TERMS OF USE

Last Updated: 16 April 2023

Welcome to Tap Door! These Terms of Use ("Terms") govern your use of Tap Door's website, mobile applications, and other products and services ("Services"). By using our Services, you agree to these Terms, as well as our Privacy Policy and other policies referenced herein. Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations. If you do not agree to these Terms, you may not use our Services.

Accepting the Terms

Upon accepting these Terms, you confirm that you are at least 18 years of age and have the legal capacity to enter into this agreement. It is important to note that your use of Tap Door’s Services is at your own risk and that Tap Door shall not be held liable for any harm, loss, or damage that may arise from your use of our Services.

Furthermore, you agree to comply with all applicable laws and regulations when using our Services, including but not limited to consumer protection, intellectual property, and privacy laws. You acknowledge and agree that Tap Door may terminate or suspend your access to our Services at any time, without prior notice and without liability to you, if you violate these Terms or any applicable laws or regulations.

By using our Services, you consent to receiving electronic communications from Tap Door, including emails, notifications, and messages from other users. Moreover, you acknowledge and agree that Tap Door may use your personal information in accordance with our Privacy Policy.

These Terms constitute the entire agreement between you and Tap Door regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral. In the event that any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

It is important to note that these Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. In the event of any disputes arising under these Terms, they shall be resolved through binding individual arbitration as set forth in these Terms.

Privacy

At Tap Door, we understand that your privacy is of utmost importance to you. As such, we are committed to protecting your personal information and ensuring that it is processed in accordance with applicable laws and regulations. We collect and use your personal information in accordance with our Privacy Policy, which is an integral part of these Terms.

By using our Services, you acknowledge and agree that both Tap Door and vendors will process customers' personal information, such as buyer names, email addresses, and delivery addresses. As separate and independent data controllers of buyers' personal information under EU law, each party is responsible for the personal information it processes in providing the Services.

If a vendor accidentally discloses a buyer's personal information, such as name and email address, when fulfilling another buyer's orders, the vendor, not Tap Door, will be responsible for that unauthorised disclosure. In the event that Tap Door and vendors are found to be joint data controllers of buyers' personal information, and if Tap Door is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Tap Door for the expenses it incurs in connection with your processing of buyer personal information.

Tap Door will only use your personal information for the purposes set out in our Privacy Policy, including providing our Services to you, improving our Services, and marketing our Services to you. We may also share your personal information with vendors to the extent necessary to provide the Services to you. However, we will not sell or rent your personal information to third parties without your consent, except as required by law or as necessary to provide the Services to you.

By using our Services, you consent to the collection, use, and sharing of your personal information in accordance with our Privacy Policy. We take the protection of your personal information seriously, and we encourage you to review our Privacy Policy to understand how we collect, use, and protect your personal information.

Your Account on Tap Door

When using Tap Door's Services, you may need to create an account with us to access certain features. However, to do so, you must confirm that you are at least 18 years old and have the legal capacity to enter into this agreement. It's important to note that minors under the age of 18 are not permitted to use our Services, even with the appropriate permission and under the direct supervision of a parent or legal guardian. If you're sharing an account with others, the person whose financial information is on the account will be responsible for all account activity, and you are responsible for any activity on your account. If you're registering as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of the business.

When creating an account with Tap Door, you must provide accurate and complete information about yourself. Using false information or impersonating someone else is prohibited, and it's important to keep your account password secure. If you suspect any unauthorised activity on your account, you should notify Tap Door immediately.

It's also important to note that these Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Tap Door. Additionally, your account is not transferable.

Tap Door reserves the right to suspend or terminate your account at any time, without prior notice and without liability to you, if you violate these Terms or engage in any fraudulent or illegal activity on our Services. You may also choose to deactivate your Tap Door account at any time by contacting us at support@tapdoor.com.

Your Content on Tap Door

When you post content using Tap Door's Services, including shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, and any other content, it remains your property, and Tap Door does not claim ownership of it. You are solely responsible for any content that you post using the Services, and by posting content, you represent that you have all necessary rights to it, and that you are not infringing on any third-party rights.

When you post content through Tap Door's Services, you grant Tap Door a licence to use it. This licence enables us to promote Tap Door, your Tap Door shop, or the Services in general, as well as to help Tap Door function and grow. You acknowledge and agree that Tap Door may offer you or Tap Door buyers promotions on the site that may relate to your listings. By posting content, you grant Tap Door a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This licence allows us to provide the Services and to promote Tap Door, your Tap Door shop, or the Services in general, in any formats and through any channels, including across any Tap Door Services, our partners, or third-party websites or advertising media.

Tap Door respects intellectual property rights and is committed to removing infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If your content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.

By posting content on Tap Door's Services, you agree that you will not post any inappropriate, false, or misleading content. This includes content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or that violates our Prohibited Items policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false or misleading, or that uses the Services in a fraudulent or deceptive manner.

