1. General 

1421 Creations, LLC, is company registered in The United States of America, (Bobaboo, we, us and our). We own and operate the website, bobaboo.com (Website). 

These terms and conditions govern our contractual relationship relating to the services we provide and your use of our Website (Terms). We strongly recommend that you read our Terms carefully prior to placing any orders on our Website. Please contact us at service@mybobaboo.com if you have any queries or concerns relating to the use of our Website. 

By using our Website and/or our services, you confirm that you accept and agree to our Terms and that you agree to comply with them. If you do not agree to our Terms, please do not use our Website or services.  

2. Amendments 

We may update, change or amend these Terms and/or the content contained on our Website from time to time without any further notice to our users. We strongly recommend that you read these Terms to ensure you understand the Terms applicable at that time.

These Terms were most recently updated on 20 August 2022.   

3. Suspension or withdrawal 

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We endeavour to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

4. Eligibility to use  

Our Website is directed to users who are over the age of eighteen (18) years and are residing in or using our Website within The United States of America. By accessing and using our Website, you acknowledge that you are at least eighteen (18) years old. 

We do not represent that content available on or through our Website is appropriate for use or available in other locations. If you access our Website outside of The United States of America, you do at your risk and you are responsible for compliance with laws applicable to you accessing our Website from your location.

5. Account details 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us. 

6. Use of material

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.

7. No reliance 

Our Website is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of our Website. 

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.

8. Links to other websites

Where our Website contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those websites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

9. User-generated content  

Our Website may include information and materials uploaded by other users of our Website, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

Our Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through our Website.

All User Contributions must comply with the content standards set out in Paragraph 10 of these Terms.

Any User Contributions you post to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on our Website, you grant us and each of our officers, employees, agents, licensees, successors, assignees, affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any User Contributions you post to our Website if, in our opinion, your User Contribution does not comply with the content standards in Paragraph 10 of these Terms.

You are solely responsible for securing and backing up your content. 

You represent and warrant that:

  • you own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of our respective licensees, successors and assignees;
  • all of your User Contributions do and will comply with these Terms; 
  • you understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute, and you (and not us) have full responsibility for such content, including its legality, reliability, accuracy and appropriateness; and
  • we are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us on hello@cuppe.com.au.

10. Content standards  

The content standards in this clause apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:

  • contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
  • deceive, or likely to deceive any person;
  • promote any illegal activity, or advocate, promote or assist any unlawful act;
  • cause annoyance, inconvenience or needless anxiety or likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and
  • give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards in this clause.

You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

11. Limitation of liability

In no event will we, our officers, employees, agents, licensees, successors, assignees, affiliates and service providers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use (or inability to use) of our Website, any websites linked to it, any content on our Website or such other websites or any services or items obtained through our Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for personal injury caused by our negligence or the negligence of our employees and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

You agree to defend, indemnify and hold us and each of our officers, directors, employees, contractors, agents, suppliers, licensees, successors, assignees, affiliates and service providers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Website, including, but not limited to your User Contributions, your use of any information obtained from our Website and any use of our Website’s content, services and products other than as expressly authorised in these Terms.

12. Viruses   

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your technology to access our Website. You should use your own virus protection software.

13. Links to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our Website in which you are linking must comply in all respects with the content standards set out in Paragraph 10.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other website, nor may you create a link to any part of our Site other than the home page unless prior approval has been obtained from us. 

We reserve the right to withdraw any links to our Website without notice.

If you wish to link to or make any use of the content on our Website other than that set out above, please contact us at hello@cuppe.com.au. 

14. Governing law  

These Terms, and any purchases made via our Website shall be governed solely by the laws applicable to Victoria, Australia. You agree to the jurisdiction of the courts of Victoria to determine any dispute arising out of these Terms, your use of our Website or your purchases of our products.

15. Trademarks 

Our brand names, slogans, service marks, designs, and logos used and all related names, logos, product and service names, designs and slogans are our trademarks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under Paragraph 6. Other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners and are used by us under licence.

16. Prohibited uses 

You must use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:

  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Paragraph 10 of these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of the Site or expose them to liability.

Additionally, you agree not to:

  • use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website;
  • use any robot, spider or other automatic device, process or means to access our Website for any purpose, including monitoring or copying any of the material on our Website;
  • use any manual process to monitor or copy any of the material on our Website or for any other unauthorised purpose without our prior written consent;
  • use any device, software or routine that interferes with the proper working of our Website;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer or database connected to our Website;
  • attack our Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of our Website.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

17. Online purchases  

Our Website is a platform that allows purchasers to purchase our products (eg. glass tumblers and metal straws) online.

All purchases on our Website must be paid for at the time of purchase by debit/credit card via our payment service providers. You must fill out all relevant particulars listed on the order form on our Website when you make a purchase order. 

Any delivery costs and taxes for goods purchased on our Website are payable by the purchasers (unless as described otherwise) as detailed on our Website.

At this stage, we are unable to offer refunds or exchanges for a change of mind. Once an order is placed, we will not be able to cancel or change your order. However, we will replace or refund any defective or damaged products that are supplied by us. Please refer to our Refunds and Returns Policy for more information. 

You acknowledge that any description or goods or prices for goods listed on our Website may be listed in error and we do not warrant that any information listed on our Website is accurate or error free.   

We, our affiliates or service providers may gather and process any information which you provide when accessing our Website which may include personal information.  Please see our Privacy Policy for further details on how we manage your personal information. 

18. Other terms and conditions  

Additional terms and conditions may also apply to specific portions, services or features of our Website. All such additional terms and conditions are incorporated by this reference into these Terms.

Any other notices, disclaimers, and policies displayed elsewhere on the Website, other social media platform or provided to you must be read in conjunction with these Terms.