all worldwide intellectual property rights in the Services, and the trademarks, service marks, and logos contained therein.  Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sub-license, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Services or any information, materials, forms, and data available through or displayed on the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of CUPS or any third party.

 

Restrictions

Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) decipher, decompile, disassemble, or reverse engineer or attempt to find the underlying code of the Services; (b) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (c) use the Services in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval services, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (e) harvest, collect or mine information about other users of the Services; (f) use or access the account or password or another User; (g) modify the Services, or in any other way manipulate the Services; or (h) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Services except as expressly permitted by these Terms.

 

Disclaimers and Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from CUPS. You should always check any information provided through the Services to ensure its accuracy. CUPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Services, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUPS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Services; OR (II) THAT THE Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE Services.

 

Content on the Services originates from a variety of sources, including Google Maps. CUPS attempts to be as accurate as possible. HOWEVER, CUPS DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice (including after you have submitted an order).

 

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) OR OF ANY PERSONS WORKING OR REPRESENTING THE COFFEE SHOPS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

No advice or information, whether oral or written, obtained by you from CUPS, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

CUPS content and Coffee Shop information is made available to users for information purposes only. While we make our best efforts to keep Coffee Shop information up-to-date, we cannot make any guarantees of its completion or accuracy. We still welcome feedback from users about the content of CUPS.

 

Limitation of Liability

IN NO EVENT SHALL URBAN CUPS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE Services, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT URBAN CUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL URBAN CUPS' CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO URBAN CUPS FOR USE OF THE Services. IF YOU HAVE NOT MADE ANY PAYMENTS TO URBAN CUPS FOR THE USE OF THE Services, THEN URBAN CUPS SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

 

In addition to the foregoing, CUPS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure. CUPS is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Services, including any injury or damage to users or to any person's mobile device or computer related to or resulting from participation or downloading materials in connection with the Services. UNDER NO CIRCUMSTANCES SHALL URBAN CUPS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.

Indemnification

 You agree to indemnify, defend, and hold harmless CUPS and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Services, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Services, including, without limitation, provision of services in connection with the Services shall be in compliance with all applicable laws, regulations and guidelines.

 

App Stores: Apple & Google Play

The following terms apply if you purchased a copy of the App through the Apple App Store. Apple is not responsible for addressing any claims related to the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the App infringes the intellectual property rights of any third party. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Miscellaneous

These Terms shall be governed by the law of the State of New York exclusive of its choice of law rules. Your use of the Services, the Site and the App may also be subject to other local, state, and federal laws. Any action to be brought in connection with these Terms or the Services shall be brought exclusively in the courts in New York and you irrevocably consent to their jurisdiction. Any cause of action against CUPS must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision that most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and CUPS or authorizes you to act on behalf of CUPS. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between CUPS and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account or account of any social networking site that you provided upon registration.

 

Privacy

 CUPS respects your right to privacy. Your ability to make informed choices about the uses of your information is important to us. This section provides detail on how we collect, use and store information and data that we receive. If you have any comments or questions about our privacy policies, please contact us at policies@cupsapp.com.

 

Information We Collect

Personal Information” means information that can be directly associated with a specific person or entity such as a name, telephone number, e-mail address, or information about activities directly linked to a person, such as that person’s location. Examples of the Personal Information that we collect from you include your name, location, credit card and billing information and e-mail address. It is your voluntary decision whether to provide us with any such Personal Information, but if you refuse to provide such information we may not be able to register you to use the Services.

 

In order to use our Services, you will be required to register and provide us with certain Personal Information. We also collect Personal Information when you make use of the Services or contact us for any other reason. We also collect the location of your mobile device when the Services are operating. If you log in to the Services through Facebook Connect, Google+, or another social network, we may also receive personal information about you from those networks.  

How We Use Information

Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order. We may use Personal Information internally – for example, to help diagnose problems with our servers, to make CUPS more useful, to customize CUPS and personalize its content for you.

 

In addition, by analyzing all information we receive, including all information concerning users, we may compile statistical information across a variety of mobile applications and users (“Statistical Information”). Statistical Information helps understand trends and customer needs so that new products and services can be considered and so existing products and services can be tailored to customer desires. Statistical Information is anonymous and we will not link Statistical Information to any Personal Information. We may share such Statistical Information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.

 

How we Protect Information

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 

We will delete any information provided to us by a user upon the receipt of a written (including via email) request by such user.  

 

Cookies

A cookie is a small piece of text that is sent to a visitor's browser. The browser provides this piece of text to the device of the originating visitor when this visitor returns. CUPS uses cookies to help personalize your experience. A “persistent” cookie may be used to help save your settings and customizations across visits. Also, if you log into the App, such a cookie will be used to recognize you as a valid user so you will not need to log in each time you use CUPS.

Third Party Sites and Applications

Portions of the Services (including, without limitation, advertisements) may involve linking to or using web sites or applications belonging to third parties. The Services may also provide you with links to access the sites of third party vendors or retailers. We have no control over third-party sites or applications, and all use of third-party sites or applications is at your own risk. Additionally, CUPS cannot accept responsibility for any payments processed or submitted through such third party sites or applications, or for the privacy policies of any such sites. CUPS is not responsible for content or available by means of such sites or applications. CUPS does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites or applications.

Eligibility

The Services are not intended for use by anyone under the age of 13, or any other person that is a minor under applicable law. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SERVICES. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to Minors.

Communications

We may send you e-mail, SMS, push notifications or other messages about us or our products and services. By accepting the Terms (including the terms of this Privacy Policy which are incorporated therein) or using the App, Site, or Services, you affirmatively consent to receive such commercial messages. As a registered member, you can remove your personal information from our mailing list and stop receiving future communication from us by following the unsubscribe link located at the bottom of each communication or by emailing us at unsubscribe@cupsapp.com. You will also be given the opportunity to unsubscribe from commercial messages in any such e-mail or message we send.  Please note that we reserve the right to send you service related communications, including service announcements and administrative messages, relating either to your account or to your transactions on the App, Site, or Service, without offering you the opportunity to opt out of receiving them unless you cancel your account.

Updating, Reviewing or Correcting Information

You may update, review or correct the Personal Information on the App, Site or Services, at any time e-mailing us at contact@cupsapp.com.

Other Uses or Transfer of Your Information

We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any user suspected to have engaged in illegal or infringing behavior.

In providing the Services, we may use subcontractors that are located in countries other than your own, and send them information we receive. For example, we may send your information to any countries outside the United States or the European Union. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, the level of protection for personal and other information varies from jurisdiction to jurisdiction. Protections in jurisdictions in which we operate may not be as extensive as your country of residence or business.

We may transfer our databases containing your Personal Information if we sell our business or part of it.

Last updated May 2017