The small print
Terms and conditions
- Issue date 30.04.2019 version 1.0
- Tap N Go Limited is a company registered in Gibraltar with registration number 117687 (“TAP”).
- TAP offers the following services “TAP Services”:
- Exposure to Cryptocurrencies;
- The Exchange and Trading of Crypto Currencies
- TAP Wallet
- TAP Prepaid Card
- These Generally Applicable Terms shall apply to all TAP Services and TAP Account- holders and shall include this document as well as any Schedules hereto and shall be read in accordance with the policies (“TAP Policies”) as may be referred to herein or otherwise within the TAP App or the Website and which are to form part of these terms including but not necessarily limited to:
- In addition to these Generally Applicable Terms and the policies referred to above, please ensure you also refer to the terms and conditions as may be specifically applicable to the TAP Services you wish to contract as follow:
- Together, these Generally Applicable Terms, the above-mentioned policies, and any other terms as may be applicable to the specific TAP Services being contracted, shall be referred to as the “TAP Terms”.
- The TAP Terms set out the basis on which you agree to contract with TAP and constitute a framework agreement which sets out the terms and conditions of you using, accessing, viewing, or in any way interacting with TAP including applying for an account with TAP (“TAP Account”) or using TAP Services in any way (“TAP Interaction”).
- Before you can open a TAP Account or obtain exposure to the TAP Services, you are required to read and understand these Generally Applicable Terms and the TAP Policies as well as any TAP Terms specifically relating to the TAP Services you wish to contract and the various associated risk warnings contained therein.
- By proceeding with any TAP Interaction, you accept and acknowledge the associated risks in dealing with the respective TAP Services and your agreement with these Generally Applicable Terms, the TAP Policies as well as any TAP Terms specifically relating to the TAP Services you wish to contract. You further agree to accept the decisions of TAP with respect to all matters relating to the TAP Services including the terms of any third-party providers which TAP may engage with in the provision of the TAP Services.
- No advice
- By accepting the TAP Terms and registering for a TAP Account, you accept and acknowledge that TAP does not provide investment, financial or other advice, and you contract on an execution only basis.
- You acknowledge that TAP may provide information to you from time to time, for example via the TAP App or the Website, but will not and does not provide advice either upon the merits of a proposed Transaction or upon any other matter.
- Before entering into any transaction within the TAP App or in any way associated with the TAP Services (“TAP Transaction”) you must make your own independent assessment as to whether it is appropriate to enter into the said TAP Transaction based upon your own judgment and upon such independent advice from such advisers as you consider necessary.
- It is an express term of every TAP Transaction you enter into that you are not relying upon any communication (written or oral) made by TAP as constituting advice about or a recommendation to enter into such TAP Transaction.
- Registration Process
- Subject to TAP’s identification and verification process which you must abide by, once your TAP Account has been activated you will be able to gain access to the TAP Services.
- You agree that any information submitted by you during the identification and verification process or as may otherwise be the case, is true and accurate, and that any cryptocurrency deposited by you in your TAP Account is your rightful possession and that any such cryptocurrency is from a legitimate source.
- TAP may require additional information from you for the purposes of verification. You agree to cooperate with all requests made by TAP or any of our third-party service providers on our behalf in connection with your TAP Account, to identify or authenticate your identity or validate your funding sources, proof of control of your crypto private address, or any TAP Transaction. This may include, but shall not be limited to, asking you for further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or verifying your information against third party databases or through other sources.
- We reserve the right to immediately close, suspend, or limit access to your TAP Account and/or the TAP Services in the event we are unable to obtain and verify such information or you do not comply with our reasonable requests.
- We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By entering into these Generally Applicable Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.
- You shall ensure the information on your TAP Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. A TAP Transaction limit may be set on your TAP Account, or if already set may be adjusted, while we verify your identity. We shall not be liable for any losses arising out of your failure to maintain up to date information.
- In order to access the TAP Services you will need to access the Accounts tab in the TAP App and select the relevant TAP Account.
- It is your sole responsibility to protect access to your TAP Account. While we may assist you, if it is reasonable, in restoring access to your TAP Account, TAP is not obliged in any way to restore any access to a TAP Account in any event, including in the case of theft or any loss of control of the means of access to the TAP Account. You agree that TAP is not liable for any damage or losses that are a result of such theft or any loss of control of your TAP Account other than through the fault or negligence of TAP.
