Terms of Use – Cuppa.tv

Introduction 

1. Cuppa.tv is a streaming service for live and on-demand services comprising Conversations, Masterclasses, Courses and Experiences (as defined in clause 2) featuring expert presenters and artists (Content).  Cuppa.tv is owned and operated by Cuppa Of Life Pty Ltd (ACN 661 597 342) (us, we or our).  A reference to using Cuppa.tv includes use and enjoyment of your Membership.

2. By using the Cuppa.tv streaming service (the Platform) to access our Content, you agree to comply with: 

   1. these Terms of Use; 

   2. Cuppa.tv Privacy Policy at https://cuppa.tv/pages/privacy-policy-172 ;

   3. Platform service provider (Uscreen) Privacy Policy at https://www.uscreen.tv/privacy-policy/ and 

   4. any other terms, policies or notices published on the Platform. 

(collectively, Terms). 

3. These Terms form a binding contractual agreement between you, the Member to Cuppa.tv, and us.

4. Before using the Platform, you should read the Terms carefully. If you have any questions about the Terms, you can contact us by emailing enquiry@cuppa.tv  or by clicking the 'Contact us' link on the Platform.

5. If you do not agree to the Terms, as amended from time to time, in whole or in part, your Membership will not be accepted or will be terminated. 

Platform 

1. Overview 

   1. The Platform hosts:

      1. presentations by or hosted interviews with guest presenters (Conversations);

      2. masterclasses by guest presenters and experts (Masterclasses); and

      3. event and experiences (Experiences),

   which collectively comprise the Content, which may be streamed either live or on-demand.

2. Membership

   1. You may gain access to the Platform and the Content by the payment of the applicable membership fee (Membership Fee), as set out on our Platform or as may be notified by us from time to time.

   2. Membership Fees may be paid monthly or annually (with any discount or any other terms that we agree from time to time).

   3. Members will have access to the Platform and such Content as we determine from time to time.  The range of Content available to Members may be changed by us, at our sole discretion.

   4. Your Membership will automatically be renewed at the end of the applicable term, and you will be charged the applicable fee, unless you terminate your Membership to Cuppa.tv.

   5. All terms of these Terms apply to Members in addition to any specific terms applicable to as a condition of your Membership.

3. Our role 

   1. We grant access to our Platform for the purpose of providing you with the opportunity to enjoy the Content.

   2. By accessing and using the Platform, you agree and acknowledge that: 

      1. we do not guarantee the existence, availability, or suitability of the Content for any particular use or interest; 

      2. the Content is provided for your personal use and benefit only and you may not re-transmit, store or distribute the Content in any form or in any medium or technology; and 

      3. these Terms do not create any relationship of any kind between you and us, or with any third party, expert, presenter or other person.

4. Accessing the Platform 

   To access the Platform:

   1. you need a device and browser that supports access to the Platform, the costs for which are your sole responsibility; 

   2. have the legal right and ability to enter into a legally binding agreement; and

   3. provide complete and accurate answers to all the criteria for completion in the membership application sections of the Platform

   4. Content may, in some cases, be unsuitable for minors.  By accessing the Content you warrant that you are 18 years of age or over, or that you have the consent of a parent or guradian who is a Member to access the Content.

5. General Information for educational purposes only

   1. The content provided on Cuppa.tv, including but not limited to videos, articles, podcasts, and other materials, is intended for general information and educational purposes only. Cuppa Limited does not provide medical or professional advice, and the information shared should not be construed as such.

   2. Before acting on or using any information obtained from Cuppa.tv, you should consider its appropriateness in light of your own personal circumstances and requirements. We strongly recommend that you seek advice from suitably qualified professionals before making any decisions regarding your wellbeing or mental health.

   3. Cuppa.tv does not assume any responsibility for the accuracy, completeness, or relevance of the information provided on Cuppa.tv. The use of information from Cuppa.tv is at your own risk, and you should not rely on it as a substitute for professional advice.

   4. If you are in need of immediate support or are experiencing a mental health crisis, please contact the appropriate emergency or support services available in your country. Cuppa.tv is not equipped to provide emergency mental health services, and we urge you to seek professional assistance if needed.

6. Member obligations  

   In addition to any other obligations under these Terms, in accessing and using the Platform, you must: 

   1. access and use the Platform for your personal, non-commercial use only;

   2. comply with all rules of common law, principles of equity, international law or any federal, state, local laws, statutes, rules, regulations, proclamations, ordinances or by-laws and other subordinate legislation of any country anywhere in the world (collectively, Law); 

   3. be respectful and courteous towards other Members, towards Presenters on Cuppa.tv and towards all representatives of Cuppa.tv; 

   4. not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another Member; 

   5. not infringe any intellectual property rights or any other contractual or proprietary rights of another person; 

   6. not do any act, engage in any practice or omit to do any act or engage in any practice that: 

      1. is or could reasonably be considered obscene, illegal, offensive, inappropriate, defamatory, indecent, threatening or objectionable in any way; 

      2. would cause us to breach or to be taken to breach a Law; 

      3. would bring us into disrepute; or

      4. interferes with the integrity or supply of the Platform to all Members. 

Intellectual property rights 

1. We own or are the licensee of all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Platform and in or to the material (including all text, graphics, logos and software) made available to you in providing the Content. 

