General Terms and Conditions
General Cooperation Conditions
Last modified on December 10 2021
To make use of our Services, you must accept these General Cooperation Conditions. In this document you can read what you can expect from TAPP, and what TAPP expects from you. We advise you to read these General Cooperation Conditions carefully, so that you know which conditions apply to the use of TAPP’s Services.
Article 1 Definitions
The General Cooperation Conditions contain some specific terms and definitions. We want to eliminate any confusion on these terms and definitions. Therefore, we will shortly explain these terms and definitions. The following terms and definitions can be defined as:
General Cooperation Conditions
These General Cooperation Conditions, which are inextricably linked to the use of TAPP's Services.
The collecting of automated sales data via the PoS of the hospitality business by means of the TAPP software and hardware. TAPP provides insights via the TAPP Horeca Portal based on the collected sales data.
The counterparty of TAPP.
Point of Sale. Another definition would be the cash register of a hospitality business.
TAPP is the trade name of Tabster B.V. Tabster B.V. is registered under Chamber of Commerce number 62721720 and has the address Overschiestraat 59A, 1062 XD in Amsterdam.
TAPP Horeca Portal
Online environment on the TAPP website for affiliated hospitality businesses. The TAPP Horeca Portal provides insight into the performance of the Hospitality Business and these performances can be compared with the anonymized performance of similar businesses. The TAPP Horeca Portal also provides insight into developments in the market. The TAPP Horeca Portal is protected with a personal account.
TAPP-software & -hardware
The software and hardware that is developed by TAPP. With TAPP’s software and hardware a company’s sales data is collected.
The website is http://www.tapp.cafe/.
Article 2 Applicability
These General Cooperation Conditions apply to all Services used by the Hospitality Business.
Article 3 Consent
3.1 Based on everything stated in these General Cooperation Conditions, TAPP grants the Hospitality Business a license to connect the TAPP software and hardware to the PoS, for TAPP to be able to analyze the performances of the Hospitality Business and to provide these analyses. This license is valid for the duration of the cooperation with TAPP and is personal, non-exclusive, and non-transferable.
3.2 By agreeing to these General Cooperation Conditions, the Hospitality business confirms that it is the owner of the data & PoS equipment and that it authorizes TAPP to connect the TAPP software and hardware to the PoS.
Article 4 Costs and Installation
4.1 For the use of the TAPP Horeca Portal, TAPP will charge a monthly fee of EUR 49 (ex VAT), per affiliated Hospitality Business, to the owner/operator of the concerned Hospitality Business during the term of collaboration.
4.2 TAPP will realize a connection with the cash register system of the Hospitality Business free of charge.
4.3 The Hospitality Business can add additional businesses to the collaboration with TAPP by means of written notification to TAPP (including by e-mail).
4.4 During the collaboration with TAPP, the Hospitality Business will, if possible, ensure a working internet connection and power point available to TAPP near the cash register.
Article 5 Data Collection and Editing
5.1 TAPP will include the available sales data of the Hospitality Business in its database. TAPP also uses the sales data to analyze the sales market, to better understand consumer behavior and for anonymous market insights. By agreeing to these General Cooperation Conditions, the Hospitality Business gives permission for this and transfers this data to TAPP.
5.2. TAPP will not disclose or sell specific sales data of a Hospitality Business without the prior written consent of the Hospitality Business.
5.3 TAPP processes the sales data of the Hospitality Business with confidentiality and care. TAPP is in possession of a 'Security Verified' certificate from the ICT Institute (version 2016.10). This certificate shows that TAPP's procedures meet high standards regarding information security.
5.4 If TAPP discovers a security incident in which data from a Hospitality Business has been leaked or lost, TAPP will inform the Hospitality Business by telephone or e-mail.
Article 6 Services of TAPP
6.1 TAPP makes every effort to ensure that its Services are operational and function properly. If TAPP encounters technical problems, or that it wants or needs to make improvements that affect the functionality of the TAPP software or- hardware, TAPP will inform the Hospitality Business on time, unless this is not possible, for example in the event of an urgent emergency.
6.2 TAPP reserves the right to change, suspend or discontinue its Services at any time. TAPP is not liable for the damage suffered by the Hospitality Business if - for whatever reason - the Services are changed or are not available at any time and for any period.
6.3 If there is a defect in the TAPP software or hardware that is part of the TAPP Services, the Hospitality Business must contact TAPP as soon as reasonably possible so that TAPP can remedy the defect.
Article 7 Hospitality Business
7.1 The Hospitality Business must comply with TAPP's rules and guidelines for the use of the Services.
7.2. The Hospitality Business gives TAPP permission to refer to the Hospitality Business in TAPP advertisements and promotional material.
