Last Revised: July 24, 2017
Cupper and its affiliates (“Cupper”,“Company”, “we” or “us”) welcome you to our site/marketplace to purchase freshly roasted coffee by artisan thridwave coffee roasters as third party vendors or, for immersive coffee experiences available at www.cupperapp.com (hereinafter, the “Site”), which offers an online community/mobile commerce service for hosts and attendees to have coffee events together around the country. Cupper’s Site is designed to enable Users to offer their coffee skills, hospitality services and facilities as hosts (“Host(s)”) and allowing other Users to participate in coffee/food/sensory events of such Hosts as guests (“Guest(s)”). Each of the Site's users, whether hosts or guests (“User” or “you”), is invited to use and enjoy our Site in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
2. What is Cupper?
Cupper is a craft coffee café curating mobile application/online marketplace. Users may or/can access the mobile application to locate an exceptional list of curated craft coffee locations OR attend user hosted “experiences” and purchase bags of roasted coffee from a curated list of chosen coffee roasting companies featured on the mobile application/online marketplace. “Market” (marketplace) is for discovery and purchasing roasted coffee from featured local independent coffee roasting companies (who roast coffee personally for customers (users) specifically per order and every order placed). “Experiences” a communal user hosted experience, which offers a mobile and online platform for hosts and guests to have coffee/food/sensory events together around the country. Cupper’s Site is designed to enable Users to offer their coffee/gastronomy knowledge, hosting skills, café/food venues and or home facilities as venues for hosts and allowing other Users to participate in coffee/food/network events of such Hosts as guests/attendees.
We, at Cupper, take great measures to provide you with the best experience you can have while using Cupper’s Mobile app/Site; However, Cupper has no control over the conduct of any Hosts, Guests or any other User and disclaims all liability in this regard. Hosts and Guests are recommended to carefully and thoroughly examine and check with their respective Guests and Hosts all necessary details related to their EXPERIENCE/Event and Reservation (as defined below) prior to any engagement been made. Participating in Experiences such as brewing demos, coffee/food pairings, café/coffee crawls, roasting demonstrations, personal baristas services or other User's activities as a result, directly or indirectly, from using Cupper Site and Services (“Experiences”), as “user/customer/host/vendor/collaborator” is entirely at your own risk.
Cupper is not a party to any agreement entered into between Hosts and attendees in any circumstances nor does it operate as a place of business for vending coffee of any sort. User has the sole and ultimate responsibility regarding compliance with all laws, regulation (including without limitation the applicable tax regulations and food regulations), religious duties (if and as promised by Host) or any other duty relating to the “Experience” Coffee/Food Event. We do not accept any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with your participation in any “experience” Coffee/Food Event conducted by a User or a third party. Certain “experiences” Coffee/Food Events may be subject to separate terms and conditions incurred by their respective Hosts, organizers etc. and we recommend that you review such terms and conditions, as they may be. It is the responsibility of the Host to assure that an “experience” Coffee/Food Event is conducted in compliance with all applicable laws, rules and regulations, including with respect to any tax obligations relating to the Food Events.
cupper does not guarantee admittance/ or automatic acceptance to an “experience” host or “coffee roasting company” applicant and reserves the right to deny or not approve any application submitted to cupper without reason or justifiable explanation for denial.
AS AN “EXPERIENCE” HOST OR VENDOR OR ATTENDEE CUPPER DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS, DAMAGE, COST OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT PURCHASED OR ATTENDED OR CONDUCTED THROUGH CUPPER BY ANY AFFILIATION.
Compilations, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the "look and feel" of the Site, interface, GUI,
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO CUPPER. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE, THE SERVICES THE CONTENT AVAILABLE THEREIN AND THE USER GENERATED CONTENT (AS SUCH TERM IS DEFINED BELOW) ARE PROVIDED ON AN "AS IS" BASIS. CUPPER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, YOUR ORGANIZATION OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES AND/OR THE CONTENT AND/OR THE USER GENERATED CONTENT AVAILABLE THEREIN.