2. Your use and access of the Platform does not grant or transfer any rights, title or interest to you in relation to the Content.

3. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content or any other material in whatever form contained within the Platform.

4. Our presenters and experts, agents and other intermediaries may also have intellectual property rights in the Content and any breach of these Terms by you may also infringe those intellectual property rights and give rise to claims against you by such third parties. 

Third party links 

The Content may contain references to links to websites, materials or resources operated and owned by third parties and not under our control. Those links are provided for convenience only and may not be current or maintained and do not form part of the Content.

Security 

1. We will take reasonable steps to ensure the provision of the Platform is secure. However, we cannot guarantee that your access to the Platform will be secure at all times. 

2. You acknowledge and agree that you are solely responsible for:

   1. the security, confidentiality and integrity of all information or data uploaded, downloaded or otherwise communicated while accessing the Platform; 

   2. keeping all passwords and usernames secure and confidential; and

   3. protecting any device you use to access the Platform from all security breaches and viruses (or any similar damaging components).  

   
   

Privacy and Data Collection

1. In consideration for us providing you the Platform, you agree to us collecting personal information about you.  

2. The personal information we may collect about you includes:

   1. your name, contact details, age, gender or date of birth; 

   2. device information, IP address and standard web log on information; 

   3. information relating to your preferences and opinions; 

   4. your photographs used in setting up your profile; and 

   5. your geolocation.   

3. We collect your personal information:

   1. to provide you and other Members optimal use of the Platform;

   2. to send you promotional and marketing information relating to our products and services and those of our partners (if you have authorised us to do so);

   3. for purposes reasonably necessary to our usual functions and activities, including planning, service development and research purposes; and

   4. for purposes otherwise outlined in our Privacy Policy. 

4. We may also disclose your personal information to: 

   1. our employees and related entities; 

   2. our contractors;

   3. any third parties authorised by you; 

   4. corporate members who employ you and who provide you with a individual Membership; and

   5. government, regulatory authorities and any tribunal or court, if required or authorised by Law, or otherwise with your consent.

5. We may also disclose your personal information to third parties located outside of Australia. 

6. Please review the Cuppa.tv Privacy Policy here https://cuppa.tv/pages/privacy-policy-172 and that of our platform provider here https://www.uscreen.tv/privacy-policy/ for more information on:

   1. how we store and use your personal information;

   2. our overseas disclosures; 

   3. how you may access and correct your personal information;

   4. how you can lodge a complaint regarding the handling of your personal information; and 

   5. how we will handle complaints. 

Disclaimer 

To the fullest extent permitted by all Laws, you acknowledge and agree that: 

1. we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our sole discretion; 

2. we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Content;  

3. we make no warranty or representation that the Content will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and 

4. we may remove any Content without giving any explanation or justification for removing the relevant Content. 

Exclusion and limitation of liability 

1. To the fullest extent permitted by Law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with: 

   1. personal injury or property damage; 

   2. your use or inability to use the Platform; or

   3. the information provided or statements made by us, our presenters and experts or third parties in Content; 

even if we have been advised of the possibility of such loss. 

2. To the fullest extent permitted by Law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms. 

3. Pursuant to s64A of the Australian Consumer Law, this clause applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by ss 51 to 53 of the Australian Consumer Law) is limited at our option to:

   1. the supply of the services again; or  

   2. the payment of the direct cost of having the services supplied again. 

4. Nothing in these Terms is intended to limit or exclude your consumer guarantees under the Australian Consumer Law. 

Indemnity 

1. You must indemnify and keep indemnified us, our directors, employees, contractors and agents, Related Bodies Corporate and Related Entities as defined in the Corporations Act 2001 (Cth) (together, Indemnified Persons) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of the Indemnified Persons from any claim, demand, suit, action or proceeding by any person against any of the Indemnified Persons where such loss or liability arose  directly or indirectly out of or in connection with: 

   1. any breach of these Terms by you; or 

   2. breach of any right of a third party, 

2. except to the extent that the loss or liability is caused or contributed to by the act or omission of any of the Indemnified Persons. 

   
   

Termination 

1. We reserve the right to cease operating the Platform, without notice and for any reason. We may terminate our relationship with you without notice and with immediate effect if you, in any way, breach these Terms.   

2. On termination of these Terms: 

   1. access to the Platform will expire or cease; and 

   2. you will not have any access to Content through the Platform.

3. We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to the Platform.

Changes to the Terms 

1. We may, from time to time, amend the Terms in whole or part, in our sole discretion and without notice to you except as provided in this clause. Any changes to the Terms will be effective immediately upon the posting of the revised Terms on the Platform, and you will be deemed to have agreed to such changes by continuing to use the Platform to access Content. 

2. Depending on the nature of the change, we may announce the change on the Platform or by email. However, in any event, by continuing to use the Platform to access Content following any changes, you will be deemed to have agreed to such changes. 

Severability 

If any part of these Terms is void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions. 

Jurisdiction 

1. This Agreement is governed by the law in force in New South Wales, Australia. 

2. The parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia. 
   

Contact us

All questions or queries about these terms and condition should be directed to: 

Privacy Officer

enquiry@cuppa.tv 

Dated: 5th March, 2024