1. Introduction to Terms and Conditions 

Please read these Terms and Conditions carefully before accessing and using Cupello.com (the Site)

The Site is operated by Cupello Ltd. We are a company registered in England and Wales with the company registration number 451593. Our registered office address is 2a The Quadrant, Epsom, Surrey, KT17 4RH.  Our VAT number is 11990876. 

These are the Terms and Conditions which govern your use of the cupello.com website (Site) and any of its’ Content, apps or software tools available for use on a desktop computer, laptop computer or any mobile device such as a tablet, smartphone, or handheld digital device.

These Terms apply regardless of whatever device you are using and any other mobile device or technology whether now known or developed in the future.

You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with Cupello or subscribe for email or online services or submit an email to us. 

Content for the purposes of these Terms includes any material contained on the Site, either in its entirety or part thereof.  This includes any text, graphics, logos, photo imagery, video and moving images, audio material, software, and software design tools, including anything made available for download. 

Trade Marks means the trademarks, logos and service marks (whether or not registered) displayed on the Site.

2. Updates and Changes to the Terms and Conditions

We reserve the right to update and change these Terms and Conditions from time to time. Any updates or changes to the Terms and Conditions will be effective immediately upon being updated on the Site.  Once posted your continued use of the Site will be deemed acceptance of the changes.

3. Access and Registration

Access to the Site, our Content and associated services including email is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. You must not share or disclose your password to any third party, nor allow any third party to use your password to gain access to the site. We retain the right to refuse, remove or suspend your registration at any time if we deem there has been a breach of our Terms and Conditions.

4. Acceptable Use of the Site

You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use. If you wish to use the Sites content for commercial purposes, you must obtain permission and a licence from us in advance.

You may not modify, edit or alter any Content that you download from the Site.  This includes any text, graphics, logos, photo imagery, video and moving images, audio material, including anything made available for download. 

You may not translate or sell our Content from the Site to a third party or for use on another Site, or commercially exploit the Content without our prior written consent.

You may not copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.

Any such use of this website or the content is prohibited without an appropriate license. Please contact [email protected] .

When using our Site, you must at all times do so lawfully.  You must not infringe or restrict anyone else’s rights or use of the Site. You must not use the Site to upload any material or link to any material which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive, contains or may be associated with a computer virus or other harmful component, or in breach of any third-party rights (including intellectual property right). Or in violation of any local, state, national or international law.

At our discretion without notice and at any time, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. As permitted by law, Cupello and none of its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.

5. Intellectual Property

All Content on the Site including intellectual property rights and the Trade Marks is either owned or licensed by Cupello Ltd.  Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive license to access, browse and use the Site (including the Content and Trade Marks).

6. Paid Subscription Licence

It is your responsibility to manage your subscription when you become a paid license subscriber of the Site.

You must be a minimum of 16 years of age to subscribe to our Site or have parental consent to do so. You must access our Site from the country of your residence. You must be legally capable of entering into a binding contract. The subscription will become active at the point at which you pay for it.

Unless you state at the time of signing up for a paid license subscription, you agree that your paid subscription will be automatically renewed at the end of the initial subscription period, and thereafter.  We will use the initial payment method unless otherwise stated. If you wish to cancel your paid subscription prior to renewal you must do so via your account settings on the Site. You will not be notified in advance of a payment being taken. Unless requested in writing you not be sent a receipt for successful renewal payments taken.

If you contract to our Site as a paid subscriber and purchase the subscription as a consumer-defined by the Consumer Contracts Regulations 2013. You may cancel your subscription at any time within fourteen days, beginning on the day after you subscribed to the Site. 

To cancel your paid subscription, you must do so through your account settings on the Site and canceling the payment with your card provider or by sending an email to us at [email protected]  Or by writing to us at 2A The Quadrant, Epsom, KT17 4RH.

Our refunds policy for non-canceled paid license subscriptions is provided at our discretion.

All agreed refunds are subject to a transaction handling fee of 12% of the value of the refund.

Once your paid license subscription is activated, we grant you a non-exclusive, non-transferable license to use the Content on the terms and conditions herein;

You may access the Content on the Site and associated software for your private use only.

You can only transfer the Content from one computer or digital device to another provided it is used on only one computer or digital device at any one time.

The Content and software featured on the Site can only be used as permitted under our Terms.