WE, AT CUPPER, TAKE GREAT MEASURES TO PROVIDE YOU WITH THE BEST EXPERIENCE YOU CAN HAVE WHILE USING CUPPER’S MOBILE APP AND SERVICES. HOWEVER, CUPPER HAS NO CONTROL OVER THE CONDUCT OF ANY HOSTS, GUESTS OR ANY OTHER USER AND DISCLAIMS ALL LIABILITY IN THIS REGARD. HOSTS AND GUESTS ARE RECOMMENDED TO CAREFULLY AND THOROUGHLY EXAMINE AND CHECK WITH THEIR RESPECTIVE GUESTS AND HOSTS ALL NECESSARY DETAILS RELATED TO THEIR “EXPERIENCE” EVENT AND RESERVATION (AS DEFINED BELOW) PRIOR TO ANY ENGAGEMENT BEEN MADE.
YOUR USE OF THE SITE, THE SERVICES, THE USER GENERATED CONTENT AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
3. Account Registration
In to create an “experience” you must first apply and register to create an account (“Account”). The registration is free of charge. Registration can be done by completing the registration form (“Registration Form”) available on our Site (https://cupper.marketplaceadmin.com) . You will receive confirmation via e-mail when your Account is approved and established. You may not have more than one (1) active Cupper Account.
Your Account is password protected. In order to protect the security of your Personal Information available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. If we in good faith believe you have created an Account impersonating another person you may be exposed to civil and/or criminal liability.
You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Cupper. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately via the settings in the Site. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your password or Account or any other breach of security.
Note as a Host, you will be able to edit or remove, at any time, any information contained in your personal Account. You may do so by using the "Edit Profile" button. Please note that information included in your Account which is marked as "public" will be available to other Users.
CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
4. Use Restrictions
There are certain conducts which are strictly prohibited on Cupper Site. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to Cupper and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf; (a) use Cupper Site for any illegal, unlawful or unauthorized purposes; (b) use Cupper Site in any form of spam, unsolicited mail or similar conduct; (c) allow access to your Account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Site and/or Service on your behalf, including by minors; (d) use Cupper Site for non-personal or commercial purposes (other than as a Host) without Company’s express prior written consent; (e) remove or disassociate, from the Content and/or the Site any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); (f) interfere with or violate other Users' rights to privacy and other rights, or harvest or collect data and information about other Users without their express consent, whether manually or automatically with the use of any robot, spider, crawler, any search or retrieval application, or use other automatic device, process or method to access Cupper Site and retrieve, index and/or data-mine any information; (g) interfere with or disrupt the operation of Cupper’s site or the servers or networks that host Cupper Site, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (h) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our platform infrastructure; (j) as a Host, provide falsely or inaccurate information with respect to the service you offer through Cupper’s Site and Services for Guests, including, but not limited to any representation you make with respect to your “Experiences” Events or coffee products sold, including the hosting place and the materials you offer via Cupper’s Services; (k) bypass any measures we may use to prevent or restrict access to Cupper’s Site; (l) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Cupper proprietary rights, including Cupper’s Intellectual Property (as such term is defined below), in any way or by any means, unless expressly permitted in the Terms; (m) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Cupper on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; (n) transmit, distribute, display or otherwise make available through or in connection with Cupper’s Site any content, including user generated content which may infringe third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (o) create a browser, frame, border environment or GUI around Cupper’s Site; (p) link, including in-line linking, to elements on Cupper’s Site, such as images and videos, independently from the web pages of Cupper's Site on which they originally appear;; (q) frame or mirror any part of the Site without Cupper’s prior express written authorization; (r) create a database by systematically downloading and storing all or any of the Content from the Site; (s) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (t) infringe and/or violate any of the Terms.
5. Reservation and Billing Arrangements
As a registered User, each Guest is welcome to make an online reservation with any Host offering his services via Cupper’s Site or Mobile App (“Reservation”). A Guest may pay for the Reservation by using our Online Payment Processors (Shopify)(as defined below). As part of the Reservation process the Guest will be asked to fill in some details with respect to his/her Reservation. The Contact Form you have filled in will be delivered automatically to your respective Host. Please note that we do not keep such information, and it is your responsibility, and not ours, to inform your Host, in each Reservation you make through the Site.
Once your Reservation is confirmed by the Host, the Company will notify you by email that your Reservation is confirmed (“Reservation Confirmation”) and then will charge you for the full service amount which is transferred to the Host. The price which is indicated in the Site reflects the Reservation Amount. The Reservation Amount charged from the Guest will be kept faithfully by Cupper and in compliance with any applicable law, and the Reservation Fee will be transferred to the respective Host and provided that no cancellation notification was made that day (NO REFUNDS or cancelations permitted UNLESS initiated on behalf of the host or Cupper).