- You agree to keep any passwords, PIN codes and all TAP Account access codes and information strictly confidential. TAP shall in no way be liable for access to or use of your TAP Account due to any disclosure of such access information by you or subsequently by any other person to who you provided such information.
- For the avoidance of doubt, protecting your TAP Account and any access
information with regards to the same includes, but is not limited to:
- logging out of your TAP Account every time you are not using it;
- keeping any device you use to gain access to your TAP Account safe and secure and locked with a secure password or other security mechanism and ensuring e-mail account(s) you use to communicate with us are also secure and only accessed by you;
- not writing down or telling anyone your TAP Account access information;
- changing your TAP Account access information regularly;
- if you receive any SMSs, emails, questionnaires, surveys, or other links that require you to provide your TAP Account access information, not providing your information and contacting us immediately at email@example.com;and
- if at any time you think that your TAP Account access information has been lost, stolen or any other person knows said information or anyone has access to your e-mail account or device you use to communicate with us, informing us immediately at firstname.lastname@example.org
- TAP Transactions and activity made within the TAP App may be processed by automated methods, and anyone who obtains access credentials to a TAP Account could use it to enter into transactions without your permission. If you notice misuse or unauthorised use of your TAP Account or any other activity that makes you suspicious, you must contact us immediately at email@example.com
- The balance in any TAP Account belongs to the person or legal entity which is registered as the respective TAP Account-holder. We recognise only the rights of the holder of the TAP Account. You cannot assign or transfer legal ownership of your TAP Account to anyone.
- Unauthorised Use
- If you believe that a TAP Transaction has been incorrectly executed or was not authorised by you, you must inform us as soon as possible via the TAP App or at firstname.lastname@example.org . Failure to notify us immediately on becoming aware or within the 2 months of the date of the unauthorised or incorrectly executed TAP Transaction may result in you losing your entitlement to have the matter corrected.
- Where it is established that a TAP Transaction was not authorised by you, or was incorrectly initiated or executed by us (provided we can prove such incorrect transaction has taken place) and you have notified us in a timely manner within 2 months of the date of the unauthorised TAP Transaction, we shall refund to you the full amount debited without authorisation, subject to you being liable in full for all losses incurred in respect of a TAP Transaction made by us which was not authorised by you if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with your obligations set out in Clause 4 (Security) or you have not notified us on time in accordance with Clause 5.1.
- PLEASE NOTE THAT ANY RESTRICTION ON YOUR LIABILITY IN RELATION TO AN UNAUTHORISED OR INCORRECTLY EXECUTED PAYMENT TRANSACTION AS MAY BE SET OUT IN APPLICABLE LAWS MAY NOT APPLY TO LOSSES IN RELATION TO VIRTUAL CURRENCY TRANSFERS.
- Closing your TAP Account
- Your TAP Account will be closed either following a request by you by providing a minimum of 1 (one) month notice in writing via the TAP Customer Services email@example.com or closure by TAP due to any other reasons as may arise in accordance with any TAP Terms and/or applicable law.
- You accept that after your TAP Account has been closed, TAP may store personal data about you, your TAP Account and any TAP Interaction for a period of five years or as otherwise required by applicable legislation.
- If your TAP Account holds a balance at the time of its closure, TAP may ask you to withdraw your funds within a reasonable period of time, during which your TAP Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your TAP Account but you may withdraw any remaining funds for a period of five years from the date of closure of your TAP Account by contacting TAP Customer Services firstname.lastname@example.org and requesting that the funds be sent to you either by a card refund or bank transfer. When your TAP Account is closed, any pending instructions will be cancelled.
- You may not close your TAP Account to evade an investigation. If you attempt to close your TAP Account while there is an ongoing investigation, TAP may freeze your TAP Account to protect any and all relevant parties, including but not limited to itself, its affiliates or a third party, against any liability.
- You will remain liable for any obligations related to your TAP Account even after it is closed.
