Terms and Conditions
A Cup Above and its affiliates provide their services to you subject to the following conditions. If you visit or shop at A Cup Above, you accept these conditions. Please read them carefully. In addition, when you use any current or future A Cup Above service or visit or purchase from any business affiliated with A Cup Above, whether or not included in the A Cup Above Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit A Cup Above or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of A Cup Above or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of A Cup Above and protected by international copyright laws. All software used on this site is the property of A Cup Above or its software suppliers and protected by international copyright laws.
LICENSE AND SITE ACCESS
A Cup Above grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of A Cup Above. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of A Cup Above. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of A Cup Above and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing A Cup Above's name or trademarks without the express written consent of A Cup Above. Any unauthorised use terminates the permission or license granted by A Cup Above. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of A Cup Above so long as the link does not portray A Cup Above, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any A Cup Above logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. A Cup Above does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use A Cup Above only with involvement of a parent or guardian. A Cup Above and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. A Cup Above reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant A Cup Above and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant A Cup Above and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify A Cup Above or its affiliates for all claims resulting from content you supply. A Cup Above has the right but not the obligation to monitor and edit or remove any activity or content. A Cup Above takes no responsibility and assumes no liability for any content posted by you or any third party.
A Cup Above and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from A Cup Above are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
A Cup Above and its affiliates attempt to be as accurate as possible. However, A Cup Above does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by A Cup Above itself is not as described, your sole remedy is to return it in unused condition.
Parties other than A Cup Above and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. A Cup Above does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY A CUP ABOVE ON AN "AS IS" AND "AS AVAILABLE" BASIS. A CUP ABOVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, A CUP ABOVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A CUP ABOVE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM A CUP ABOVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. A CUP ABOVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting A Cup Above, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and A Cup Above or its affiliates.
Any dispute relating in any way to your visit to A Cup Above or to products you purchase through A Cup Above shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate A Cup Above's intellectual property rights, A Cup Above may seek injunctive or other appropriate relief in any court in Australia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to A Cup Above. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.