Website and App Terms of Service
TapTap Australia Pty Ltd ACN 640 050 675 (TapTap) has developed and owns and operates this website and any TapTap mobile application (App). Access to and use of this Website and any App is and the products and services available through this Website and App (collectively, Services) is subject to the following terms, conditions and notices (Terms of Service). By downloading the App and using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should read the Terms of Service before using the App. You should also check this page regularly to take notice of any changes we may have made to the Terms of Service.
(a) In these Terms of Service the following words/phrases shall have the following meanings:
- (i) COVID Laws means the laws, regulations and any other binding directives of the Commonwealth, states or territories of Australia dealing with the COVID-19 pandemic;
- (ii) COVID-19 Emergency means the public health emergency declared under the COVID Laws;
- (iii) COVID-19 Response Measures means any measures (however called) with respect to the COVID-19 Emergency including for example:
- (A) for a Venue to record details of customers and others visiting a Venue;
- (B) to minimise the serious risks to health and safety of person caused by the COVID-19 Emergency; or
- (C) to assist in responding to the COVID-19 Emergency;
- (iv) Venue includes a hospitality venue such as a club, pub, restaurant, coffee shop, or other venue such as an office, factory and other place of work;
- (v) Trademarks means the word TapTap or TAPTAP or any configuration thereof or logo, with a squirrel or otherwise, whether registered or unregistered .
2. Introduction and our role
- (a) TapTap Australia Pty Ltd ACN 640 050 675 is a company registered in Queensland Australia and has its postal address at PO Box 936, Capalaba, Queensland 4157, Australia.
- (b) We provide:
- (i) a way for Venue customers and others to check in and check out of a Venue;
- (ii) a contactless way to assist a Venue and customers compile a register, for COVID-19 Response Measures, of your customers particulars;
- (iii) a way for a Venue to promote its specials;
- (iv) a contactless way for Venue customers to view a Venue’s specials and menu; and
- (v) a way for a Venue to manage numbers and flow of customer in its Venue.
3. Amendments to Terms of Service
(a) TapTap reserves the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website and App following such notification will represent an agreement by you to be bound by the Terms of Service as amended.
(a) Access to this Website and App is permitted on the basis that we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- (a) It is your responsibility to keep your phone or other device and access to the App secure. You should not modify your phone or other device such as removing software restrictions and limitations imposed by the official operating system of your phone or other device. That could compromise your phone or other device security features and it could mean that the App won’t work properly or at all.
- (b) You acknowledge that certain functions of the App will require the App to have an active internet connection such as by Wi-Fi, or provided by your mobile network provider. You acknowledge that TapTap takes no responsibility for the App not working partly or at all if you do not have access to an active internet connection or your do not have any data allowance left.
- (c) You acknowledge that if you are using the App outside of an area with Wi-Fi, the terms of your agreement with your mobile network provider will apply and you may be charged by your mobile provider for the cost of data for the duration of the connection while using the App and/or other third party charges.
- (d) You acknowledge that we may update the App from time to time and that you will need to download the updates if you want to keep using the App.
(e) You acknowledge that TapTap may wish to stop providing the App and may terminate use of it at any time without giving notice of termination to you. Unless TapTap tells you otherwise upon termination, the rights and licences granted to you in these Terms of Service will end and you must stop using the App and if needed delete it from your phone or other device.
6. Linked sites
(a) This Website may contain links to other websites (Linked Sites), which are not operated by TapTaop. TapTap has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of service contained within each such site. Examples of Linked Sites include Google Play Services and Firebase Crashlytics.
- (a) You must not misuse this Website or the App. As fundamental terms you will not:
- (i) commit or encourage a criminal offence;
- (ii) attempt to extract the source code or translate the App into other languages or make derivative versions;
- (iii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- (iv) hack into any aspect of the Services, corrupt data, cause annoyance to other users;
- (v) copy or modify this Website or the App or any part or copy or use our Trademarks in any way or infringe upon the rights of any other person’s proprietary rights;
- (vi) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- (vii) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website or the App.
Breaching this provision is a breach of the Terms of Service and could constitute a criminal offence and TapTap will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- (b) A Venue must not use any personal information other than for the purposes of COVID-19 Response Measures.
9. Intellectual property, software and content
(a) The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website and App and Trademarks remain the property of TapTap or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by TapTap and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
10. Release and disclaimer of liability
- (a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
- (b) To the fullest extent permitted by law TapTap hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or App or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
- (c) A Venue is responsible for compiling a register and/or otherwise complying with COVID-19 Response Measures and releases TapTap from all liability arising out of a customer not providing all information or providing incorrect information required to comply with the requirements of COVID-19 Response Measures.
- (d) The releases/exclusions referred to in the preceding paragraphs (a) and (b) do not affect TapTap’s liability arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- (e) TapTap will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your phone or other device, computer equipment, computer programs, data or other proprietary material due to your use of this Website or App or to your downloading of any material posted on it, or on any Linked Sites.
11. Linking to this website
(a) 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, but 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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
12. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
(a) Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Taptap and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to TapTap.
(a) You agree to indemnify, defend and hold harmless TapTap, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or App or your breach of the Terms of Service.
(a) TapTap has the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
(a) If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
(a) We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at firstname.lastname@example.org.