1. These terms ("Terms") govern the access to and use of the Quppa service (the "Service") in Belgium. The provider of this service is CORE cvba-so, Zwartzustersstraat 2, 3000 Leuven, referred to by "Quppa", "We", or "Us". By using our Services, including our App or Website, you agree that you have carefully read, reviewed and accepted these Terms. If you don't agree to these Terms, you may not use our Service.
2. We may amend these Terms from time to time, and the revised version will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Service after we make any changes to them constitutes your agreement to those changes.
3. We provide reusable coffee cups (our "Products") to participating cafes and business (our "Partners"). Customers may use our App to borrow the Products at our Partner's locations (the "Service"). The use of our Service is subject to these Terms.
4. To access our App, you need to register a Quppa user account ("Account"). The information you provide us must be accurate and updated as necessary to remain accurate. Your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account.
5. You agree that at the time of registering your account, you are at least 16 years old. If you are under 16 years old, you guarantee that you have obtained permission from your parents or legal guardian and that they agree that you are bound to these Terms in their name.
6. To use our Service, you need a valid Account and an active membership or subscription. A subscription is valid for a limited amount of time and may be free or paid, in which case you will be billed on a monthly or yearly basis. We reserve the right to make any changes to our subscription plans, such as adding or removing plans, and adjusting the price point. Any such revision or updates to the fees will apply to subscriptions entered into following the effective date of the fee revision or update.
7. Adding a subscription to your account might require a valid debit or credit card or other approved payment method. During the ordering process, the price of your subscription plan will be clearly specified together with its length, the included Product(s) or parts of the Service, the billing cycle and whether or not we will automatically renew your subscription upon expiry. You may only use a payment method that you have the legal right to use and you authorize us to charge this payment method for any fees you incur. If we suspect that any information you've provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account temporarily or permanently.
Borrowing the Product
8. You may only borrow a Product from our Partners using our App, and on the condition that you have registered an account with an active subscription. It is mandatory to use the check-out procedure in the App, which consists of scanning the bar's QR code, indicating in the App how many Products you want to take out, and waiting for them to be added to you Account by the barista.
9. A Product consists only of a reusable coffee cup. Lids that may be offered at some Partner locations are not part of the Product.
10. You agree that the Product remains our property and that the ownership rights will at no moment during your use of the Service, accrue to you.
11. You agree to use the borrowed Product only for its intended use, which is to hold hot or cold drinks for human consumption. You agree to keep the Product in good care and condition and not to keep the Product in unsanitary conditions or modify it in any way. If a Product is damaged or otherwise not suited for further reuse, you will immediately notify us and return the Product to one of our Partners.
12. You agree not to borrow a Product that is damaged, unsanitary or otherwise unsuitable for use. If you are ever presented with such a Product, do not accept it and immediately contact us.
Returning the Product
13. You agree to return the Product within 14 days to any of the Partner locations listed in the App. The barista will scan your Product, which will automatically mark it as returned in our IT system. You agree to verify if the product is properly marked as returned in the App and notify us in case of a problem.
14. Quppa is not responsible for the food and drink service at Partner locations. We take no responsibility for issues in relation to your food or drink order at Partner locations.
15. Quppa is not responsible for the washing, cleanliness or hygiene of the Product. This responsibility lies with our Partners, who have agreed to clean the Products and make them available in accordance with the local laws applicable to them. You agree that you shall hold Quppa harmless in respect of hygiene issues.
16. Our website or App can contain embedded content from or links to third party websites which we have no control over. We take no responsibility regarding the availability, accuracy and completeness of third-party content.
17. You will use the App, our website and its contents at your own risk. You agree not to hold us liable for any direct or indirect damages that result from the use of our online platform or Service. Quppa shall not be considered liable for any use of the App or Website and its contents by any user that is not compliant with the law. You will be liable for communicating information or data which is incorrect, false or infringes on the privacy of third parties.
18. Our liability to you in connection to the use of our Service shall in any case be limited to the amount you have spent on our service and will exclude damages that are indirect or consequential.
Suspension or interruption of our Service
19. We reserve the right to (partly) suspend, modify, withdraw or restrict the availability of our Service, App or Website for business and operational reasons. We will try to give you reasonable notice should such an event occur.
20. We take great care in making sure our App and website are available and working as intended and ensuring that our Partners don't run out of our Product. Notwithstanding, you agree not to hold us liable for damages which may result from interruptions or unavailability of our Service.
22. All intellectual property rights pertaining to our Product, Service, App and Website belong to Quppa and the relevant third-party rights holders. The reproduction, wholly or in part, and in any form whatsoever, of the Products, App and the Website and of their contents is forbidden without prior written consent of Quppa and relevant third-party rights holders.
23. You are not allowed to copy, modify, distribute, sell or lease any part of our Service, App, or Website nor may you reverse engineer or attempt to extract the source code of software. Using our Service in any way that places an unreasonably large load on our infrastructure, such as the use of automated scripts, scrapers, robots, or trying to gain unauthorized access to our Service is forbidden. If you discover a vulnerability in our App or Website, please notify us.
24. You agree that we can terminate your Account and deny you access to our services at any time and for whatever reason we deem reasonable, including a breach of the Terms of this agreement. You will not be refunded for your purchases.
25. You can cancel your subscription at any time in our App. The Service will continue until the end of the subscription period and will then terminate. You agree that, after cancellation, we can still charge you fees for lost or damaged Products.
26. Upon termination, you must agree to return any Products that you have borrowed and/or pay any outstanding fees accrued. If we are not able to charge these fees or if you do not have a valid payment method connected, you will be legally default. You will receive a reminder to pay the outstanding fees within 14 days. If after this period no payment was received, we may forward the case to a debt collection agency. All additional administration costs will be forwarded to you.
27. The following sections shall survive any termination or expiry of these Terms: Section 10-11 (Borrowing the Product), 13 (Returning the Product), 14-18 (Liability), 21 (Privacy), 22-23 (Intellectual property), 24-27 (Termination), 28 (Governing law and disputes).
Governing law and disputes
28. Our Service and these Terms are only governed by Belgian law.