Terms of Service
Updated 19 February 2021
By signing up for a Tappishop Account or by using any Tappishop Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “Tappishop” means the applicable Tappishop Contracting Party.
The services offered by Tappishop under the Terms of Service include various products and services to help you sell goods and services to buyers. Any such services offered by Tappishop are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. Tappishop reserves the right to update and change the Terms of Service by posting updates and changes to the Tappishop website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the Services.
BY USING TAPPISHOP SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING PRIVACY POLICY.
IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR THE MINOR'S ACTION, ANY CHARGES ASSOCIATED WITH THE MINOR'S USE OF THE SERVICE OR PURCHASE MADE ON THE SERVICE. IF YOU DO NOT HAVE CONSENT FROM YOUR PARENT OR LEGAL GUARDIAN, YOU MUST STOP USING/ ACCESSING THE SERVICE.
- ACCOUNT TERMS
- To get full access and use the Services, you must register for a Tappishop account (“Account”) by providing all information indicated as required. Tappishop may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be over: (i) 18 years of age, or (ii) the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”) to open an account.
- You confirm that you are receiving any Services provided by Tappishop for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Tappishop will use the email address and mobile number you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
- Be fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Tappishop will not be liable for any loss or damage arising from unauthorised use of your password or your failure to maintain the security of your Account and Password.
- Be responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Tappishop may result in an immediate termination of your Services and Account.
- Your shop will be associated with the registered account and the person who sign up for the Account will be the contracting party (“Shop Owner”) who is bound by our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Shop Owner in connection with the Service.
- Tappishop is not a marketplace. Any contract of sale through your Tappishop account is directly between you and the buyer.
- TERMS OF USEYou must read, agree with and accept all of the terms and conditions contained in these Terms of Service. The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Tappishop may effect such termination with or without notice to you.
- You agree not to:
- Use the Tappishop Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Tappishop.
- Use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive.
- Open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service.
- Access the Tappishop platform, open a user account, or otherwise access your user account using an emulator, simulator, bot or other similar hardware or software.
- Manipulate the price of any item or interfere with other User's listings.
- Take any action that may undermine the feedback or ratings systems.
- Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services.
- Use the Services to violate the privacy of others or to "stalk" or otherwise harass another.
- Upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation.
- Upload, email, post, transmit or otherwise make available any material that contains software viruses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications system.
- Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
- Questions about the Terms of Service should be sent to support@tappishop.com
- You understand and agree that your use of the Services, including information transmitted to or stored by Tappishop, is governed by its Privacy Policy.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Tappishop shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Tappishop’s prior written consent, to be given or withheld in Tappishop’s sole discretion.
- You acknowledge and agree that Tappishop may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Tappishop or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tappishop, its Users and/or the public.
- TAPPISHOP RIGHTS
- We reserve the right to modify, cancel or refuse the service without notice at anytime. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tappishop customer, Tappishop employee, member, or officer will result in immediate Account termination.
- Tappishop does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Tappishop employees and contractors may also be Tappishop customers/merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, your status as an employee of an entity, etc.
- Tappishop retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Tappishop reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- CONFIDENTIALITYBoth you and Tappishop agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service.
- Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Tappishop's Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 4. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
- Confidential Information shall not include any information that the receiving party can prove: (i) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (ii) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (iii) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
- TAPPISHOP'S LIABILITY
- Tappishop shall not be liable for any direct or indirect damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- Tappishop does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Tappishop does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Tappishop does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
- All sale of goods is directly between Buyer and Seller and Tappishop is not a party to that or any other contract between Buyer and Seller and accept no obligations in connection with such contract and shall not be responsible for the sale contract between Seller and the buyer, which includes the listing of goods, warranty of purchase and the satisfactory on the products.
- LIABILITY OF CONTENT
- You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You acknowledge and agree that your only right with respect to any problems or dissatisfaction with the services is to request for termination of your account and/or discontinue any use of the Services.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- SELLER'S RESPONSIBILITIES
- Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate or misleading information.
- The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.
- Seller shall issue receipts, credit card slips or tax invoices to Buyer on request.
- Seller understands and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Tappishop cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
- As a Seller, you are responsible for ensuring that you are not allow to post or sell any item that is restricted or prohibited by a federal, state or local law in your country or jurisdiction.
- INTELLECTUAL PROPERTY AND CUSTOMER CONTENT
- We do not claim any intellectual property rights over the Materials you provide to the Tappishop Service. All Materials you upload remains yours. You can remove your Tappishop Store at any time by deleting your Account.
- By uploading Materials, you agree: (i) to allow other internet users to view the Materials you post publicly to your Store; (ii) to allow Tappishop to store, and in the case of Materials you post publicly, display and use your Materials; and (iii) that Tappishop can, at any time, review and delete all the Materials submitted to its Service, although Tappishop is not obligated to do so.
- You are responsible for compliance of the Materials with any applicable laws or regulations.
- Tappishop shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
- DISCLAIMERS OF SERVICE
- This Service is provided on an "as is" and "as available" basis. Tappishop disclaims all liability and makes no express or implied epresentation or warranties of any kind in relation to the Service including but not limited to:
- Availability, accessibility, timeliness and uninterrupted use of the Service.
- Sequence, accuracy, completeness, timeliness or the security of any data, Content or information provided to you as part of the Service.
- You acknowledge that the entire risk arising out of the use or performance of the site and/ or the Services remains with you to the maximum extent permitted by applicable law.
- By using the Service, you acknowledge and agree that Tappishop’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.