6. Fees and Payments
Hosts are required to post prices including all applicable taxes for Reservation of “experiences” Events they offer on Cupper, as such Reservation may be subject to taxation, as required or ordered by the applicable tax law in the city/county/state in which respective Hosts reside. Hosts are solely responsible to determine the applicable taxes and are hereby required to comply with the applicable tax law and pay any taxes including VAT, surcharges, sales taxes, goods and services taxes, and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes imposed and levied in connection with Reservations made of their respective Food Events via Cupper’s Site or mobile app and Services or the payment thereof and they represent and warrant that they will pay such taxes in time and in compliance with the applicable tax law.
Note that failing to pay such taxes, as ordered by applicable tax law, or failing to comply with any provisions specified in the applicable tax law may prevent such Hosts from continuing publishing their products or Events on Cupper's Site.
You, as a Guest, represent and warrant that you will pay all fees and taxes incurred with your Reservation in a timely manner and in compliance with Cupper’s fee schedule. Failing to settle your payments including any taxes incurred with your Reservation, will prevent you from executing your Reservation with Cupper’s Site or mobile app and from further using Cupper’s Site and Services.
Notwithstanding the above, Company shall reserve the right, but have no obligation, to withhold any applicable taxes and obtain any other remedies available by law. The Company may, at any time and at its sole discretion, amend the fee schedule, payment terms and cancellation policy specified on the Site. Any such changes will take effect immediately after being posted on Cupper's Site. Cupper may deduct foreign currency processing costs from any payment.
Cupper may provide a feature through which Users may view the Reservation Amounts in foreign currencies. This information is believed to be accurate, but we do not warrant or guarantee such accuracy. You hereby agree and acknowledge that these views of fees are for your convenience and informational purposes only. You acknowledge that the applicable exchange rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs.
7. Cancellation of Reservation
At this time we do not allow refunds or cancellations for any product or service offered or purchased on Cupper’s Site or mobile app. All Reservations are subject to Cupper’s cancellation policy, the exception to the rule is if a cancellation is initiated on behalf of the host or cancellation of an “experience” initiated by Cupper.
Your Reservation shall be deemed canceled only upon receipt of Cupper’s confirmation of your cancellation. The Company reserves the right to cancel a Reservation at any time upon returning full refund of Reservation Amount to the Guest.
In case a Host cancels a Guest’s Reservation without Cupper’s discretion or approval, the host automatically waives its right to contest and acknowledges his/her/company’s full responsibility for total Reservation Amount such Guest has paid to Cupper. Cupper shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of Host’s or Guest’s cancellation of a Reservation of Cupper’s “Experiences”.
8. Income and taxes
It's the vendors/hosts complete responsibility and discretion to determine what, from your total amount earned, to report as taxable income on your tax returns. We encourage you to consult a tax advisor if you need assistance deducting non taxable income. It is not Cupper's responsibility or professional duty or obligation to provide any financial reports to any third party/host/vendors selling services or products on any of Cupper’s sites or mobile app. Any person determined as“freelance”or an independent contractor earning more than $600 USD will be provided a 1099 at the end of the annual tax year.
All vendors and hosts are able to access their total payout in Paypal, through monthly statements and transaction history. Please reference Paypal to report your income to the IRS.
Hosts who exceed the IRS thresholds of $20,000 USD in gross payment volume for the sale of goods or services AND receive over 200 separate payments for goods or services in the same calendar year will receive Form 1099-K, which can be accessed from your PayPal account.
9. Open Venues for freelance
Permitted use of neutral venues are at all times always open to negotiation between “experience” host and venue owner. We reserve the right for any venue host to deny or not permit any desired “experience” to be hosted in their venue for any undisclosed reason. Cupper claims no responsibility and officially removes ALL involvement and liability brokering or facilitating any “experiences” in behalf of any third party not belonging to the official entity of Cupper.
Minimum requirements to host an experience in an affiliate venue (if owned by a coffee company) following the approval of Cupper, it is obligated that the( host) must purchase/use coffee supplied or dispensed by and/or from the (venue/coffee company). Hosts are ALWAYS responsible to furnish and supply their own brewing equipment/accessories/tools/utensils/materials for their own designed “experience”. Venue minimum/sole requirement is to provide hosts with water for brewing “experience” event/demonstrations.