- Without affecting the generality of this clause, and without prejudice to
any rights that have accrued under the TAP Terms or any rights or remedies
as may be applicable, we may at any time close your TAP Account and
terminate all applicable TAP Terms with immediate effect in the following
- You commit a material breach of any term of the TAP Terms and (if such breach is remediable) fail to remedy that breach within a period of 15 days after being notified in writing to do so;
- You repeatedly breach any of the terms of the TAP Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with having the intention or ability to give effect to the TAP Terms and the conditions set out therein;
- You are subject to a bankruptcy, insolvency, winding up or other similar event;
- The result of laws, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either TAP or yourself to perform or give effect to any obligations hereunder and such obligation cannot be readily severed from the TAP Terms;
- We are unable to verify your information in the manner set out in any applicable TAP Terms;
- You die;
- We have reason to believe that your use of the TAP Services damages, corrupts, degrades, destroys and/or otherwise adversely affects TAP, the TAP Services and/or the TAP App;
- There is a significant fluctuation (either positive or negative) in the aggregate number of transactions you enter into via your TAP Account;
- You have acted or omitted to act in any way which we reasonably determine to diminish TAP’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
- we are unable to provide the TAP Services to you through the inability of any third party to provide us with any goods and/or services that we require to provide the respective TAP Services to you.
- Other actions we may take if you have breached any terms of the TAP Terms
(including a breach of your obligation to pay us any amount owing) other
than TAP Account closure may be to:
- suspend your use of the TAP Services (in whole or in part) in which case we will not treat any order for a transaction that you may wish to make as being received by us;
- report any transaction or any other relevant information about you and your use of the TAP Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or
- if appropriate, seek damages from you.
- Notice and Communications
- You agree and consent to TAP sending electronic communications in connection with the TAP and the TAP Services. We will provide communications to you by making them available on the TAP App or by emailing them to you at the primary email address listed in your TAP Account profile (“Primary Email Address”). It is your duty to protect the access to this Primary Email Address. You agree that TAP is not liable for any damage or losses that are a result of any unauthorised use or any loss of control of the said Primary Email Address.
- You should and it is your responsibility to ensure that you log onto and regularly review the TAP App, the Website and your Primary Email Address and open and review communications that we deliver to you through those means. You are obligated to review your notices and TAP Transaction history, and to promptly report any questions, apparent errors, or unauthorised TAP Transactions or use of your TAP Account. Failure to contact us in a timely manner in accordance with the applicable TAP Terms may result in loss of funds and/or important rights.
- We may contact you from time to time to notify you of changes or information regarding your TAP Account. It is your responsibility to ensure you regularly check the TAP App and Primary Email Address and that your contact information stored on your profile in the TAP App is up to date. You may contact us in accordance with these terms via the TAP App or by email via our Customer Services email@example.com.
- Personal Data
- You understand and agree that we may collect Personal Data about how you and other TAP Account-holders interact with the TAP Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the TAP Services and for other legitimate business purposes. We collect transaction details related to your use of the TAP Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect personal data about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the personal data that we collect to facilitate interactions with the TAP Services, including sharing certain non-sensitive information about you with other TAP Account-holders.
- Without prejudice to any of the consents provided to us by you in these Generally Applicable Terms or other TAP Terms, you hereby irrevocably and unconditionally consent and authorise us to, at any time and at our absolute discretion, collect, use, process and store any and all of your personally identifiable information, credit or financial information provided to us, including your KYC Information, and to disclose any and all of your personally identifiable information, credit or financial information, including your KYC Information, to the Card Issuer and/or other TAP affiliates, financial institutions, debt collection agencies, credit bureaus, any credit reporting agency, or any other third party service providers of TAP and/or the Card Issuer for all purposes associated with our provision of services under applicable TAP Terms.
- TAP reserves the right to transmit the information or personal data about you as well as activity you undertake through your TAP Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether any TAP Terms and relevant legislation have been violated.
- By providing TAP with a telephone number (including a mobile telephone number), you agree to receive autodialled and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at TAP Account opening or adding a telephone number to your profile on your TAP Account.
- We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialling or pre-recorded messages, but we may share your phone numbers with the Card Issuer, our affiliates or with other service providers, such as billing or collections companies, who may contact you using autodialled or pre- recorded message calls or text messages.
- You understand and agree that TAP may, without further notice or warning and at our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with TAP or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with TAP may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by TAP, and TAP does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
- You agree that we can use your personal data in connection with your TAP Account, to enable us to review, develop and improve our products and services. This may involve providing your personal data to our partners, affiliates, agents, distributors and suppliers to process TAP Transactions and for their statistical research and analytical purposes. We may also disclose your personal data as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
- For information on the personal data that TAP collects and uses in respect of your TAP Account and your use of TAP Services, please see our Privacy, Data Use and Retention Policy www.tap.global/privacy.