7. E-commerce and Third-Party Services

E-commerce and Third-Party services available via the Site are provided either by us or directly by third parties via websites that are framed on the Site. Where we act as principal, specific terms and conditions will apply to any resulting online sales and these will be drawn to your attention before the sale is complete. Where we frame third party websites, the following applies:

The contract for the goods or services in question will be made directly between you and the relevant third-party supplier. Please make sure that you have read the relevant third-party supplier's terms and conditions before completing your transaction. You can obtain a copy of the relevant supplier's terms and conditions by contacting the supplier directly.  We have no contractual liability to you in respect of the goods or services provided by a third-party supplier. 

8. Links to Third Parties

Where our Site contains links to third-party websites and resources. 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, nor do we endorse in any way such third-party websites or their content. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.

9. Commercial Partnerships and Sponsorship

Parts of the Site contain commercial partnerships and sponsorship. Commercial partners and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any material which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such material and any issues which you may have should be raised directly with the relevant advertiser or sponsor.

For more information about becoming a commercial partner or sponsor on the Site, go to [email protected] 

10. Regular Site Updates 

Our Site is updated regularly with new Content and features. From time to time, we may suspend access to certain areas of the Site, Content and features, or close them indefinitely. On occasion Content and features may be out of date, we are under no obligation to update those features or Content.

11. Submitting Material to Our Site

If you submit or upload material to our Site where it is permissible, you agree to adhere to our ‘Acceptable Use of the Site’ policy section 4.

You warrant that you will comply with the standards in section 4.  

You agree: 

To indemnify us for any breach of that warranty.

To grant us a royalty free, worldwide, perpetual license to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, assign, transmit, adapt, edit, create derivative works from, perform, exercise publicity and copyright rights in relation to such material in any manner and in any format and/or media.

That we may disclose your identity to any third party making any claim or assertion of any kind in relation to your material; and

In submitting material to us, you warrant that any material you submit:

Is your own original work and that you own the copyright and any other relevant rights.

We may choose to publish or not publish any material you submit to us and exercise our rights in relation to that material in our absolute discretion.

We will not be liable to any third party, for the content or accuracy of any materials posted by you on our Site.

We reserve the right to remove any material or posting you make on our Site if, in our opinion, the material does not comply with our ‘Acceptable Use of the Site ’ policy.

12. Linking to Our Site

You may only link to our Site if you own the site you are linking to our Site.

You may only link to our Site if you comply with our ‘Acceptable Use of the Site’ policy. This means that it is legal and will not harm our reputation or suggest that we endorse or support the linking site. 

You can only link to our home page.

You must not frame our Site on any other site.

13. Limitations and Exclusions of Liability

If you choose to access the Site, you do so at your own risk.  You are responsible for compliance with all relevant and applicable laws. We do not claim that the Content contained within our Site is appropriate or authorised for use in all countries and jurisdictions. 

Content and materials on our Site are not intended to be taken as advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such content and materials by any user or subscriber of our Site.

When using our Site, either to download Content or connect with another website linked to our Site, we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, digital devices, computer programs, or other data.

All information and data on the Site is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.

Neither Cupello nor any of its data providers or third-party affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.

You agree that Cupello, its directors, employees, agents or other representatives, data providers or third party affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

Interruption of business; or

Access or other delays, terminations, suspensions, denials or access interruptions to the Site; or

Data non-delivery, data mis-delivery, data corruption, destruction of data or other modification of data; or

Third party website links on the Site; or

Reliance on the information contained on the Site; or

Computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or

Any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or

Events beyond our reasonable control.

14. Indemnification 

You will indemnify and will keep indemnified Cupello and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:

Any breach of these Terms by you; or

Your fault, negligence or breach of statutory duty; or

Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.

15. Governing Law & General Information

These Terms are governed by English Law and subject to the exclusive jurisdiction of the courts of England and Wales. 

Any contractual or legal relationship between you and Cupello will be conducted in English.

All notices shall be given by e-mail to us at [email protected] or by writing to us at 2A The Quadrant, Epsom, KT17 4RH.  All notices from Cupello will be given to you at your e-mail you provide during the registration process. 

These Terms form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.

The paid subscription licence granted in section 6 above is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.

Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

No waiver by Cupello of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and Cupello shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

16. Data Protection and Privacy

For full details of the way in which we use cookies on the Site and how we hold and process information from which we can identify you or any third party are set out in our Privacy and Cookie Policy.