These Terms by Tap It Holdings Ltd., (“TAP,” "we" or "us") govern your use of (1) TAP products or other TAP hardware devices (collectively "Device"), (2) any firmware, software and updates that we install or provide for implementation at your event (collectively “TAP”), (3) the TAP mobile app and other software applications that you can use to connect to your Device (collectively “TAP”); and (4) any web or mobile sites that we provide for use with your Device and TAP, to connect, upload and view activity data (collectively “TAP”).
YOU AGREE TO BE BOUND BY THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH TAP IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF WE NOTIFY YOU OF THESE TERMS, AND YOU DOWNLOAD, USE OR ACCESS TAP, OR YOU CONNECT A DEVICE TO TAP OR YOU USE ANY OF TAP’S PRODUCTS OR SERVICES. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, A CHOICE OF LAW, A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS. YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD, USE OR ACCESS ANY TAP DEVICE, SOFTWARE OR ANY RELATED PRODUCT OR SERVICE.
The TAP Service. TAP provides a product and service (collectively the “TAP Service") on an "as is" and "as available" basis to lawful clients of TAP (hereinafter "you"). You may not use the TAP Service unless you have lawfully been given permission to use the TAP Service. TAP reserves the right to improve and change the TAP Service and any element thereof at any time, at TAP’s sole discretion. TAP also reserves the right to suspend or discontinue the TAP Service provided that TAP shall remain obligated to honour any warranty claims you may have against TAP under applicable law or manufacturer warranty statements, if any, if and to the extent the suspension or termination of the TAP Service causes a breach of warranty.
System Requirements. Use of the full TAP Service may sometimes require a personal computer or mobile device such as a tablet, smart phone or other hardware device capable of Internet connectivity or WiFi access that you have to acquire separately from third parties (hereafter collectively "Computer"). Your ability to use the TAP Service may be affected by the performance of your Computer. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. For most effective use of the TAP Service, high-speed Internet access is strongly recommended.
Software. The software products made available through the TAP Service are licensed, not sold, to you. TAP may cause the TAP App and updates to the TAP App to be downloaded onto your Computer through the TAP Service, and may also cause the most recent version of TAP not already installed onto your Device to be downloaded onto the Device anytime you are connected to the TAP Service. By connecting to the TAP Service, you are requesting such automatic updating.
License Terms. Your use of the TAP is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal, non-sublicenseable and non-assignable. You may not decompile, disassemble, reverse-engineer or otherwise display any TAP Service, except to the extent such a restriction is prohibited under applicable mandatory law or third party licensee terms after you have provided TAP with 45 days prior written notice of your intent to exercise rights in conflict with these Terms to give TAP an opportunity to find alternative solutions for you. You may not copy, modify, translate, rent, lease, distribute, lend or sell the TAP Service. You may not remove any proprietary notices or labels.
Accounts. You have to establish an account and/or subsidiary accounts (hereafter collectively "Account") in order to use certain aspects of TAP. You are responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify TAP of any unauthorised use of your Account or any other breach of security. TAP is not responsible for any losses arising out of the unauthorised use of your Account. TAP reserves the right to terminate, disable or not provide all normal features for a particular Account if TAP suspects or becomes aware of any unauthorised or unpermitted use of such Account or any part of the TAP Service.
Information and Privacy. When you use your Device and the TAP Service, you provide information about yourself and your company in registration process and you cause information relating to clients to be transmitted to your Computer and to TAP, to be processed and stored by TAP and its affiliated and unaffiliated service providers on servers in the United States and other jurisdictions. TAP provides you with notice regarding TAP’s data processing practices in compliance with applicable law and as amended from time to time as the TAP Service or applicable laws evolve and change. If you do not wish to have your data processed by TAP in accordance with TAP’s policies and notices, then you must not use the TAP Service.
Security. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the TAP Service or is used to monitor or enforce these Terms. TAP may implement digital rights management ("DRM") or other similar security systems that contain measures designed to prevent unauthorised copying of software used with, accessed through or obtained via the TAP Service. You shall not access or attempt to access an Account that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.
Third Party Materials and Web Sites. Certain content and services available through the TAP Service may include materials from third parties. In addition, TAP may provide links to certain third party web sites or services. TAP is not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. TAP does not warrant or endorse any third party web sites, services or content. TAP does not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that TAP has no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless TAP and its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.