- Intellectual Property
- The TAP App and the Website and all Intellectual Property Rights contained therein, including but not limited to any logos, content, product information etc. are the property of or licenced by TAP. You may not copy, imitate, reproduce, alter, or otherwise use in whole or in part any Intellectual Property found on the TAP App or the Website or any website linked from it without our prior written consent.
- Nothing in any TAP Terms grants you or any other person or entity any legal rights in the TAP App and/or the Website, other than as necessary to enable you to access the TAP App and/or Website. You agree not to adjust or try to circumvent or delete any notices contained on the TAP App and/or Website (including any Intellectual Property notices) and in particular any digital rights or other security embedded or contained within the TAP App and/or Website.
- You warrant that you are entitled to and have all necessary rights to the content, information or data submitted by you to the Website or TAP App.
- We reserve all of our rights in any Intellectual Property in connection with the TAP Terms. This means, for example, that TAP shall remain owner of them and shall be free to use them as TAP sees fit.
- Customer Support and Complaints
- We take complaints seriously. Should you wish to make a formal complaint about us, the services we provide, or your TAP Account, please refer to our Complaints Policy as found on the Website www.tap.global
- You may request, at any time during which any TAP Terms are in force, a copy of the respective TAP Terms and any of the information as applicable with respect to the GIBRALTAR FINANCIAL SERVICES (PAYMENT SERVICES) REGULATIONS 2018.
- Amendments to these Terms
- TAP may unilaterally amend any and all TAP Terms by giving you at least 1 (one) month notice in writing, either via the Website or TAP App or alternatively, TAP may send an email to your Primary Email Address as set out in your TAP Account at any given time. You agree that it is your responsibility to regularly check for amendments and to know and adhere to the most recent version of the TAP Terms as applicable to you.
- Any changes will be deemed to have been accepted by you where you do not, before the proposed date of the entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your notification will be deemed to be a notice that you wish to close your TAP Account and terminate any relevant TAP Terms on the date upon which the changes are to take effect.
- Your non-termination or continued use of any TAP Services after the effective date of any amendments, changes, or updates constitutes your acceptance of the TAP Terms, as modified by such amendments, changes, or updates.
- Where an amendment to the TAP Terms is required by law or relates to the addition of a new service, extra functionality to the existing TAP Service, a reduction in the cost of the TAP Services or any other change which neither reduces your rights nor increases your responsibilities, the amendment may be made without prior notice to you and shall be effective immediately.
- The TAP App, TAP Services and Website are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory.
- To the maximum extent permitted by applicable legislation, TAP disclaims any implied warranties of title, merchantability, fitness for a particular purposes and/or non-infringement for the Website and any and all of its components and the TAP App and any and all of its components.
- TAP, and its officers, directors, agents, employees and suppliers, make no representation or warranty of any kind whatsoever for the TAP Services or the content, materials, information and functions made accessible by the TAP Services used on or accessed through the TAP App and/or Website, or for any breach of security associated with the transmission of sensitive information through any TAP Interaction.
- TAP gives no warranty or guarantee as to the fitness for purpose of the TAP Services for your needs.
- TAP does not guarantee any particular uptime or availability of the Website and does not warrant that the Website and/or TAP Services will be uninterrupted or error free. TAP shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of TAP Transactions or the TAP Services.
- TAP does not have any control over the products or services that are purchased using the TAP Services. TAP is not responsible for and specifically disclaims any liability for the quality, performance, or any consequential results of the products and/or services purchased using the TAP Services.
- Suspending the TAP Services
- We reserve the right to change, suspend or discontinue any aspect of the TAP Services at any time, including hours of operation or availability of the TAP Services or any TAP Services feature, without notice and without liability.
- Prohibited Activities
- You shall not engage in the following activities (the "Prohibited Activities"):
- Register more than one (1) TAP Account, unless explicitly allowed by TAP in writing;
- Register a TAP Account if you have had a previous TAP Account closed by TAP, unless explicitly allowed by TAP in writing;
- Initiate or in any way participate in any attempts to manipulate or in any way subvert the rights or obligations of TAP, any other TAP Account holder or any third party;
- Initiate or in any way participate in any attempts to gain unauthorized access to any part of the Website or any part of the TAP App, or in any way impair the security, functionality or performance of the Website or the TAP App or TAP Services;
- Infringe TAP’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, libellous, threatening or harassing with respect to your TAP Interaction;
- Harass TAP employees, agents, or other TAP Account holders;
- Provide TAP with false, inaccurate or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to TAP;
- use the TAP Services in manners contrary to applicable laws.
