CUPLINGS FOUNDATION (NPC)
TERMS OF USE
Cuplings Foundation is a non-profit Company with Registration No. 2022/292095/08;
Its registered office is 3158 Waterkloof Hills Estate, Rustenburg North West, South Africa.
How we use your personal information
Access to and use of this website (www.Cuplings.com) any related websites within the domain of Cuplings.com (the "Website") is provided by Cuplings Foundation (“Cuplings”) and is subject to the following terms:
Terms of Use
• By using the website, you agree to be legally bound by these terms of use, which shall take effect from your first use of the Website. If these Terms and Conditions are not accepted in full, the use of the website must be terminated immediately.
• For the purposes of this agreement, "content" means material including, without limitation, video, text, audio and Graphics, published on the Website, whether copyright of the Cuplings Foundation or a third party.
• Cuplings Foundation does not warrant that the functions contained in this Website will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the content.
• Cuplings Foundation does not warrant that functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available on the internet are virus-free.
• No data transmission over the internet can be guaranteed to be 100% secure; therefore, any information sent by e-mail or submitted through the Website is at your own risk.
• The Website is provided "as is" without any representations or any form of warranty (whether made expressly or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
• Cuplings Foundation reserves the right to change these terms at any time by posting changes online. Your continued use of the Website after any changes are posted means you agree to be legally bound by these terms as updated and/or amended.
• The terms and use of the Website shall be governed by South African Law and shall be subject to the exclusive jurisdiction of the court of the Republic of South Africa.
• Should Financial Contributions for any campaign exceed our target for that specific campaign, then we will use your Financial Contribution to help other vulnerable children around the world wherever the need is greatest.
• Refunds are at the discretion of Cuplings Foundation.
• We do not actively fundraise from anyone under 18 years old.
• All material on the Website is the copyright of Cuplings Foundation or third parties. You may view the content of this site on screen. You may not copy, reproduce, republish, download, post, broadcast, transmit or otherwise use the Website content in any way except for non-commercial, personal or educational use. You also agree not to adapt, alter or create a derivative work from any of the Website's content under any circumstances without receiving prior written permission from Cuplings Foundation.
• The names, images and logos identifying Cuplings Foundation or any other third parties referred to on the Website, including their products and services may be subject to copyright, design rights or trade mark rights. These trademarks may not be reproduced without the consent of the relevant owners. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of Cuplings Foundation or any other third party featured on the website.
• You agree to use the Website for lawful purposes and in a way that does not infringe the rights of, nor restrict or inhibit anyone else's use and enjoyment of, the Website.
• If there is any conflict between these terms and any rules and/or specific terms of use appearing on specific sections of the Website, then the latter shall prevail.
• Cuplings Foundation will not be liable for any damages, including indirect or consequential damages, or any damages arising from the use or loss of use of the Website, or the loss of data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of the Website.
• The Website may contain links to other websites. These links are provided for your convenience and Cuplings Foundation has no control over such websites, nor is it responsible for their content. Cuplings Foundation’s Privacy Policy does not extend to any websites that can be accessed from www.cuplings.com or any related websites within the domain of @cuplings.com The inclusion of these links on the Website does not imply endorsement of any material on those websites, or any association with their operators, unless otherwise stated in our ‘Terms of Engagement’. Cuplings Foundation cannot guarantee the security of these sites, the operation of the links or that they will be virus-free.
• Your use of any third party websites is at your own risk and subject to their respective terms & conditions and privacy policies.
• Any Instance where you are invited to submit any contribution to Cuplings Foundation (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant Cuplings Foundation a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in Cuplings Foundation’s privacy policy. If you do not want to grant Cuplings Foundation the rights set out above, please do not submit your contribution.
• Contributions must be your own, they must be civil and tasteful. They must not contain any unlawful or objectionable content and they must not infringe the law. You agree that Cuplings Foundation shall not be responsible for yours or anyone else’s contributions to its Website or any form of social media. Should you identify contributions which are unlawful, distasteful or otherwise objectionable then please contact Cuplings Foundation.
• When you providing your details or contributions to us you are stating that you are over 18 years of age or are a minor with parental consent. You agree that any information you provide to us about yourself upon registration or at any time will be true and accurate.
• You agree to review this agreement periodically to ensure you are aware of any changes.
CUPLINGS Pty Ltd: General Terms & Conditions
These terms and conditions of trade apply to all our sales. Any order placed with Cuplings Pty Ltd (“Our”, “Us”, “We”) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 Unless otherwise agreed in writing with us, you must not purchase goods from us for the purpose of resale.
1.3 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract).
2. Price
2.1 Prices quoted on our website include GST and delivery costs. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time.
2.2 The prices we charge must be paid before we have an obligation to deliver.
3. Payment
3.1 Payment will be in accordance with our online service by credit card with an EFT Option.
3.2 For special deliveries and payment (for example retail) please contact us at Wholesale@Cuplings.com.
4. Delivery
4.1 We shall deliver the goods to the address stated on the online order.
4.2 We shall deliver the goods by such method we consider to be appropriate from time to time.
4.3 The Customer agrees to inform us within 14 days of the date of order if proof of delivery is required. After this period, no liability will lie with us for proof of delivery.
4.4 We will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond our control. We are not responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5. Guarantees
5.1 The South African Consumer Protection Act, No 68 of 2008 applies to this contract and accordingly:
(a) if any of the goods fail to comply with any guarantee in the Consumer Act, we will replace those goods;
(b) without excluding our obligations under the Consumer Act 2008, the Customer acknowledges that we do not provide any Express Guarantees (as defined in that Act);
5.2 There are otherwise no returns on sales and we do not offer refunds where you have changed your mind once you have received your item.
5.3 You are responsible for the proper cleaning and maintenance of our products. You acknowledge that you have read our “Cuplings 101” section of our website before agreeing to purchase.
5.4 You otherwise agree to purchase at your own risk. You agree that we are not liable for any direct or indirect loss or damage howsoever arising.
6. Intellectual Property
6.1 We own all copyright and other intellectual property in our products and trademarks. Everything on this website is copyright. We welcome the use of this site for personal use, non-commercial use, research or study – provided that the user acknowledges all copyright and other notices contained in the content.
6.2 You may not copy or display or use for commercial purposes, any part of this site without our express permission.
7. Governing Law
7.1 These terms and conditions are governed by the laws of South Africa.