Terms & Conditions

Last update: 01/20/2020

Who we are

CUPKO is Cupko Reusable Products Corporation. In addition to its corporate name, CUPKO does business under the business names CUPKO DISTRIBUTION and CUPKO CANADA

CUPKO goods and services (the “CUPKO Goods and Services”) are provided at https://cupko.ca and are described in these terms and conditions which are available at https://cupko.ca/customer-care/terms. These terms and conditions along with our privacy policy available at https://cupko.ca/customer-care/privacy, apply to your use of our web site and the CUPKO Goods and Services.

The CUPKO Goods and Services provide access to reusable products intended to reduce the use of single-use plastic products and in that way contribute to more eco-friendly and sustainable practices that ultimately protect our planet.

Key terms and conditions

Please read these terms and conditions carefully as they govern your access to our goods and services. The most important provisions are:

  • Access: CUPKO Goods and Services are primarily intended for persons who create an account profile on our site. When you create an account profile you certify that the information you provide as part of your account profile is accurate and you undertake to keep the information accurate and up to date as circumstances change;
  • your rights and responsibilities as a user of CUPKO Goods and Services including your obligation to indemnify us against certain claims, and disclaimers of, and limitations on, our liability;
  • suspension, cancellation and termination rights; and
  • changes to the CUPKO Goods and Services and the price of CUPKO products over time.

You may only use the CUPKO Goods and Services if you have accepted these terms and conditions and if you agree that these terms and conditions are a legally binding agreement between you and CUPKO. If you do not agree with these terms and conditions, or our privacy policy, you may not, and must not, use the CUPKO Goods and Services.

CUPKO may terminate your access to the CUPKO Goods and Services if you do not respect these terms and conditions.

You expressly agree that, to the maximum extent permitted by applicable law, the CUPKO Goods and Services and Content are provided on an “as is” and “as available” basis and that your use of and reliance on the CUPKO Goods and Services and Content will be at your sole risk.

The laws in certain jurisdictions, including consumer protection and sale of goods legislation may limit or restrict the following terms and conditions, and depending on your place of residence certain of these limitations may not apply to you or may entitle you to additional rights.

CUPKO DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE GOODS AND SERVICES PROVIDED DIRECTLY OR INDIRECTLY BY CUPKO. WITHOUT LIMITATION AND NOTWITHSTANDING THE GENERAL NATURE OF THIS DISCLAIMER, IN NO EVENT SHALL CUPKO, ITS THIRD PARTY PROVIDERS NOR ANY OF THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOODWILL, EVEN IF CUPKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE. You agree to hold CUPKO and its directors, officers, employees, and representatives harmless from, and to indemnify and defend CUPKO, its directors, officers, employees, and representatives against, any and all claims, demands for loss, liability or damage as provided in these terms and conditions, including, but not limited to, claims for property damage, personal injury or death, by whomsoever brought, arising from any act or omission of CUPKO or its directors, officers, employees, and representatives or any person acting on its behalf in the performance of this contract; and all claims, suits, and damages, by whomsoever brought, by reason of the non-observance or non-performance by CUPKO or its directors, officers, employees, or representatives, or any person acting on its behalf of any of the terms, covenants and conditions herein or the rules, regulations, ordinances, and laws of federal, provincial, municipal, local, or foreign governments, and in all cases shall reimburse CUPKO and its directors, officers, employees, and representatives or any other person acting on their behalf for all attorneys’ fees, costs, and expenses incurred in connection with the defense of such claims.

In order to access the CUPKO Goods and Services, you must first complete a registration form by providing the information that CUPKO needs in order to create your account profile, and then provide a valid means of payment, typically a credit card or other payment means from among those that CUPKO makes available to users of its web site. The prices that CUPKO charges for the CUPKO Goods and Services are solely for the CUPKO Goods and Services available online from time to time on CUPKO’s web site, subject to availability. You are responsible for all equipment, software, and data services required to enable you to access the CUPKO web site and to place orders.

All prices, unless otherwise specified, are in Canadian dollars. CUPKO does not refund the purchase price for CUPKO Goods and Services once products have been shipped, or once CUPKO Services have been provided.

You consent in accordance with CUPKO’s Privacy Policy available at https://cupko.ca/customer-care/privacy to the collection and use of your personal information by CUPKO as contained in your account profile for the purpose of allowing CUPKO to provide CUPKO Goods and Services to you. You must provide accurate and truthful information about yourself when you complete our registration form and that information, including the method of payment you select, must be kept current and accurate.

When you register to access the CUPKO Goods and Services you will create a username and a password. Your password is the key to accessing the CUPKO Goods and Services and your account profile. You must keep your password confidential at all times. Your password may only be used by you in keeping with your account profile. Your password must not be shared with another person to enable that person to access the CUPKO Goods and Services.

You may only access the CUPKO Goods and Services once CUPKO has notified you that your registration is complete. CUPKO reserves the right to refuse a registration request for any reason. For example, CUPKO may wish to limit the number of users as a means to maintain the quality of the CUPKO Goods and Services, or to exclude a user who fails to comply with these terms and conditions. These are only examples and do not limit CUPKO’s right to refuse a registration. CUPKO may choose not to provide a reason for refusing to accept a registration request or an order for CUPKO Goods and Services, and may not be compelled to do so.