- Suspension or Termination of your TAP Account
- TAP has the right to limit, suspend and/or terminate a TAP Account, access to any TAP Account, and use of any TAP Services and/or the Website with no prior notice, including in connection to any activity deemed suspicious or fraudulent, or in any way directly or indirectly contrary to these Generally Applicable Terms, any other applicable TAP Terms and in particular with respect to the Prohibited Activities.
- If TAP, in its sole discretion, believes that you may have breached the provisions of any TAP Terms and in particular the Prohibited Activities, we may take action to protect ourselves, other TAP Account holders and any third parties. In doing so we may for example contact other TAP Account holders or third parties who may have transacted with you, contact any law enforcement or other relevant agencies and authorities, take legal action against you, and/or restrict your TAP Interaction.
- In the case of termination or cancellation of your TAP Account, any Account Balance, after any liquidation and deducting any applicable fees, will be available for withdrawal by you, unless TAP reasonably decides otherwise, for example due to any requirements of law enforcement authorities or court processes.
- TAP will not be liable for any losses that may occur due to the suspension of a TAP Account. TAP may apply any appropriate sanction for engaging in Prohibited Activities, including freezing of any assets held in your TAP Account and making a report to law enforcement and other authorities, and confiscation of any amounts held in your TAP Account should this be required by law or the relevant authorities.
- Where possible, TAP will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
- TAP’s Right to Set-Off
- On the happening of any event which entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers), we shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any TAP Transaction or otherwise. You shall have no similar right of set-off. For the avoidance of doubt, this includes if one of the currency balances in your TAP Account shows that you owe us an amount of funds for any reason or has a negative balance, TAP may set-off the amount you owe us by using funds you maintain in that currency or in a different currency balance or by deducting amounts you owe us from money you receive into your TAP Account, or money you attempt to withdraw or send from your TAP Account, or in a different TAP Account which you control and by deducting funds from any withdrawals you attempt to make.
- If the amount owed to us is in a currency which is different to the Cryptocurrency you hold with us, we shall convert the amount you hold with us to the currency of the amount you owe us by applying our Exchange Rates. We do not need to notify you of this conversion occurring.
- Any liability arising out of a breach of these Generally Applicable Terms or any other applicable TAP Terms, will be limited to any loss or damage that is a reasonably foreseeable consequence of such breach and which arises directly from the actions of the defaulting party.
- To the extent permitted by applicable law, TAP is not liable or responsible,
and you agree not to hold it liable or responsible, for any damages or
losses (including, but not limited to, loss of any virtual currency,
goodwill, reputation, profits, business opportunity, or other intangible
losses or any special, indirect, or consequential damages) resulting
directly or indirectly from the use of the TAP Services, howsoever arising,
including but not limited to:
- your inability to use the TAP Services for whatever reason;
- delays or disruptions in the TAP Services;
- viruses or other malicious software obtained by accessing the TAP App, Website or any associated site or service;
- glitches, bugs, errors, or inaccuracies of any kind in the TAP Services;
- actions or inactions of third parties;
- a suspension or other action taken with respect to your TAP Account; or
- illegal actions and operations of third persons.
- Neither TAP nor its officers, authorised representatives or associated entities or persons, is liable for delay or failure in meeting their respective obligations including any withdrawal requests due to any cause outside of its reasonable control, including Force Majeure Events such as but not limited to: any action or inaction by you or any third party; acts of God; war; riots; government intervention; natural disasters; any market movements, volatility or crash; any technological failure, including the failure within the virtual currency ecosystem; any infrastructure failure, including computer, server or network failures beyond our reasonable control; security breaches; acts or omissions of third parties; and any other events that cannot reasonably be foreseen or provided against.
- TAP uses industry standard techniques in the protection of its Website, the TAP App and its TAP Services to keep them free from viruses and attacks but we cannot guarantee that either will be free from viruses or other malicious software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programs, data or other proprietary material due to your use of our Website, the TAP App or TAP Services or to your downloading of any content on it, or on any website linked to it.
- We will have no liability for not displaying on the Website or TAP App, for withdrawing or for not enacting a request to obtain or limit exposure which you submit to us.
