Business Terms And Conditions

Business Terms and Conditions 
  

Tapit Labs Ltd.  Our registration number is 668017.    

 

The Service: 

These Terms of Use apply to your use of the Service operated by Tapit. The Service may be used to issue loyalty cashback to customers. These cashback transactions are processed through Tapit’s database and through card linking that is provided by our partner, Fidel. You have access to your issued Cashback via a customer dashboard.  Other features may be added and withdrawn from time to time. By registering with the Service you agree to these Terms of Use.    

 

Intellectual Property Rights: 

 

Tapit Intellectual Property: all the intellectual property rights in or related to (a) Tapit mobile application,, (b) Tapit website, (c) Tapit marketing material, (d) Tapit services, (e) all trade names, trademarks and logos of Tapit , (f) all data collected by Tapit servers shall at all times remain solely under the ownership of Tapit Labs Ltd.  Tapit reserves the right to amend the intellectual property rights at any given time without any prior notice. You are not entitled to use or modify any trademarks, trade names or logos of Tapit or its licensors (or any Intellectual Property Rights relating to them) for any purpose or refer to Tapit in any of its publications or advertising materials, without Tapit’s prior written consent, the granting of which shall be within Tapit’s absolute and sole discretion. 

 

Limitations: 

 

You agree not to decode, decompile, disassemble, recreate, render, reverse engineer or explore any of the Tapit system, including other intellectual property rights. You agree not to use the Tapit system for any other purpose other than for the purpose it is supplied to you by Tapit, i.e. as a customer loyalty solution. You agree not to copy any part of Tapit system offline or online, fully or partially. You agree to follow usability guidelines communicated to them by Tapit team verbally or in written form during installation of the Tapit system at their business premises. 

 

Warranties and Liability: 

 

Tapit makes no representations or warranties, express or implied, regarding the Service and all representations, undertakings, warranties, terms and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law. Except as provided in these Terms of Use, Tapit shall not be liable to you for any claims whatsoever including but not limited to those arising from loss of profits, business, revenue, goodwill, anticipated savings and/or any other indirect, special or consequential loss or damage whether arising under contract, negligence or otherwise out of or in connection with the Service. In particular, Tapit accepts no responsibility or liability for claims against the merchant from customers. Tapit neither excludes nor limits its liability for death or personal injury caused by its own negligence or any other liability the exclusion or limitation of which is expressly prohibited by law. 

 

Although Tapit makes reasonable efforts to update information on our website, Tapit makes no representations, warranties or guarantees, whether express or implied, that the content on our site and provided to you is accurate, complete or up to date. Tapit is not responsible for the provision of the Tapit loyalty scheme in any other manner other than in accordance with these terms and conditions and the Contract and in the event that you offer the Tapit loyalty scheme to your customers in any other manner, for example, paper and stamp systems, Tapit shall not be responsible for the loyalty scheme or ensuring that it works. Tapit shall not deduct any points from your customers in the event that your customers gain excess points in error or by your use of the loyalty scheme and provision of loyalty points. Tapit is not responsible for your customer’s selection of rewards or your pricing of those rewards. 

  

Who the customer is contracted with: 

 

The contract regarding the redemption of points and the provision of goods and services which can be obtained by points is between the customer who has obtained the Cashback by consuming your services and you. It is NOT with Tapit.  Accordingly, Tapit is not responsible for any disagreement with a customer with regard to goods or services in return for points that the customer may have accumulated. 
You hereby acknowledge and accept that Cashback will be assigned to your customers in accordance with the customer’s total spend on each individual transaction with you and in the event that one of your customer’s total spend includes excess sums (including but limited to gratuity) then Cashback will assigned to any such excess sums. 

  

Descriptions: 

It is your responsibility to provide accurate descriptions of your services and Tapit is not liable for any error or misrepresentation in the descriptions of your services. 

  

Paid Subscription Fees 

In consideration of Tapit providing Paid Subscription Services, you must pay our charges (Charges) in accordance with these terms and conditions. 
The Charges are the prices quoted on our site at the time you submit your order.  We take all reasonable care to ensure that the prices stated for Paid Subscription Services are correct at the time when the relevant information was entered into the system. We reserve the right to increase the Charges. It is always possible, despite our best efforts, some of the Paid Subscription Services on our site may be incorrectly priced. In such event, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Paid Subscription Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the Paid Subscription Services and refund you any sums you have paid. 

  

How to pay: 

Payment for Paid Subscription Services is monthly in advance for any subscription recurring fee’s.

All Cashback offered to customers and any Tapit Labs Ltd fees occurred during the month will be debited from your Direct Debit account 14 days after payment of monthly recurring fees.

