UPDATED: Terms and Conditions V.1.3 - 22.05.19
Terms and Conditions
This website is operated by TAGPAY. Throughout the site, the terms “we”, “us” and “our” refer to TAGPAY. TAGPAY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
All extended specifics services terms relating to the TAGPAY NFC Wristbands, TAGPAY Applications and the TAGPAY Device can be seen in section 18 to 28.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TAGPAY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless TAGPAY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us however without limiting its other rights or remedies, either party may terminate the contract by giving the other party no less than 30 days’ notice within the Term. The minimum term is 12 months when ordering the TAGPAY Standard or TAGPAY Pro service.
Without limiting its other rights, TAGPAY may terminate this Agreement with the CUSTOMER if the CUSTOMER fails to pay any amount due under this Agreement on the payment due date. However, will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Without limiting its other rights or remedies, TAGPAY may suspend the supply of Services or all further delivery of goods under the agreement, if the CUSTOMER fails to pay the amount specified in this Agreement by the payment due date.
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
SECTION 18 – TAGPAY HAS THE RIGHT TO
All payments of the CUSTOMER to be migrated thus be managed by TAGPAY subject to CUSTOMER selecting the TAGPAY Pro service as seen on the store with a variance of 5% of total registered participants of all payments migrated to TAGPAY (if applicable). If the variance is greater than 5% default switch to the TAGPAY standard service chargeable fees apply.
Route any transaction through a payment gateway which would require a clearing duration period around ten working (10) days as a fraud prevention measure.
If using a payment gateway, the CUSTOMER accepts the terms and conditions attached to that payment gateway. (Powered by Stripe)
Monthly subscription will be the billable month on month based on selecting the TAGPAY standard service with the subscription fee commercial terms (£1 per month per player). Or agreed fixed monthly fee can apply if agreed in writing by both parties.
SECTION 19 – QUALITY AND SERVICES
TAGPAY agrees to perform the services with professional and ethical competence and integrity.
TAGPAY shall not be liable for any inherent defects, lack of capability or lack of functionality caused to the CUSTOMER or the API which is a set of functions and procedures that allow the creation of applications which access the features or data of an operating system, application, or other services. The operating system in this situation could feed on a data source such as a database that holds their customer information.
TAGPAY does not guarantee or warrant to uninterrupted services or error-free services as these may be caused by intermittent or faulty internet connections or defects in the local infrastructure as TAGPAY cannot control if the Internet service provider or mobile network operator connectivity is disrupted due to their own failure.
TAGPAY can guarantee 99% uptime, what this means is that TAGPAY has a guaranteed 99 percent coverage end to end. The CUSTOMER shall reasonably co-operate with TAGPAY in TAGPAY supply of a Service, including any diagnostic or other maintenance or upgrade activities.
TAGPAY may (at no charge to the Customer) modify a Service so long as this does not cause a materially adverse impact on the CUSTOMER’s use of the Service.
SECTION 20 – SUPPLY OF SERVICES
TAGPAY shall perform all Services to the CUSTOMER in accordance with the terms and conditions specified in this agreement.
TAGPAY shall use all reasonable endeavours to meet any performance of the features as stated on the website for the service chosen.
Affiliate means any individual or firm, corporation, partnership, association, trust or other entity that now or in the future, directly or indirectly controls, or is controlled by, or is under common control with a party to this Agreement. Including current CUSTOMER operators and new CUSTOMER operators for the purpose of this definition, "control" means direct or indirect ownership or other equity interests of an entity or the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
SECTION 21 – CUSTOMER’S OBLIGATIONS
The CUSTOMER acknowledges that they are to refer to TAGPAY as a “Technology Partner” in all press released and marketing and to place the quote “Powered by TAGPAY” on all related marketing collaterals.
There shall be a Security fee to answer for losses of or damages to the devices, units, or modules issued by TAGPAY to the merchants/workforce of CUSTOMER for the implementation of the system. The security fee per device based on purchase one of a fee as seen in the store. (Applicable for CUSTOMER’S renting the smart reader on a subscription basis.
SECTION 22 – INTELLECTUAL PROPERTY RIGHTS
All data collected via TAGPAY service(s) from or through users shall belong to TAGPAY for various purposes as stated below;
The CUSTOMER agrees that all data collected shall be solely used for the purpose of market research, enhancement, and enrichment for TAGPAY to further its services. And that collected data to be anonymized if used for market research to be sold or re-sold to any third party. The CUSTOMER shall comply with all Data Protection laws.
SECTION 23 - DATA PROTECTION
The Parties acknowledge that in providing Services, TAGPAY may process Personal Data, including, without limitation, transferring it outside the United States & European Economic Area and/or disclosing it to third parties. Notwithstanding the foregoing, the CUSTOMER shall indemnify TAGPAY against any claims, losses, costs or damage that arise from such processing by TAGPAY. TAGPAY will have in place adequate technical and organizational security measures so that the confidentiality of this processing complies with Applicable Data Protection Law, and the CUSTOMER shall:
Comply with, and its acts or omissions shall not cause TAGPAY to be in breach of, any Applicable Data Protection Law;
Obtain adequate consents from its CUSTOMERs and employees, including for transfers of Personal Data; and
Be responsible for the instructions it may give to TAGPAY regarding the processing of Personal Data. TAGPAY will, where appropriate, act on those instructions as reasonably necessary for the supply of Services.
SECTION 24 - CONFIDENTIALITY
The CUSTOMER acknowledges that all the terms and conditions of this Agreement are strictly confidential between the parties and shall not be disclosed to anyone except where necessary to perform the terms. Violation of this term will be deemed as a material breach of this agreement.
The CUSTOMER acknowledges that during the term of this contract, and within two (2) years of its expiration, the CUSTOMER shall not disclose any proprietary or confidential information relating to the services of the Agreement or any confidential information of TAGPAY’s business operations.
SECTION 25 – DISPUTE RESOLUTION
Any judicial or extra-judicial dispute arising out of this contract, which cannot be settled between the parties shall be adjudicated by the English courts under English law.
SECTION 26 – FORECE MAJEURE
TAGPAY shall not be liable to the CUSTOMER due to the inability to perform services as a result of an event of Force Majeure. Force Majeure Events consist of strikes, lock-outs or other industrial disputes, the failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 28 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]