- Some jurisdictions do not allow certain warranty disclaimers or limitations
on liability. Only disclaimers or limitations that are lawful under
applicable legislation will apply to you. Subject to the foregoing, our
liability will be limited to the maximum extent permitted by applicable laws
and in no event will TAP , its officers, employees, licensors, partners,
service providers or subcontractors (if any) be liable for any indirect,
special, incidental, punitive or consequential damages (including, without
limitation to lost profits, loss of use, loss of data or loss of goodwill),
arising out of or in connection with any TAP terms or any terms referenced
in them, or the performance or the operation of the TAP Services, whether
such liability arises from any claim based upon breach of contract, breach
of warranty (including negligence), product liability or otherwise, and
whether or not the respective persons have been advised of the possibility
of such damages, in respect of but not limited to:
- Your access to, display, and use of the TAP Services, or for any delay or inability to access, display or use the TAP Services;
- The conveyance of any computer viruses, information, software, linked sites, products or services obtained through the TAP Services; or
- The act or omission of any business using TAP Services or other third party;
- Any acts or omissions, whether liability is determined in respect of such third parties or not, or any cryptocurrency custodian or card issuer;
- Any non-execution or defective execution in relation to a TAP Transaction whether a virtual currency or TAP bank transfer that we have made in accordance with a unique identifier given to us by you which proves to be incorrect;
- Any delay or failure to perform our obligations under applicable TAP Terms (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction by you or any third party, any force majeure event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of God or any abnormal or unforeseeable circumstances;
- Delays or disruptions in the TAP Services; Viruses or other malicious software obtained by accessing the Website or any associated site or service; glitches, bugs, errors, or inaccuracies of any kind in the TAP Services; virus, distributed-denial-of-service attack, or other technologically harmful material that infects your computer equipment, computer programmes, data, or other proprietary material due to your use of our Website or TAP App or due to your downloading of any content on it, or on any website linked to it;
- The content, actions, or inactions of third parties;
- A suspension or other action taken with respect to your TAP Account;
- Your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to any TAP Terms or TAP Policies;
- Illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;
- Any loss you incur resulting from your use of the TAP Card which shall be the sole responsibility of the Card Issuer and subject to the Card Issuer terms as applicable - www.tap.global/cardterms;
- Any losses as a result of a requirement imposed on us by new laws or regulations or our obligations under the laws of any jurisdiction;
- Any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example delays or failures caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of State of Government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under the Terms;
- Your use of or inability to use your TAP Card(s), the corresponding Accounts and/or the TAP App, which are incurred as a result of or in connection with any failed, missed, delayed, or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing, loading and/or transfer of money between you and the Card Issuer as the loading channel;
- 1Any unauthorised access to, disclosure of, wrongful or fraudulent use of your TAP Card(s), TAP Account, TAP App, Personal Data, pin and password to the extent not attributable to any negligent or fraudulent acts or omissions on the part of TAP;
- Any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of applicable laws by, any other party (including you and the Card Issuer);
- Our acting reasonably in accordance with your instructions;
- Any loss suffered by you or any third party due to matters outside our control (including, but not limited to, non-delivery of mail, machine failure, system failure, strikes, failure of an ATM or communication linkage failure);
- Any losses which arise where you have acted negligently or have acted fraudulently, either alone or together with any other person(s);
- Any losses incurred by you as a result of the TAP Card Terms or Card Issuer Terms;
- Subject to the foregoing, TAP’s liability to you under any TAP Terms shall be limited to the Fees paid by you to Tap in the 3 months preceding the breach claimed.
- Nothing in any TAP Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.
- You remain liable under any and all applicable TAP Terms in respect of:
- all liabilities, financial or otherwise, TAP, a TAP Account-holder, or a third party caused by or arising out of your breach of any TAP Terms, your use of the TAP Services, and any use of your TAP Account. You agree to reimburse the Card Issuer, TAP, a TAP Account-holder, or a third party for any and all such liability, to the extent not prohibited by applicable law;
- all charges and other amounts incurred through the use of your TAP Account at any time, irrespective of termination, suspension or closure; and
- complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the TAP App, the Website and/or TAP Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. TAP shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applying to you.
- TAP may, at its sole discretion, terminate any TAP Terms at any time, by giving you (30) thirty days’ notice. The termination of any TAP Terms will not affect any of our rights or your obligations arising under the said TAP Terms.
- Termination of TAP Terms may require the closing of your TAP Account. We will deal with your remaining balance in accordance with these Generally Applicable Terms.
- Any terms which by their nature should survive, will survive the termination of the respective TAP Terms.
