V 1.0 April 2018
Terms of Use (“Terms”)
Read the full Terms (“Terms”) carefully before using TAPSTAK Mobile (the “Service”) operated by Voxtake Ltd T/A TAPSTAK.
Access to and use of the Service is conditional on your acceptance of and compliance with the full Terms which apply to all users and others who access or use the TAPSTAK Mobile Service.
TAPSTAK is a platform and Mobile Application designed to support interaction by providing an interface for engaging with interactive events, services and products organised and provided by third parties. Except in the case of where Voxtake is the interactive event organiser, Voxtake does not accept liability for non-delivery of advertised prizes or awards or failure to respond to interactive messages sent. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service and should exit and remove this Application.
End users are advised to read the individual terms and conditions associated with each Activity before engaging with the Activity.
By setting the [Accept] toggle and clicking [Continue] you are agreeing to be bound by the Terms.
Read the full Terms (“Terms”) carefully before using TAPSTAK (the “Service”) operated by Voxtake Ltd (the Service Provider). Your access to and use of the Service is conditional on your acceptance of and compliance with the Terms which apply to all users of the Service. By accessing or using the Service you agree to be bound by the Terms. If you disagree with any part of the Terms then you may not access the Service.
Note: This Service is a transparent electronic communications platform designed to support interaction by generating messages at the tap of a button to be sent to the event / service organiser or product and be processed on receipt. TAPSTAK does not gather or store any information on our servers and does not require the End-user to register on our server.
1 ACCEPTANCE of TERMS
Voxtake Ltd.’s service(s) are provided to you (“End-User”) under this agreement and any operating rules, policies, price schedules, or other supplemental documents which are expressly incorporated herein by a reference in this agreement and published from time to time by Voxtake Ltd.
BY COMPLETING TICKING THE “ACCEPT” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, USE OF THE SERVICES IN COMPLIANCE WITH SECTION 10, END-USER CONDUCT.
2 THE SERVICE
Voxtake Ltd is providing the End-user with a capability:
To interact with many interactive events, services and products by sending pre-formatted messages from Micro-apps contained in the TAPSTAK App – at the tap of a programmed button. These events, services or products may be provided by TAPSTAK or by third party providers.
End-user agrees to:
Provide certain limited information about End-user as prompted to do so by the Service on sign-up or during the course of using the TAPSTAK service. The information requested shall be referred to as setup data (“Setup Data”).
Although Voxtake Ltd will take reasonable measures to exclude End-user’s name, mailing address, email address, account and phone number from any disclosures, Voxtake Ltd may, due to the existing legal and regulatory environment, not be able to ensure that End-user’s personally identifiable information or End-user’s private communications will not be accessed by third parties. By way of example (without limiting the foregoing), Voxtake Ltd may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, Voxtake Ltd can (and End-user hereby authorises Voxtake Ltd. to) disclose Setup Data or any information about End-user to law enforcement or other government officials as Voxtake Ltd, in its sole discretion, believes necessary or appropriate. Therefore, Voxtake Ltd does not promise, and End-user should not expect, that personally identifiable information or private communications will always remain private.
3 TERMS OF SERVICE
Although Voxtake Ltd acts as a passive conduit for End-user to receive and send information of End-user’s own choosing, End-user acknowledges and agrees that certain technical processing of, and access to SMS text messages and their content may be required by third-party providers to:
(1) route the messages; (2) conform to connecting networks’ technical requirements; (3) conform to the limitations of the Service; (4) prevent or minimize disruptions to the Service; or (5) conform to other similar requirements.
4 PRIVACY POLICY
The Voxtake Ltd current privacy policies, which are incorporated herein by this reference, are available at https://tapstak.com/privacy/.
5 MODIFICATIONS TO TERMS OF SERVICE AND PRIVACY POLICIES
Voxtake Ltd may automatically amend this Agreement or its privacy policies at any time by (i) posting a revised Voxtake Ltd Terms of Service document or privacy policies document on the Voxtake Ltd World Wide Web site. End-user is responsible for regularly reviewing the Voxtake Ltd World Wide Web site to obtain timely notice of such amendments.
6 MODIFICATIONS TO SERVICE
Voxtake Ltd reserves the right to modify or discontinue the Service with or without notice to End-user. Voxtake Ltd shall not be liable to End-user or any third party should Voxtake Ltd exercise its right to modify or discontinue the Service.
