Last changes made on 17 February 2017
These Terms and Conditions apply to all TAPP services. TAPP advises the User to read these Terms and Conditions attentively so the User knows what rights and obligations he or she has.
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.
A café, bar or restaurant which supports TAPP as a payment method.
Messages the TAPP app sends to the User’s mobile phone.
The person whose name is used to open a group check and who is responsible for its payment.
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 website www.tapp.cafe
Article 2 Applicability
2.1 These Terms and Conditions are applicable to every way the User uses the Service. By using the Service the User accepts these Terms and Conditions.
2.2 TAPP can adjust or supplement these Terms and Conditions at any moment. The most current Terms and Conditions are found on the Website. If a change occurs in the Terms and Conditions, the new Terms and Conditions are brought to the User’s attention the next time he or she uses the App. If the User keeps using the Service after adjustments or supplements to the Terms and Conditions, the User accepts the adjusted or supplemented Terms and Conditions irrevocably. If the User does not agree with the adjusted or supplemented Terms and Conditions, the only possibility for the User is to stop using the Service and delete the App from his or her mobile device.
Article 3 App functionality
With the TAPP App Users can find Catering Facilities, open a check, divide this check over other Users and pay this check. More information about the App’s functionality can be found on http://www.tapp.cafe/.
Article 4 Registration and Profile
4.1 To use the App’s functionality the User needs to download the App and fulfill the registration process. To do this the User needs to enter the following information, among other information, that is then verified by TAPP:
* Telephone number
* A self-chosen entry code, to better secure the User’s account.
* Valid payment information. Users can opt to enter their credit card information or their IBAN information. When choosing the second option Users also need to enter their postal code and house number because of legal obligations. To be sure the entered bank account is indeed the User’s bank account, the User needs to transfer 1 cent as verification.
4.2 The User is responsible for adjusting his or her information in case these change. The User acknowledges and understands that the accuracy and completeness of the provided information is of great importance to make the TAPP App work correctly.
Article 5 Use of the App
5.1 TAPP will anything possible to make sure the App functions properly 24 hours a day, 7 days a week. However, problems and delays can occur because of reasons beyond TAPP’s reasonable power. These problems might be, among others, interruptions of the App because of maintenance to or upgrades of TAPP-systems or systems belonging to a party TAPP uses when delivering the App, outage of telephone networks or, in case of mobile networks, being located outside of the coverage area.
5.2 In case TAPP gets technical problems, or when TAPP wants or needs to pass through improvements that temporarily limit the App’s functionality, TAPP will let Users know timely, unless this is not possible, in case of an emergency for example. This has no effect on the User’s obligation to pay outstanding amounts on his or her account.
5.3 In the unlikely event there is an error in the App TAPP asks the User to contact TAPP as soon as is reasonably possible, so TAPP can fix the error.
5.4 All amounts the User owes TAPP are directly payable at any moment.
5.5 The User should always use the most current version of the App and make sure the operating system of his or her mobile device is up-to-date; and
5.6 The User accepts that it is his or her own responsibility to deactivate the App and remove it from his or her mobile device when replacing or getting rid of the mobile device.
Article 6 Catering Facilities
6.1 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.
6.2 Up to the moment the Catering Facility confirms the TAPP-payment all purchases the User makes are part of an agreement between him or her and the Catering Facility. TAPP is no party in this agreement.
6.3 Every check is bound to one Account Holder. This Account Holder can request other Users to take part in the check. It is the responsibility of the Account Holder to monitor the check, point the Catering Facility to possible mistakes and make sure the check is correctly set up. TAPP is not responsible for the correctness of a check. If the check is incorrect this should be taken up with employees of the Catering Facility.
6.4 Though TAPP the check can be divided over different Users, so they can pay individually. However, it is the responsibility of the Account Holder to make sure the entire amount of the check is paid to the Catering Facility, as is further specified in Article 7. A Catering Facility will not close a check until it is fully paid.
6.5 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 7 Accountability
7.1 The Account Holder is responsible for making sure the entire amount on the check is paid to the Catering Facility.
7.2 It is the responsibility of the Catering Facility to make sure the check is correctly set up. The User has the responsibility to check his or her bill and point out any mistakes.
7.3 The User downloads and uses the APP at his or her own risk and is responsible for any damage to the mobile device or loss of information resulting from downloading or using the App. TAPP is not responsible for damage resulting from software on the mobile device that has not officially been approved by the producer of the operating system of the mobile device.
7.4 The App is delivered without any guarantee of any kind regarding the App’s functionality and the correctness of the information shown in the App. TAPP is not responsible for damage resulting from shortcomings or defects that influence the App, except when such damage results from heavy faults made by TAPP.
7.5 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 User does not conform to these conditions through his or her acts or neglect;
* The User does not follow the instructions for 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;
7.6 Unabated any other defects in the responsibility as included in these Conditions TAPP is not responsible for any indirect damage and/or loss.
Article 8 Restitution
TAPP will only restitute unfairly paid amounts when these amounts are verified by the Catering Facility according to the procedure below. If an incorrect amount is paid the User should take the following steps: The User should inform the Catering Facility that an incorrect amount is paid. Within 48 hours of this message the User should mail the restitution request to firstname.lastname@example.org, with all details of the payment and the reason for the restitution request. A request made after 48 hours will not be granted, except in case of extraordinary circumstances. TAPP reserves the rights to refuse any restitution request that has not been timely verified by the relevant Catering Facility.
As soon as a restitution request is approved TAPP will contact the User, who can choose whether the restitution:
* Is deposited on the User’s account with which future checks can be paid.
* Is restituted to the User’s credit card or bank account.
Article 9 Intellectual ownership
9.1 The intellectual ownership concerning the App rest with TAPP and/or its licensors.
9.2 Under the conditions as set in these Terms and Conditions, TAPP gives the User a limited, personal, revocable, non-exclusive, non-sub-licensable, non-transferable right to make use of the App.
9.3 It is not allowed to remove, make unreadable, hide or adjust notifications or mentions concerning intellectual ownership.
9.4 Nothing in these Terms and conditions is meant to transfer any intellectual ownership to the User. The User 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.
9.5 The User may not change, copy, distribute, transfer, show, publish, sell or license the App or any information or software related to the App. It is also not allowed to request or reuse any substantial parts of the App without written consent from TAPP, it is neither allowed to reuse repeated and systematic non-substantial parts of the App as intended in the Databankenwet.
9.6 Under the condition set in these Terms and Conditions, the User keeps the intellectual property to all information the User provides through the App.
Article 10 Data use
Article 11 Termination
11.1 The User has the right to cease using the App and terminate or remove his or her profile at any time. The termination of the profile has no consequences for transactions that were already made before the moment of termination.
11.2 In case of a violation of one of the obligations and limitations as indicated in these Terms and Conditions and when deactivating or removing the App from your mobile device, all rights granted to you concerning the App expire immediately.
Article 12 Other
12.1 Dutch law is applicable to these Terms and Conditions and any disputes that result from and/or are related to these Terms and Conditions.
12.2 All disputes resulting from and/or related to these Terms and Conditions will be presented to the authorized judge in Utrecht unless compelling law assigns another authorized judge.
12.3 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.
12.4 TAPP may transfer or pawn all claims, competencies, rights, obligations, and actions concerning the Terms and Conditions to thirds and will notify Users of this. The User 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 User.