Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
We may amend these Terms, remove features or functionality of the Platform or your Membership at any time;
Your Membership is subject to a minimum term, as set out on the dashboard. Without limiting your rights under the Australian Consumer Law, you may only cancel your Membership at the expiry of the minimum term;
Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing basis;
We will handle your personal information in accordance with our privacy policy;
To the maximum extent permitted by law, the Fees and Product Fees are non-refundable;
Our liability under these Terms is limited to us resupplying the Platform to you or, in our sole discretion, to us repaying you the amount of the Fees or Product Fees paid by you to us during the term of your Membership, and we will not be liable for Consequential Loss, any loss that is a result of a Third Party Service, or any loss or corruption of data;
We may terminate your Membership at any time by giving 30 days’ written notice to you; and
We may terminate a Membership immediately by to correct a system issue, e.g. account duplication, or if you are found to be misusing the Platform.
2.1. These terms and conditions (Terms) are entered into between Tapcardss Technologies Pvt Ltd (we, us or our) and you, together the Parties and each a Party.
2.2. We provide a cloud-based, software as a service platform where individuals and businesses can manage and share their identity profiles and receive and manage contact information (Platform) and physical NFC cards (Products).
2.3. In these Terms, you means the person or entity registered with us as an Account holder or where you do not have an Account, the person or entity using the Platform.
2.4. If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms
3.1. You accept these Terms by registering on the Platform and/or using the Platform.
3.2. You must be at least 18 years old to use the Platform.
3.3. We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate your Membership in accordance with the “Cancellation of Memberships” clause.
3.4. If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
3.5. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
4.1. In consideration for your payment of the Fees, we agree to provide you with access to the Platform, the support services as detailed in this section, and any other services we agree to provide as set out in your Account.
4.2. We agree to use our best endeavours to make the Platform available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
4.3. Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via the contact form or via email to support@tapcards We will endeavour to respond to any support requests in a reasonable period.
4.4. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
4.5. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
4.6. Where your account is linked to a business membership, you acknowledge and agree that your employer, the business entity and third parties may access your data, analytics or other details related to your use of the Platform.
4.7. To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
5.1. You will be charged for the Products on the basis of volumes and specifications you have elected on our website (Product Fee).
5.2. Title in the Products will pass from us to you upon full payment of the Product Fee.
5.3. Once you have placed your order for the Products, you may cancel your order within 24 hours without charge.
5.4. We may arrange, or a third party may arrange, delivery of the Products to the delivery location you notify to us, at your cost. We accept no responsibility for delayed delivery times or damage to the Products whilst in transit.
6.1. You must register on the Platform and create an account (Account) to access the Platform’s features.
6.2. You must provide basic information when registering for an Account including your email address.
6.3. All personal information you provide to us will be treated in accordance with our Privacy Policy.
6.4. You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
6.5. You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
6.6. When you create an Account, you must also select a membership (Membership). You may choose between different tiers of Membership with different services and different membership periods as set out on our Platform.
7.1. Your Membership may begin with a free trial. The free trial period of your Membership will last for the period specified in your Account. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. Free trials are only available for new Account holders. If you do not cancel during the free trial period, we will charge your chosen payment method for the Membership you have chosen and its corresponding membership fee (Fees) immediately after your free trial ends (Payment Date).
7.2. Unless your Membership is suspended or terminated in accordance with these Terms, your Membership will roll over on an ongoing monthly or annual basis (based on your subscription), and you will be charged the same Fees on an ongoing monthly or annual basis from the Payment Date. Without limiting your rights under the Australian Consumer Law, you can cancel your Membership at any time in accordance with the “Cancellation of Memberships” clause of these Terms but the cancellation will only have effect from expiry of your monthly or annual subscription period for which you have paid the Fees.
7.3. The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions
8.1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
8.2. We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to devices that are controlled or approved by you.
8.3. You must not, directly or indirectly: (a) enable any person or entity other than authorized users to access and use the Platform or Products; (b) attempt to gain unauthorized access to any Platform or its related systems or networks; (c) use or access our Intellectual Property except in accordance with these Terms; (d) modify, copy or create any derivative work based upon our Platform or Products or any portion, feature or function of our Platform Or Products; (e) reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, the Platform or Products or access or use the Platform or Products in order to (1) copy ideas, features, functions or graphics, (2) develop competing products or services, or (3) perform competitive analyses; (g) remove, obscure or alter any proprietary notice related to the Platform or Products; (h) send or store malicious code; (i) use or permit others to use the Platform or Products in violation of applicable law; or (j) use or permit others to use the Platform or Products other than as described in these Terms.
8.4. You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
8.5. Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
8.6. This clause will survive the termination or expiry of your Membership.
9.1. You own all data, information or content you upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).
9.2. You grant us an unlimited, worldwide, perpetual, royalty-free and assignable licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
(a) communicate with you (including to send you information we believe may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms.
9.3. You agree that you are solely responsible for all of Your Data that you make available on or through the Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.4. You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
9.5. We do not endorse or approve, and are not responsible for, any of Your Data.
9.6. You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
9.7. This clause will survive the termination or expiry of your Membership.
10.1. You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
11.1. To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
11.2. Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform
12.1. Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
13.1. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise
13.2. Intellectual: Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
