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Terms of Service
Effective Date: May 11, 2026
AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CUP OF SUN LIMITED (“Company,” “we,” “us,” or “our”), concerning your access to and use of the www.thecupofsun.com website (the “Site”) and your purchase of the outdoor adventure products we sell (the “Products”). Our Site showcases our ultra-compact outdoor gear, including leak-proof foldable cups and mini multi-tools, all designed to be lightweight, durable, and perfect for every hike, camp and adventure.
By accessing the Site and purchasing our Products, you represent that you have read, understood, and agree to be bound by all of these Terms of Service, including our Privacy Policy, Refund and Returns Policy, and Shipping Policy, which are incorporated herein by reference. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” at the top. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site after the posting of revised Terms constitutes your acceptance of such changes.
1. INTELLECTUAL PROPERTY RIGHTS
The Site is our proprietary property. Unless otherwise indicated, all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and the trademarks, service marks, and trade dress (collectively, the “Content”) are owned or controlled by us or licensed to us. The Content and the Products are protected by copyright, trademark, and other intellectual property laws.
The trademarks “CUP OF SUN”, our logo, and all related product names, designs, and slogans (e.g., descriptions like “collapsible to pocket size yet tough enough for trails, campsites and travel” and “eco-compact, outdoor adventure-ready”) are our trademarks. You are granted a limited, non-exclusive, non-sublicensable license to access and use the Site and its Content for personal, non-commercial use only. No part of the Site or Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
2. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- You have the legal capacity to agree to these Terms.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
- All information you submit, including for registration or purchase, is truthful, accurate, and current.
3. PRODUCTS, PRICING, AND ORDERS
A. Product Descriptions: We strive to display the colors, features, specifications, and details of our space-saving outdoor essentials as accurately as possible. However, we do not guarantee that your screen’s display of any color or detail will be accurate. All Products are subject to availability. We reserve the right to discontinue any Product at any time. Product descriptions, including claims of being “tough, harsh-condition proof” and “leak-proof,” are based on our design and testing standards.
B. Pricing and Payment: All prices are in New Zealand Dollars (NZD) unless otherwise stated. We reserve the right to correct any pricing errors, even after an order has been placed. We accept various payment methods as shown at checkout. You agree to provide current, complete, and accurate purchase and account information for all transactions.
C. Order Acceptance: Your order constitutes an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available, inaccuracies in product or pricing information, or suspected fraud. If we cancel an order after your payment is processed, we will issue a refund.
4. RETURN, REFUND, AND SHIPPING POLICY
Your purchase of our Products is governed by our separate Refund and Returns Policy and Shipping Policy. By placing an order, you agree to be bound by those policies. Please review them thoroughly, as they contain critical information regarding our strict “No Refund-Only” rule (requiring physical return for any monetary reimbursement), eligibility windows, condition requirements, shipping costs, delivery estimates, and your responsibilities for customs and import duties.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include, but are not limited to:
- Systematically retrieving data to create a collection or database.
- Using the Site for any obscene or immoral purpose.
- Circumventing, disabling, or interfering with security-related features.
- Engaging in unauthorized framing or linking to the Site.
- Using any information to harass, abuse, or harm another person.
- Making improper use of our support services or submitting false reports.
- Using the Site in a manner inconsistent with any applicable laws.
6. USER GENERATED CONTRIBUTIONS
The Site may allow you to post product reviews, testimonials, or other submissions (collectively, “Contributions”). By posting a Contribution, you represent that:
- The Contribution is not false, inaccurate, or misleading.
- It is not unsolicited or unauthorized advertising.
- It does not violate any third party’s rights.
- It is not objectionable or harmful.
- You are the creator and owner of the Contribution.
Any Contribution you post will be non-confidential. You grant us an unrestricted, perpetual, royalty-free license to use, modify, publicly perform, and display your Contributions for any purpose.
7. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms.
- Refuse, restrict access to, or disable any of your Contributions.
- Otherwise manage the Site in a manner designed to protect our rights and facilitate its proper functioning.
8. PRIVACY POLICY
We care about data privacy. Please review our Privacy Policy, which describes how we collect, use, and protect your personal information when you use our Site. By using the Site, you agree to be bound by our Privacy Policy.
9. TERM AND TERMINATION
These Terms remain in full force while you use our Site. We may suspend or terminate your access for any breach of these Terms, including any conduct that we, in our sole discretion, consider unlawful or harmful.
10. MODIFICATIONS AND INTERRUPTIONS
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance. We reserve the right to change, revise, update, suspend, or discontinue any aspect of the Site at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
11. GOVERNING LAW
These Terms and your use of the Site are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Wellington, New Zealand, for the resolution of any disputes.
12. DISCLAIMER AND LIMITATION OF LIABILITY
THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While our products are designed for durability and outdoor use (“Tough tools, harsh-condition proof”), you agree to use them at your own risk and in accordance with their intended purpose. We are not liable for any injuries, damages, or losses resulting from the misuse or failure of our Products.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS.
13. INDEMNIFICATION
You agree to indemnify and hold harmless CUP OF SUN LIMITED, its affiliates, and all officers and employees from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your use of the Site, your breach of these Terms, or your violation of any law or third-party rights.
14. CONTACT INFORMATION
For any questions, complaints, or legal notices regarding these Terms of Service, please contact us at:
CUP OF SUN LIMITED
Address: 150 Makara Road, Wellington, 6972, New Zealand
Email: azurebreeze@thecupofsun.com
Phone: +64 (4) 476 3036
Website: www.thecupofsun.com
Thank you for choosing CUP OF SUN LIMITED. We appreciate your trust in our mission to provide accessible quality, explorer-focused gear and wish you many successful adventures with our innovative, practical outdoor boosts.