The completion of your account profile, your acceptance of these terms and conditions, your payment of the purchase price for the CUPKO Goods and Services that you order on our web site from time to time, and CUPKO’s acceptance of your registration and your order for CUPKO Goods and Services, taken together, are a legally binding agreement. These terms and conditions will be presented to you for review when you register for the CUPKO Goods and Services and you will be asked to agree to respect them before completing your registration, and from time to time when you purchase CUPKO products.

If at any time you no longer wish to be bound by these terms and conditions you may close your account, which will result in the deletion of your account profile.

The CUPKO Goods and Services while primarily related to the sale of reusable eco-friendly and sustainable products, also provide access to information. From time to time the information may include literary, musical, dramatic and artistic works, including but not limited to information, data, databases, text, code, algorithms, computer programs, data analysis methods or results, graphics and graphic depictions of data, software, sounds, sound effects, sound recordings, audio, video, cinematographic works, photographs, pictures, and illustrations which are protected by Canadian and international intellectual property laws and treaties, including copyright laws, and that, except as otherwise noted, is owned by CUPKO. All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the CUPKO Goods and Services belong to CUPKO or third parties, as the case may be, and are protected from reproduction, dilution and confusing or misleading uses. All of these elements of information are referred to together as our “Content”.

The CUPKO Goods and Services and Content may contain third-party content, such as links to third-party web sites, and advertisements. Your use of or reliance on third-party content is solely at your own risk. Content sourced from third parties is not under CUPKO’s control.

The CUPKO Goods and Services enable you to purchase CUPKO products that may be customized to your needs by allowing you to upload materials including text and images (“Customer Materials”) to be imprinted on the CUPKO products you choose to purchase. By submitting Customer Materials to the CUPKO web site, you declare to CUPKO and warrant that:

  • you own all copyright, trademark, or other intellectual property rights to the Customer Materials;
  • by uploading the Customer Materials you waive and release all moral rights that you may have in such Customer Materials;
  • the Customer Materials do not contain information you know to be false, inaccurate or misleading;
  • the Customer Materials are not in any way obscene, hateful, offensive, threatening, harassing, defamatory, or libelous to any person;
  • the Customer Materials do not contain anything that may damage or interfere with CUPKO’s programs, data, or systems.

CUPKO does not warrant that the CUPKO web site and the CUPKO Goods and Services and Content will be available in a timely uninterrupted manner and you acknowledge that CUPKO will, from time to time interrupt the availability of its web site services for regular maintenance activities.

CUPKO may terminate your access to the CUPKO Goods and Services at any time or revise, withdraw, discontinue, amend, or suspend any or all of the CUPKO Goods and Services without prior notice to you and will not be responsible or liable in any way for changing or discontinuing the CUPKO Goods and Services.

Online purchase of CUPKO Products

All orders and purchases made through CUPKO’s web site are specifically subject to the following terms and conditions.

You agree to pay for all charges related to your purchase of CUPKO Goods and Services including the purchase price, shipping and handling charges, and all applicable taxes. All prices listed on CUPKO’s web site are in Canadian dollars and all charges will be processed in Canadian dollars.

CUPKO may change or revise information contained on this web site at any time without notice, and in particular, information concerning the price and availability of products and services.

All prices listed on CUPKO’s web site are subject to confirmation at the time an order is placed and processed.

Restrictions on the sale of CUPKO Goods and Services

  • You must be 18 years of age or older to purchase products from CUPKO’s web site.
  • CUPKO products may not be purchased by persons residing in the Province of Quebec.
  • Any items purchased on this web site will not be delivered to addresses in Quebec or outside of Canada.
  • CUPKO may limit the quantity CUPKO you may purchase and may reject, correct, cancel or refuse orders, for any reason, including if CUPKO determines in its sole discretion that you are not complying with these terms and conditions or if your use of CUPKO Goods and Services is harmful to CUPKO’s business and affairs.
  • CUPKO will not be responsible for any delays in delivery of CUPKO products or services which are beyond its control.
  • CUPKO may provide your information to a reputable third party to verify billing and shipping addresses for orders placed on CUPKO’s web site. This verification process is meant to ensure that the addresses you provide match your credit card information and comply with these terms and conditions. In the event that CUPKO decides not to accept or fulfill an order CUPKO will notify you and refund the related credit card charges.

CUPKO is based in Canada and for that reason these terms and conditions will be interpreted and enforced in accordance with the laws in force in the Province of Ontario, Canada, without regard to conflict of laws rules.

These terms and conditions replace all previous versions of the terms and conditions and CUPKO may update or revise them at any time. Your continued use of the CUPKO Goods and Services constitutes your agreement to be bound by these terms and conditions as amended or revised from time to time.

The parties agree that these terms and conditions and all related documents be drafted in English. Les parties consentent à ce que ces dispositions contractuelles et tous les documents qui s'y rapportent soient rédigés en anglais.