- Either Party may, in its sole discretion, terminate any applicable TAP Terms
with immediate effect any time without prejudice to any rights that have
accrued under applicable TAP Terms, or any party’s other rights or remedies
- the other party commits a material breach of any TAP Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
- the other party repeatedly breaches any of the TAP Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of the TAP Terms;
- the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or
- the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from the TAP Terms.
- Without prejudice to any rights that have accrued under applicable TAP Terms
or any of the party’s rights or remedies, TAP may at any time terminate any
TAP Terms with immediate effect by giving written notice to you if:
- we are unable to verify your information in the manner set out in the TAP Terms;
- you die;
- we have reason to believe that your use of the TAP Services damages, corrupts, degrades, destroys and/or otherwise adversely affects any TAP Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
- there is a significant fluctuation (either positive or negative) in the aggregate number of TAP Transactions you enter into;
- you have acted or omitted to act in any way which we reasonably determine to diminish TAP’s or the Card Issuer’s business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
- we are unable to provide the TAP Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the TAP Services to you.
- If you have breached any TAP Terms (including a breach of your obligation to
pay us any amount owing), we are otherwise entitled to terminate these or
any other TAP Terms, or we may:
- suspend your use of the TAP Services (in whole or in part) in which case we will not treat any order for a TAP Transaction that you may wish to make as being received by us;
- report any TAP Transaction or any other relevant information about you and your use of the TAP Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or
- if appropriate, seek damages from you.
- Termination of these Generally Applicable Terms requires the closing of your TAP Account and the termination of all TAP Services, TAP Cards and the associated TAP Terms. TAP will, in conjunction with the Card Issuer, deal with your remaining balance in accordance with the relevant TAP Terms, which for the avoidance of doubt shall include the Card Issuer Terms.
- Any terms which by their nature should survive, will survive the termination of these Generally Applicable Terms or other TAP Terms, as may be applicable.
- Confiscation and Refund of Balances
- TAP may at its sole discretion terminate access to and/or confiscate any funds held in a TAP Account indefinitely without prior notice to the TAP Account-holder. TAP is not obligated to and may be prevented from disclosing the reasons for such TAP Account limitation(s) by applicable law.
- Unless we are prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency, in terminating your TAP Account we may transfer the funds back to their source. Notwithstanding the foregoing or any other provision contained in any applicable TAP Terms, TAP reserves the right to not to refund your account balance, whether in whole or in part, or to restrict access to your account balance in accordance with applicable law if we reasonably believe that you have not acted in accordance with any TAP Terms or that you have acted unlawfully, or where we are prohibited from allowing you access to your TAP Account by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.
- Taxation Liabilities
- It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your TAP Transactions, or for collecting, reporting or remitting any taxes arising from any TAP Transactions.
- It is your responsibility to comply with any and all applicable tax laws in connection with your use of the TAP Services, including without limitation, the reporting and payment of any taxes arising in connection with profits made through use of the TAP Services.
- In certain circumstances, we may need to comply with foreign tax laws where you use your TAP Services, including but not limited to your TAP Card, abroad. You hereby agree to comply with any and all applicable tax laws in connection with your use of the TAP Services, including without limitation, the reporting and payment of any taxes arising in connection with TAP Transactions made through the TAP Services.
- In order to use other functions of the TAP Services, you may be requested to accept other terms and conditions, either with TAP or with a third party. By opening a TAP Account you agree to this.
- You and TAP agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one TAP Account-holder cannot and may not affect any other TAP Account-holders.
- These Generally Applicable Terms, and unless explicitly stated otherwise, all other TAP Terms, do not intend to confer any benefit on any third party. Only the TAP Account-holder shall have any rights to enforce any of these terms against TAP.
- You may not transfer or assign or sell any rights or obligations you have under any TAP Terms or otherwise grant any third party a legal or equitable interest over your TAP Account without TAP’s prior written consent. TAP reserves the right to transfer or assign any and all TAP Terms or any right or obligation under the same at any time.
- If we fail to enforce any of our rights under any TAP Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
- We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing.
- Both the Card Issuer and TAP have the right to change any of their third-party service providers, including without limitation the Card Issuer and processer, with or without notice.
- TAP reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of any TAP Terms.
- Unless stated otherwise in any TAP Terms, if any provision of the TAP Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the extent possible.
- Foreign currency exchange rates are subject to fluctuations outside our control. Past movements or trends in the movement of foreign currency exchange rates should not be taken as an indicator of future movements in such exchange rates.
- Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
- A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- Any applicable Schedules form part of these Generally Applicable Terms and shall have effect as if set out in full in the body of these Generally Applicable Terms. Any reference to these terms includes the Schedules.
- A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
- Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular and a reference to one gender shall include a reference to the other genders.
- These Generally Applicable Terms and any other applicable TAP Terms shall be binding on, and ensure to the benefit of, the parties to the relevant TAP Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
- A reference to writing or written includes email, notifications made via the Website and the TAP App.
- Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
- Any reference to a legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than Gibraltar, be deemed to include a reference to that which most nearly approximates to the equivalent legal term in that jurisdiction.
- A reference to any TAP Terms or to any other agreement or document referred to in any TAP Terms is a reference to the said TAP Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of applicable TAP Terms) from time to time.
- References to Clauses are to the Clauses of the respective TAP Terms and unless otherwise stated are to Clauses within the Section in which the reference appears. References to paragraphs are also to paragraphs of the relevant Section.
- References to Schedules are to the Schedules of the respective TAP Terms and references to paragraphs are to paragraphs of the relevant Schedule.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Supplements to these Generally Applicable Terms are an integral part of these terms, under which you and TAP agree on usage of specific TAP Services as defined in the supplements.
- The definitions set out within this document and below apply to these Generally Applicable Terms, and unless explicitly stated otherwise, to all other TAP Terms.
You agree to defend, reimburse and/or compensate TAP and any associated entities, third party providers, employees, agents, or persons who are authorised to act on our behalf, and their respective directors, shareholders, officers, employees or agents, and hold them harmless against any action, including legal action, claim, demand, loss, liability, expense, cost and fee, including attorney fees, arising directly, indirectly or in any connection from the use of the Website, the TAP App or any TAP Services or due to or arising out of your breach of any applicable TAP Terms or legislation.
These Generally Applicable Terms, and all other TAP Terms unless specifically stated otherwise therein, shall be governed by the laws of Gibraltar and any claim or dispute under the same shall be subject to the exclusive jurisdiction of the local courts of Gibraltar. For the avoidance of doubt these Generally Applicable Terms do not include any alternative dispute resolution procedures as a means of disputing or issuing any claims in relation to these Generally Applicable Terms.
Card Issuer Transact Payments Limited, a company incorporated in Gibraltar with registered address 6.20 World Trade Center, 6 Bayside Road, Gibraltar, GX11 1AA having company registration number 108217, and authorised by the Gibraltar Financial Services Commission as an electronic money institution
Intellectual Property means patents, rights to inventions, copyright and related rights,
trademarks and service marks (whether registered or not), business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, styles of presentation of goods and services rights in computer software, database rights, rights to use, know-how, utility model, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and
rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
Personal Data The registered personal identity details relating to the use of
Primary Email Address The primary email address listed in your TAP Account profile as
provided by you
Prohibited Activities As defined at clause 14 of these Generally Applicable Terms TAP Tap N Go Limited is a company registered in Gibraltar with
registration number 117687
TAP Account Your Account with TAP which is subject to these Generally
Applicable Terms and any other applicable TAP Terms
TAP App TAP’s mobile application via which TAP Account holders can manage and access their TAP Account and information and apply for TAP Services
TAP Card Any prepaid TAP Card issued to you in response to registration of your TAP Account and application for a physical card
TAP Card Terms Separate TAP Terms relating to TAP Cards
TAP Customer Services The contact centre for dealing with queries about your TAP
Services. You can contact Customer Services by:
- Calling the number as provided on our Website (your network provider may charge a fee for calling this number);
- e-mailing firstname.lastname@example.org from the email address registered to your TAP Account; or
- writing to: Tap N Go Ltd, Suite 9, 4 Giro’s Passage,
Gibraltar, GX11 1AA
TAP Cryptocurrency Terms Separate TAP Terms relating to TAP cryptocurrency services TAP Interaction Using TAP Services in any way
TAP Policies As defined at clause 1.3 of these Generally Applicable Terms TAP Services As defined at clause 1.2 of these Generally Applicable Terms TAP Terms These Generally Applicable Terms, Tap Policies and any other
terms as may be applicable to the specific TAP Services being contracted
TAP Transaction Any transaction within the TAP App or in any way associated with
the TAP Services
we, us or our TAP
you or your You, the person who has entered into these TAP Generally
Applicable Terms with us by virtue of your application for a TAP Account and any other person you have authorised to use your TAP Account in accordance with the TAP Terms.