To use the Services of TAPP you make the Agreement TAPP with us. The following terms and conditions belong to this. In these terms and conditions you read what you can expect from us, and the other way round. We advise you to read these Terms and Conditions carefully, so you know what exact agreements belong to the Agreement TAPP.
Article 1 Definitions
When the following terms are used in these Terms and Conditions, this is what they mean:
The application made by TAPP, with which a user can pay bills in Catering Facilities.
The person who registers with TAPP and downloads and uses the app.
The person whose name is used to open a group check and who is responsible for its payment.
A café, bar or restaurant which supports TAPP as a payment method, and the signatory of the Agreement TAPP.
Messages the TAPP app sends to the User’s mobile phone.
To make use of TAPP’s Services the Catering Facility makes an Agreement with TAPP.
The Point of Sale-system, or the cash register system of a Catering Facility.
TAPP is the brand name of Tabster B.V. Tabster is registered under KVK-number 62721720 and the address Wilhelminastraat 127H 1054WB in Amsterdam.
The application software and the TAPP touchscreen developed by TAPP, and which can serve as an online payment method through connection with the PoS of the Catering Facility.
The Touchscreen supplied by TAPP that, together with the application software, makes the connection between the TAPP App and the PoS possible and which is used by the Catering Facility to connect a User’s café check to a TAPP-check.
The website www.tapp.cafe
Article 2 Applicability
These Terms and Conditions are an inseparable part of the Agreement TAPP makes with the Catering Facility and are applicable to every use the Catering Facility makes of the Service.
Article 3 TAPP Functionality
TAPP offers Catering Facilities the possibility to use the application software developed by TAPP for an online payment method connected to the PoS of the Catering Facility, so Users have the possibility to find the Catering Facility, open a check there, divide that check with others and pay that check.
Article 4 Permissions
4.1 Taking into account the honoring the Conditions of this agreement TAPP grants the Catering Facility a personal, non-exclusive, non-transferable license to use the mobile application software developed by TAPP on its PoS for the duration of the agreement, so the User can pay his or her check at the Catering Facility through this Payment system.
4.2 The Catering Facility should have permission from its PoS-supplier for the coupling of the TAPP Touchscreen and TAPP’s application software to its PoS.
Article 5 TAPP’s Services
5.1 The Catering Facility has the possibility to show information about the Catering Facility on the TAPP website, such as pictures, location data, opening times, offers and other content in the APP.
5.2 It is the responsibility of the Catering Facility to make sure the information TAPP shows about the Catering Facility is correct and up-to-date.
5.3 To be shown in the TAPP App the Catering Facility should: * Provide TAPP with the information as requested by TAPP so TAPP can create an account for the Catering Facility; * Pay the costs as described under Article 10.
5.4 TAPP gives no guarantee about the arrangement of Catering Facilities in the App and has the right to decide where Catering Facilities are shown in the App.
5.5 TAPP will do everything in its power to make sure its Services stay operational and function properly. In case TAPP gets technical issues, or it wants or needs to pass through improvements that temporarily limit the functionality of the App TAPP will notify the Catering Facility timely, unless this is not possible, in case of an emergency for example. TAPP reserves the right adjust, suspend or cease its Services any moment. TAPP is not responsible for the damage the Catering Facility suffers if for any reason the Services are adjusted or unavailable at any time or for any period. In case there’s an error in the software or hardware that is part of TAPP’s services, the Catering Facility should contact TAPP as soon as reasonably possible, so TAPP can fix the error.
5.6 When TAPP’s services are temporarily non-operational or suspended for any reason, all checks the Catering Facility has confirmed at that moment will be closed (an action the bar personnel performs on the TAPP Touchscreen) by TAPP and payed as normal to the Catering Facility. The checks that are still open will remain open. If TAPP’s services are operational again later that evening, the (bar) personnel can opt to confirm these checks and close them so they are payed, or cancel the check anyway. When TAPP’s Services remain non-operational for the remainder of the day, the Catering Facility should assume the payment of open checks will not happen through TAPP and that the payment for these checks should happen in another way. I these cases TAPP makes sure no money is transferred from the User’s account. So the Catering Facility should assume that open checks are payed through TAPP when the (bar) personnel confirmed and closed these checks on the TAPP Touchscreen.
Article 6 Catering Facility
6.1 TAPP will make sure it provides the Catering Facility with information about the use of the App, the application software and the TAPP Touchscreen, so the Catering Facility can instruct its personnel in using TAPP.
6.2 The Catering Facility accepts that it follows these rules and guidelines for TAPP when using its Services.
6.3 The Catering Facility grants TAPP permission to refer to the Catering Facility in advertisements and promotion material.
6.4 The Catering Facility agrees that TAPP promotes the TAPP App in the Catering Facility, for example by using promotion material.
Article 7 Use of TAPP’s Services by Users
7.1 When a User makes a purchase at a Catering Facility a claim is made by the Catering Facility to the User. When the User indicates he or she wants to fulfill the payment with TAPP this claim remains the responsibility of the Catering Facility at first. When the Catering Facility confirms the TAPP-payment by pressing ‘Confirm’ on the TAPP Touchscreen the Catering Facility transfers the claim to TAPP. From that moment on the User is obliged to fulfill the payment to TAPP, and TAPP takes responsibility for the claim from the Catering Facility.