Article 8 Liability
8.1 TAPP is not liable for damage that the Hospitality Business suffers or will suffer as a result of installing or using the Services and the TAPP software and hardware. There is liability if this damage is caused by intent or deliberate recklessness on the part of TAPP.
8.2 The use of the TAPP Horeca Portal by the Hospitality Business also falls under the use of the Services and the TAPP software and hardware, as referred to in Article 7.1. TAPP does not provide advice, but only provides insights and information that offer the hospitality facility opportunities to make well-considered choices. TAPP is therefore not liable for whatever reason and in any form whatsoever for decisions made by a Hospitality Business based on insights and information from the TAPP Horeca Portal. TAPP is also not liable for any damage that a Hospitality Business suffers or will suffer as a result of making decisions based on the information and insights from the TAPP Horeca Portal.
8.3 TAPP does not accept any liability for damage resulting from incorrect and/or incomplete information provided by another user of the Services or the TAPP Horeca Portal.
8.4 TAPP is not liable for any errors, inaccuracies, misunderstandings, delays, or communication that does not come across clearly due to the use of the internet or any other (electronic) means of communication in the traffic between the Hospitality Business and TAPP and/or the TAPP Horeca Portal.
8.5 Without prejudice to any other limitations of liability as included in these General Cooperation Conditions, TAPP is not liable for indirect damage, consequential damage and/or loss in general.
8.6 TAPP's liability is in any case always limited to the amount to which TAPP's insurance is entitled in a particular case.
Article 9 Intellectual Property Rights
9.1 The intellectual property rights regarding the TAPP software and hardware are vested in TAPP. TAPP may provide third parties with a user license.
9.2 The Hospitality Business is not permitted to remove, make illegible, hide or change any notices or mentions about intellectual property rights of the TAPP software or hardware.
9.3 Nothing in these General Cooperation Conditions is intended to transfer any intellectual property rights to the Hospitality Business, other than the license to use the TAPP software and hardware as agreed in these General Cooperation Conditions. The Hospitality Business will not perform any acts that infringe or may infringe the intellectual property rights of TAPP, including the registration of domain names, trade names, brand names or logos that are identical or similar to those of TAPP.
9.4 The Hospitality Business is not allowed to modify, copy, distribute, transfer to third parties, publish, sell or license the TAPP software or hardware or any information related to the TAPP software or hardware.
9.5 The Hospitality Business is not allowed to modify, copy, distribute, transfer to third parties, publish, sell or license the insights and information from the TAPP Horeca Portal to third parties.
9.6 The installed hardware is the property of TAPP and will be returned or collected at the request of TAPP.
Article 10 Termination
10.1 Both parties can terminate the partnership, with due regard for a notice period of one month.
10.2 In the event of a change of owner/operator, the Hospitality Business will inform TAPP thereof.
10.3 In the following situations, TAPP can immediately terminate the collaboration with a Hospitality Business, in whole or in part:
- The Hospitality Business is developing or will be developing activities that are in violation with the Dutch law;
- The Hospitality Business has been declared bankrupt;
- The Hospitality Business has asked for a suspension of payment;
- The Hospitality Business does not comply with one or more obligations arising from the cooperation with TAPP and/or the General Cooperation Conditions, including paying the agreed fee for the services of TAPP.
Article 11 Use of Data
Article 12 Declarations and Warranties
The Hospitality Business guarantees that it has the full right and full authority to be a party to the collaboration with TAPP.
Article 13 Additional
13.1 TAPP may transfer or pledge all claims, powers, rights and obligations and actions arising from these General Cooperation Conditions to third parties. If this is the case, TAPP will inform the Hospitality Business in writing. The Hospitality Business declares that it will cooperate in such a transfer or pledge and that it will ensure that this third party will be able to exercise all rights against the Hospitality Business in the event of a transfer.
13.2 If any provision of these General Cooperation Conditions is found to be void or voidable, or becomes invalid in whole or in part for any other reason or whatsoever, the remaining provisions of the General Cooperation Conditions will remain in full force and effect. TAPP will replace the invalid stipulation with a stipulation that is valid and the legal consequences of which, in view of the content and scope of these General Cooperation Conditions, correspond as accurate as possible with those of the invalid stipulation.
13.3 TAPP is authorized to make changes to these General Cooperation Conditions. These changes will come into effect at the announced time of coming into effect. TAPP will send the amended terms and conditions to the other party in good time. If no time of entry into force has been communicated, a change towards the other party will take effect as soon as it has been notified by TAPP of the change.
13.4 Dutch law applies to these General Cooperation Conditions and all disputes arising from and/or in connection therewith.
13.5 The competent court in Amsterdam is authorized to settle disputes related to these General Cooperation Conditions, without prejudice to the right of appeal and cassation.