Terms & Conditions

By using this website (the "Site"), you agree to these Terms & Conditions (this "Agreement") that govern TAP products and services (the "Services"), which are brought to you by TAP Labs, LLC (and its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors - collectively "TAP", "we," "us," "our," "ours"). Purchase or use of any TAP product or service at any time subjects the user ("you," "your," "yours", "user", "member", "customer", "partner", "business") to the provisions of this Agreement. You also agree to our Privacy Policy, and agree to follow any other rules posted on the Site.

These terms may change over time. If so, you will be notified of material changes - either by notifications on the Site, or by email. New terms do not apply retroactively. If you continue to use our Services after the commencement date of new terms, then you signify acceptance of the new terms.

1. Accounts

  • As a visitor to the Site, you may browse and search content without registering for an account. However, some functions require creation of an account.

  • We expect Members to submit and maintain accurate user information. Such information may include name, address, email address, telephone number, business, banking and billing information. Members can change account information online at any time.

  • You are responsible for all the activity on your account, and securing your password.

2. Prohibited Activity

While using the Site and Services, you agree not to engage in any activity or behavior that is harmful to TAP and the community at large. Failure to adhere to these rules may result in immediate membership cancellation, and even legal action. Here's a list of prohibited activities:

Illegal Activity

TAP does not tolerate any activity that violates the law, or breaches any contract or legal duty.

Hacking

Attempts to attack or maliciously alter or damage content on the Site, or deny access to the Site are strictly prohibited, and may prompt legal action.

Tampering

Attempts to duplicate, alter or damage any electronic of physical media used to redeem offers is prohibited.

Fraud

TAP vets all businesses, offers and transactions made on the Site. Partnering businesses must make every effort to accurately represent business information, and any offers made to Members. All credit and debit card transactions are authenticated, and fraud detection is in place.

Spam

Any attempts to spam Members with unwanted communications, or other violations of the CANSPAM Act will result in immediate termination of Membership and possible legal action.

Privacy Violation

Any unauthorized access or sharing of other Member's information without the Member's expressed permission is prohibited.

Harassment

Harrasment, abuse or threats to any Member of the community will not be tolerated, and should be reported immediately to abuse@tappay.com

3. Cancellation/Termination

(a) You have the right to cancel your Membership at any time. No refunds will be available.

(b) You can cancel your Membership by contacting us via email at membership@tappay.com.

(c) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.

(d) We may terminate any or all of the benefits available under the TAP Service at any time with or without notice.

4. Electronic Communications

When you visit tappay.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TAP Labs, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of TAP Labs, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of TAP Labs, LLC or its software suppliers and protected by United States and international copyright laws.

6. Trademarks

TAP, TAPPay, TAPCard, TAPWallet and other marks indicated on our site are trademarks of TAP Labs, LLC, or its subsidiaries, in the United States and other countries. Graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of TAP Labs, LLC, Inc. or its subsidiaries. TAP Labs, LLC's trademarks and trade dress may not be used in connection with any product or service that is not TAP Labs, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TAP Labs, LLC. All other trademarks not owned by TAP Labs, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TAP Labs, LLC or its subsidiaries.

7. License and Site Access

TAP Labs, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TAP Labs, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TAP Labs, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page or form) of TAP Labs, LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing TAP Labs, LLC's name or trademarks without the express written consent of TAP Labs, LLC. Any unauthorized use terminates the permission or license granted by TAP Labs, LLC You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TAP Labs, LLC so long as the link does not portray TAP Labs, LLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TAP Labs, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

8. Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TAP Labs, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant TAP Labs, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TAP Labs, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TAP Labs, LLC or its affiliates for all claims resulting from content you supply. TAP Labs, LLC has the right but not the obligation to monitor and edit or remove any activity or content. TAP Labs, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

9. Disclaimers; Limitation of Liability

USE OF THE TAP SERVICE AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAP Labs, LLC AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "TAP") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE TAP SERVICE WILL MEET YOUR REQUIREMENTS, (ii) TAP SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE TAP SERVICE WILL MEET YOUR EXPECTATIONS.

MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE TAP SERVICE OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE TAP SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE TAP SERVICE DATA; OR (iv) ANY OTHER MATTER RELATING TO THE TAP SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. Governing Law

This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California, without regard to conflict of law principles.

11. Binding Arbitration

Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the TAP Service shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude TAP Labs, LLC from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).

12. Acknowledgment

This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Service with respect to the TAP Service and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the TAP Service is deemed to have accepted the terms and conditions of this Agreement.