TERMS AND CONDITIONS

 

 

 

 

For the purpose of this website and this document, KuploK Licensing LLC will be referred to as KuploK, KuploK Plate and or The Compnay.

 

Credit-This document was created using a Contractology template available at http://www.contractology.com. Additional items have been added by KuploK Licensing LLC as needed.

 

Introduction

 

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

[You must be at least [18] years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.]

 

[This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to KuploK’s use of cookies in accordance with the terms of KuploK’s [privacy policy / cookies policy].]

 

License to use website

 

Unless otherwise stated, KuploK and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]

• [edit or otherwise modify any material on the website; or]

• [redistribute material from this website [except for content specifically and expressly made available for redistribution].]

 

[Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

 

Acceptable use

 

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without KuploK’s express written consent.

 

[You must not use this website to transmit or send unsolicited commercial communications.]

 

[You must not use this website for any purposes related to marketing without [KuploK’s] express written consent.] 

 

[Restricted access

 

[Access to certain areas of this website is restricted.]  KuploK reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at KuploK’s discretion.

 

If KuploK provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

KuploK  may disable your user ID and password in KuploK’s sole discretion without notice or explanation.]

 

[User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to KuploK a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to KuploK the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or KuploK or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

KuploK reserves the right to edit or remove any material submitted to this website, or stored on KuploK’s servers, or hosted or published upon this website.

 

[Notwithstanding KuploK’s rights under these terms and conditions in relation to user content, KuploK does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  KuploK makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, KuploK does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

KuploK will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• [to the extent that the website is provided free-of-charge, for any direct loss;]

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if KuploK has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit KuploK’s liability in respect of any:

 

• death or personal injury caused by KuploK’s negligence;

• fraud or fraudulent misrepresentation on the part of KuploK; or

• matter which it would be illegal or unlawful for KuploK to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, KuploK has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against KuploK’s officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect KuploK’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify KuploK and undertake to keep KuploK indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KuploK to a third party in settlement of a claim or dispute on the advice of KuploK’s legal advisers) incurred or suffered by KuploK arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to KuploK’s other rights under these terms and conditions, if you breach these terms and conditions in any way, KuploK may take such action as KuploK deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

KuploK  may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

KuploK may transfer, sub-contract or otherwise deal with KuploK’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Links from other websites

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with the State of Texas, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of [JURISDICTION].

 

Waiver and Serverability

 

No waiver by the Company of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

 

                                                                                           Online Purchases

 

Online purchases thru our website are re-directed off site to PayPal a third party for payment processing. Please refer to their Terms and Conditions. (https://www.paypal.com/us/webapps/mpp/ua/legalhub-full).  KuploK reserves the right to add additional third party payment processing companies to our website and each companies Terms and Conditions will apply when used. ALL SALES ARE FINAL and NO RETURNS without written approval from KuploK.  KuploK reserves the right to deny/reject any order(s) deemed necessary by KuploK and refund money to purchaser without explanation.

 

Online Store & Order Fulfilment

 

We will do our best to keep our inventory and online offering up to date and fulfil orders in a timely manner. In the event we are unable to fulfil an order that has been placed and processed, KuploK will notify customer affected and KuploK will decided to fulfil order with an extended lead time or to cancel the order and provide a full refund to customer. It is KuploK’s intend for all orders to ship within the continental US and selected US territories. In the event an order is placed with a shipping address not confirmed or outside our intended shipping area, KuploK reserves the right to cancel the order and refund customer.  

 

Retruns

 

ALL SALES ARE FINAL, NO RETURNS.  KuploK does however reserves the right to offer returns on a case by case basis.  Purchaser will be responsible for the shipping and all costs assoicated to return product back to KuploK for review and refund of purchase price only.  

 

Damaged Products

 

Orders shipped via USPS include insurance up to $50 per order.  In the event product is delivered damaged please contact KuploK immediately to ensure a claim can be processed.  If KuploK is not able to fulfill a replacment order, KuploK will refund full purchase price with shipping from order that was damaged. 

 

Entire agreement

 

These terms and conditions [, together with website information and statements constitute the entire agreement between you and KuploK Plate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

 

 

                                                                                                           NOTICE:

We reserves the right to change product material and specs based on production available.  Current plate offering is made from HIPS & Cup offering is made from either PP or PS.  KuploK works with most standard 16 and 18 oz disposable cups and or any flexible cup with a rim of the same diameter of the locking rails.  Heavy wieghts, quick movement and or force applied to the plate or cup may cause the plate and cup  to disconnect. Squeezeing the cup when in the locked position will cause the plate and cup to disconnect. DO NOT use KuploK plate with boiling hot foods or cups with boiling hot liquid. DO NOT use in microwave. KuploK Licensing LLC, is not responsible for damaged property from split drink or food. Use responsibly and at your own risk.

 

ALL SALES ARE FINAL, NO RETURNS WITHOUT WRITTEN APPROVAL FROM KUPLOK LICENSING, LLC.  

For additional info please contact us at info@kuplok.com