Ownership. The TAP Service contains proprietary information and material that is owned by TAP and/or its licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. TAP and its licensors reserve title, ownership and all rights and interests in the TAP Service, except as expressly licensed in these Terms. You may not use the TAP Service or any information and materials contained therein in any way whatsoever except for use of the TAP Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the TAP Service or the Software or Device, in any manner, nor shall you exploit the TAP Service or the Software or Device in any unauthorised way whatsoever, including, but not limited to trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE TAP SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
Removal of Content or Features. Notwithstanding any other provision of these Terms, TAP and its licensors reserve the right to change, suspend, remove or disable access to any content, features or other materials comprising a part of the TAP Service at any time without notice. In no event will TAP be liable for the removal of or disabling of access to any such content, features or materials. TAP may also impose limits on the use of or access to certain features or portions of the TAP Service, without notice or liability.
Trademarks. All TAP logos and trademarks used in connection with the TAP Service are trademarks or registered trademarks of TAP in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the TAP Service may be the trademarks of their respective owners. TAP does not grant you any right or license with respect to any trademarks.
Compliance with Laws. TAP is operated by TAP from its offices in the United Kingdom, The United States and other locations. You agree to comply with all local, and national laws, statutes, ordinances and regulations that apply to your use of the TAP Service.
Enforcement. TAP reserves the right to take steps that TAP believes are reasonably necessary or appropriate to enforce and verify your compliance with these Terms.
Termination. These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the TAP Service and closing your Account, provided that the Terms shall continue to govern any past use the TAP Service and Account. TAP may update, suspend or terminate your use of the TAP Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the TAP Service. If you fail to comply with any of the provisions of these Terms, including, but not limited to, failing to provide TAP with accurate and complete Registration Data, failing to keep your Registration Data private, or infringing or otherwise violating the rights of any third party, TAP, at its sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the TAP Service or any part of it.
No Express Warranty in these Terms. In these Terms, TAP does not extend any express warranties, representations or conditions. Your Device may have been accompanied by a TAP warranty statement and it may be also covered by TAP’s one-year limited consumer warranty statement that is posted at www.wearetap.com, or www.tapitevents.com or available on request. If this is the case, you understand and agree that (a) the disclaimers in Sections 13.2 through 13.4 shall not limit or reduce your rights under any separately such separate warranty statements, (b) any warranty statements shall only cover basic functionality of your Device and do not cover the TAP Service as such, and (c) THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR DEVICE (I.E., WARRANTIES THAT TAP DOES NOT EXPRESSLY GRANT IN ANY WARRANTY STATEMENT) SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE APPLICABLE WARRANTY STATEMENT, IF AND TO THE MAXIMUM EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TAP SERVICE, SOFTWARE, AND DEVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAP PROVIDES THE TAP SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND TAP HEREBY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE TAP SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAP AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE, SOFTWARE OR TAP SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE TAP SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TAP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TAP SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SELLER WILL CREATE A WARRANTY OBLIGATION ON TAP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT TAP'S CONTINUED PROVISION OF THE TAP SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND TAP'S CONTROL.
Disclaimer of Losses And Intrusions. TAP DOES NOT REPRESENT OR GUARANTEE THAT THE TAP SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND TAP DISCLAIMS ANY LIABILITY RELATING THERETO.
Information. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE TAP SERVICE IS AT YOUR SOLE RISK. TAP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE TAP SERVICE, SOFTWARE OR DEVICE, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY OR POSSESSIONS, WHETHER OR NOT TAP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL TAP OR ITS LICENSORS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY OF THE REMEDY PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Copyright and other Infringements. You shall not upload any infringing, illegal or inappropriate content or data into the TAP Service. If you believe that TAP or other users of the TAP Service or a Device infringe any of your rights, you shall follow TAP’s notice and take-down process (published on TAP’s website or available on request) and the dispute resolution provisions in these Terms.
Licensee Outside the U.K. If you are located outside the U.K., then you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
Miscellaneous. These Terms constitute the entire agreement between you and TAP relating to the TAP Service and govern your use of the TAP Service and Device and completely replace any prior or contemporaneous agreements between you and TAP regarding your use of the TAP Service and Device. The failure of TAP to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to TAP. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable. The Terms and any dispute arising out of or in connection with these Terms, the TAP Service or Device shall be governed by the laws of England, United Kingdom.
Effective as of: 16 December 2016