7 END-USER ACCOUNT, PASSWORD AND SECURITY
TAPSTAK Mobile End-users do not have an account with the TAPSTAK platform. All information is stored locally on the End-user’s mobile device. Voxtake accepts no responsibility for any unauthorised access to the device and use of the TAPSTAK App by unauthorised 3rd parties. It is the responsibility of the End-user to manage access to the information stored by the TAPSTAK mobile Application.
8 DISCLAIMER OF WARRANTIES
END-USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT END-USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Voxtake LTD EXPRESSLY DISCLAIMS 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. Voxtake Ltd MAKES NO WARRANTY THAT THE SERVICE WILL MEET END-USER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Voxtake Ltd MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF END-USER’S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCURACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. END-USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT END-USER’S OWN DISCRETION AND RISK AND THAT END-USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Voxtake Ltd MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. Voxtake Ltd ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE SMS TEXT MESSAGES NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY END-USER FROM Voxtake Ltd OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO END-USER.
9 LIMITATION OF LIABILITY
IN NO EVENT SHALL Voxtake Ltd OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF END-USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Voxtake Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Voxtake Ltd LTD’S LIABILITY TO END-USERS OR ANY THIRD PARTIES IS LIMITED TO €50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO END-USER.
10 SERVICES PROVIDED BY OTHER SERVICE PROVIDERS
Voxtake Ltd offers the Service to its End-users as a capability, consistent with the terms and conditions hereof, for generating, acquiring, storing, transforming, processing, retrieving, broadcasting, utilizing or making available information via telecommunications services purchased from telecommunications carriers (“Carriers”) and information services purchased from other ISPs. Voxtake Ltd. does not provide or resell telecommunications services, but where necessary may obtain and integrate telecommunications services from Carriers as part of the Service it offers to its End-users.
11 END-USER CONDUCT
End-user is solely responsible for the contents of his or her transmissions through the Service, and, as stated above, Voxtake Ltd simply acts as a passive conduit for End-user to receive and send information of End-user’s own choosing. However, Voxtake Ltd reserves the right to take any action with respect to the Services that Voxtake Ltd deems necessary or appropriate in Voxtake Ltd’s sole discretion if Voxtake Ltd believes End-user or End-user’s information may create liability for Voxtake Ltd, compromise or disrupt the Service for End-user or other Voxtake LtdEnd-users, or cause Voxtake Ltd
Ltd to lose (in whole or in part) the services of Voxtake Ltd’s ISPs or other suppliers. End-user’s use of the Service is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
End-user agrees: (1) to comply with Irish law regarding the transmission of technical data exported from the Ireland through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. End-user further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Service makes use of the Internet for End-user to receive information of End-user’s own choosing; therefore, End-user’s conduct is subject to Internet regulations, policies and procedures.
12 INDEMNIFICATION
End-user agrees to indemnify and hold Voxtake Ltd, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of End-user’s use of the Service, the violation of this Agreement by End-user, or the infringement by End-user, or other user of the Service using End-user’s computer, of any intellectual property or other right of any person or entity.
13 TERMINATION
Voxtake Ltd may immediately terminate End-user’s End-usership and right to use the Service (1) if End-user breaches this Agreement, (2) if Voxtake Ltd decides, at its sole discretion, to discontinue offering the Service, (Upon termination of the Service, End-user’s right to use the Service immediately ceases.
14 PARTICIPATION IN PROMOTIONS OF ADVERTISERS
End-user may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding End-user and the Advertiser. Voxtake Ltd assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15 PROPRIETARY RIGHTS TO CONTENT
End-user acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to End-user by the Service (“Content”) by Voxtake Ltd or Voxtake Ltd.’s Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, End-user is only permitted to use this Content as expressly authorized by the Service or the Advertiser.
End-user may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
16 GENERAL TERMS
This Agreement shall be governed by and construed in accordance with the laws of Ireland (excluding laws governing the conflict of laws) and the parties submit to the jurisdiction of the Irish Courts. This will not prevent Voxtake Ltd from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, the Service, or the Data in any other jurisdiction throughout the world. Voxtake Ltd.’s failure to act with respect to a breach by End-user or others does not waive Voxtake Ltd.’s right to act with respect to subsequent or similar breaches. End-user may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Voxtake Ltd shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Voxtake Ltd.’s reasonable control. End-user agrees that Voxtake Ltd may communicate with End-user via email and any similar technology for purposes relating to End-user’s End-usership or the Service and any other services provided or which may in the future be provided by Voxtake Ltd or on Voxtake Ltd.’s behalf. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. The Service hereunder is offered by Voxtake Ltd.
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