7.2 Until the moment the Catering Facility confirms the TAPP-payment all purchases the User makes are made in the agreement between him or her and the Catering Facility. TAPP is no party in this agreement.
7.3 When there is still an amount to be paid on an open check after the Catering Facility closes TAPP will automatically close this check at 07:00 AM. TAPP will automatically transfer the remaining amount from the credit card or bank account from the Users that are checked into the check at that moment.
Article 8 Accountability
8.1 The Services are delivered without guarantees of any kind concerning the functionality of the Services and the correctness of the information shown in the App and the TAPP Touchscreen.
8.2 TAPP is not responsible for damages of any kind suffered as a result of the following reasons: * Obligations in agreements between the Catering Facility and Users that are not honored. TAPP is no party in these agreements; * The Catering Facility does not conform to these conditions through its acts or neglect; * The Catering Facility does not follow the instructions for integrating and using TAPP; * The Services of TAPP are not or not fully available, do not function properly and/or in the case of incorrect or incomplete information and/or calculations; * Malfunctions in the (telecommunication)equipment and software of the Catering Facility; * The incorrect use of the App by a User; * For theft, loss, misuse, damage, destruction or not properly functioning of security devices; * The Catering Facility or its personnel does not follow TAPP’s instructions;
8.3 TAPP is responsible when damage is suffered due to deliberate or conscious recklessness by TAPP.
8.4 Unabated any other defects in the responsibility as included in these Conditions TAPP is not responsible for any indirect damage and/or loss.
Article 9 Payments
9.1 The daily turnover of checks payed through TAPP’s services at a Catering Facility, are transferred to the concerned Catering Facility within three days.
9.2 Collecting the checks payed by a User through the TAPP App is TAPP’s responsibility. With this TAPP takes the risk for any failures in collection with the User away from the Catering Facility. To reach this goal the Catering Facility transfers the right to collect the through TAPP payed checks to TAPP.
9.3 When Users believe they paid an unfair amount through TAPP, this amount can be restituted. This only happens when these amounts are verified by the Catering Facility concerned. The procedure for restitution can be found in the Terms and Conditions User. TAPP reserves the right to recline any restitution request that has not been verified timely by the Catering Facility concerned.
Article 10 Costs
10.1 The costs the Catering Facility pays TAPP to use TAPP’s services are drawn up in the Agreement. These costs may consist of: * Transaction costs for the payments Users make to the Catering Facility through the TAPP app. * One-time connection costs.
10.2 The Catering Facility is charged the transaction costs monthly through an invoice.
10.3 The Catering Facility should pay these transaction costs within 14 days after the billing date. When these expenses are not paid timely the Catering Facility can temporarily not be shown in the App.
Article 11 Intellectual ownership
11.1 The intellectual ownership concerning the App rest with TAPP and/or its licensors.
11.2 It is not allowed to remove, make unreadable, hide or adjust notifications or mentions concerning intellectual ownership.
11.3 Nothing in these Terms and conditions is meant to transfer any intellectual ownership to the Catering Facility, except for the license to use the product for execution of the agreement. The Catering Facility will not perform any acts that infringe TAPP’s intellectual ownership such as registering domain names, trade names, brands or logo’s that look like or are identical to any object of which TAPP has intellectual ownership.
11.4 The Catering Facility may not change, copy, distribute, transfer, show, publish, sell or license the App or any information or software related to the App.
11.5 Under the condition set in these Terms and Conditions, the Catering Facility keeps the intellectual property to all information the Catering Facility provides through the App.
Article 12 Termination
12.1 Both parties can terminate the Agreement with a notice period specified in the Agreement.
12.2 In the following situations TAPP can terminate the Agreement or a part of the Agreement instantly: * The Catering Facility is or is going to take actions that are in conflict with Dutch law; * The Catering Facility has been declared bankrupt; * The Catering Facility has asked for suspension of payments; * The Catering Facility does not honor one or more of the obligations in the Agreement;
Article 13 Data use
Article 14 Statements and Warranties
Each party in the Agreement guarantees that it has the full right and full authority to be a party in this Agreement.
Article 15 Other
15.1 Dutch law is applicable to these Terms and Conditions and any disputes that result from and/or are related to these Terms and Conditions.
15.2 TAPP may transfer or pawn all claims, competencies, rights, obligations and actions concerning the Terms and Conditions to thirds and will notify the Catering Facility of this. The Catering Facility now declares to comply with such a pawn and that the third party, in case of such a transfer, can exercise all rights towards the Catering Facility.
15.3 In case any clause in these Terms and Conditions appears void or destructible or are for any other reason entirely or partly invalid, the remaining clauses of the Terms and Conditions stand undiminished. TAPP will replace the invalid clause by a clause that is valid and of which the legal effects, considering the content and scope of these Terms and Conditions, match the ones of the invalid clause as much as possible.