 

Fees normally subject to payment are Monthly Subscriptions fees, non qualifying transaction fees, minimum transaction fees.

  

For the duration of the Tapit Trial period – all customers will be exempt from fees. 

 

 Minimum Transaction Fees: There will be a minimum transaction fee of €0.40 should Tapit Transaction fees not exceed minimum fees. 

 

The price of the service provided shall be the Company’s price ruling at the date of Customer application process.

 

The Company will provide written notification to the Customer in advance of any change to service charges.

 

The Company may for operational reasons change its billing method and frequency after prior notification to the Customer. We reserve the right to issue bills in a paperless format and we will impose an administration charge for the issue of a paper bill.

 

The Company may, without notice, suspend the service to the Customer wholly or partially if the service cost is outstanding for 14 days after the invoice date. In the event of overdue payments, the Customer agrees to pay all collection and other costs incurred by Tapit Labs Ltd in the settlement process.

 

Each business prior to being accepted on Tapit Labs Ltd advises that the payment option is Direct Debit and the Customer must ensure that the Bank Account details provided are from a current account which can accept Direct Debits.

 

In the event of a cancellation of a direct debit instruction the Customer shall duly notify the Bank and the Originator (Tapit Labs Ltd) in writing of such cancellation.

 

As a member of the Direct Debit Scheme, in which Banks and Originators of Direct Debits participate, if it is established that anunauthorised Direct Debit was charged to a Customer account, the Customer is guaranteed a prompt refund by their Bank of the amount so charged.

 

It is the responsibility of the Customer to advise the Company in writing of any change to Bank Account details provided on the original direct debit instruction.

 

The Company will impose an administration charge of €7.50 on unpaid direct debit instalments. The Customer will be notified by email of the unpaid amount including administration charge. An alternative payment is required by Tapit Labs Ltd for the full sum owed within five working days from the date of unpaid direct debit notification. Administration charges are subject to change at any time at the Company’s sole discretion.

 

Invoices shall ordinarily be sent to email address as shown on the sign up form (or any other address notified to the Company

 

We will take your first payment on the Contract Commencement Date and monthly in advance thereafter. Payment for such Services shall be by credit or debit card on a monthly recurring basis. 

 

We use Fire.com to process your credit, or debit card payments. More information on how Stripe processes your personal data and your data protection rights, 
including your right to object, is available at https://www.fire.com/privacy/  

  

Our contract with you: 

These terms and conditions apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Contract is the entire agreement between you and us in relation to its subject matter. 

The Contract shall commence on the date you are accepted by the Fidel platform who provide Tapit with a card linking service (Contract Commencement Date) and shall continue on a rolling monthly basis until you cancel.  You authorise Tapit to charge your payment method automatically each month until cancellation. If you decide to change your mind within 14 days of contract commencement, you can contact us by emailing TapUs@Tapit.ie

  

Cancellation: 

You may cancel at any time, giving 30 days’ notice by emailing TapUs@Tapit.ie.  Payments are non-refundable and we do not provide refunds or credits for partial months. 

Thirty days’ notice is required in order to allow time for your customers to redeem their point should they wish. 

  

Modification: 

Tapit may at any time modify these Terms of Use. Any modifications will become effective upon the posting of the modified Terms of Use on the Tapit website. We will notify you by email to the email address that we hold for you. 

  

Termination by Tapit: 

Tapit reserves the right to terminate the Service and/or your use of the Service at its discretion without notice. Tapit will refund you for the balance of any amount due minus any debts due by you to TapitTapit reserves the right to cancel any online order for Tapit if it is deemed that Tapit is not a good fit for you and/or Tapit. Any payment made will be refunded to you by Tapit. 

  

Privacy & Cookie Policy: 

By using the Service you are deemed to have read, understood and accepted our privacy and cookie policy which can be seen here. 

  

Force Majeure: 

Tapit shall not be liable for any failure or delay in performance of its usual services or business activity which is caused by any event beyond the reasonable control of Tapit, including, without limitation, any emergency, natural calamity or situation (“Force Majeure Event”). Any delay or failure in the performance by either Party under these Terms of Use shall be excused if and to the extent caused by the occurrence of a Force Majeure Event. 

  

Definitions: 

In these Terms of Use, Tapit Labs Ltd is referred to as “Tapit”, we and End User Customers are referred to as “customer”, “customers”, “user”, “users”, Merchants are referred to as “merchant” or “you”. The services we provide are referred to as the “Service”. “Cashback” means the cash awarded by merchants to users.