Your Use of Tap Door Services

When you use Tap Door’s Services, you are granted a limited, non-exclusive, non-transferable, and revocable licence to use them, subject to the terms and restrictions set forth in these Terms. You agree to comply with all applicable laws in connection with your use of the Services, including obtaining any necessary permits and licences and not engaging in unlawful activities. As the user of the Services, you are responsible for paying all fees owed to Tap Door and for collecting and/or paying applicable taxes. Tap Door will collect and remit VAT and local sales taxes as outlined in our Fees and Payment Policy.

You agree not to crawl, scrape, spider, or reverse engineer any page of the Services, interfere with or disrupt the Services, or use our trademarks without following our Trademark Policy. Any ideas or materials you submit to Tap Door (not including Your Content or items you sell) are non-confidential and non-proprietary, and you grant us a licence to use them for any purpose without compensation to you.

By using our Services, you agree to receive legal information electronically, which is the same as your signature on paper.

Termination

Upon termination of your account with Tap Door, all licences and other rights granted to you in these Terms will immediately cease, and you must stop using the Services and any Tap Door Content. This includes deleting or destroying any Tap Door Content or other materials obtained through the Services or otherwise in your possession or control, including copies stored on computers or other devices. Additionally, Tap Door reserves the right to refuse service to anyone for any reason at any time. In the event that Tap Door terminates your account without cause, we will refund a prorated portion of any prepaid fees. However, Tap Door will not refund or reimburse any fees or charges you have paid or owe if we terminate your account for cause, such as for a violation of our Terms.

It is important to note that the provisions of these Terms that, by their nature, should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Therefore, upon termination of your account, you will still be bound by these provisions. Additionally, Tap Door recommends that you retrieve or transfer any important data or information from your account before termination.

Warranties and Limitations of Liabilities

Tap Door strives to make sure that the information, content, products, services, or materials available through the Services are accurate, complete, reliable, and available to you. However, we cannot guarantee their accuracy, completeness, reliability, or availability, and you use such information, content, products, services, or materials at your own risk.

You agree to defend, indemnify, and hold harmless Tap Door, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Tap Door content, (iii) your breach of these Terms, or (iv) your violation of any law or the rights of any third party.

You acknowledge and agree that the above disclaimers and limitations of liability are fundamental elements of these Terms and the Services would not be provided to you without such limitations.

However, some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. Nevertheless, in such a case, the exclusions and limitations will apply to the fullest extent permitted by applicable law.

Indemnification

By using our Services, you agree to defend, indemnify, and hold Tap Door, its employees, and directors harmless from any legal claim or demand made by a third party arising out of your actions, use (or misuse) of our Services, breach of the Terms, or infringement of someone else's rights by you or your account. This includes any reasonable solicitors' fees. If Tap Door gets sued because of something that you did, you agree to cooperate with us in our legal defence. We reserve the right to handle our legal defence as we see fit, even if you are indemnifying us.

Disputes with Other Users

When using Tap Door's website, mobile applications, and other products and services ("Services"), we encourage you to resolve any disputes amicably by directly contacting the other party involved. If a dispute arises related to a transaction on Tap Door's website or mobile apps and cannot be resolved between the parties involved, buyers and sellers may request Tap Door's assistance in seeking resolution. Tap Door will attempt to resolve disputes in good faith based on our policies and at our sole discretion. However, Tap Door will not make legal judgments or decisions regarding claims and has no obligation to resolve any disputes. By using our Services, you release Tap Door from any claims, demands, and damages arising out of or in connection with disputes with other users or third parties.

Governing Law

The Laws of England and Wales govern these Terms, and they are applicable worldwide. However, if you reside outside of the United Kingdom, you may be entitled to mandatory consumer protection provisions under your local consumer protection law.

Dispute Resolution

Any disputes or claims that arise from or are related to these Terms shall be resolved through binding arbitration in accordance with the Arbitration Rules of the United Kingdom. The arbitration shall be conducted in the English language. The decision made by the arbitrator will be final and binding. Both you and Tap Door agree to waive any right to a trial by jury.

Changes to Terms of Use

At Tap Door, we may update or modify these Terms of Use from time to time to ensure that they accurately reflect our practices and policies. If we make material changes to these Terms, we will notify you by posting the updated Terms on the Services or by sending you an email or message about the changes. We encourage you to review any changes we make to these Terms carefully and become familiar with them. By continuing to use the Services after any changes are posted, you indicate your acceptance of the updated Terms. Any changes to these Terms of Use will become effective immediately upon posting, unless otherwise specified. It is your responsibility to check this page periodically for updates and modifications to ensure that you are aware of any changes to these Terms of Use.

Agreement Superseding and Enforcement

These Terms of Use, along with any policies incorporated herein, constitute the complete agreement between Tap Door and you, superseding any prior agreements or understandings, whether written or oral, regarding the Services. If any portion of the Terms is found to be unenforceable, that portion shall be limited to the minimum extent necessary for the Terms to remain in full force and effect. Failure by Tap Door to enforce any part of the Terms shall not waive our right to enforce that or any other part of the Terms at a later time.

Tap Door reserves the right to assign any of its rights and obligations under the Terms to any third party without your consent. Any changes to the Terms will be effective immediately upon posting unless otherwise specified. It is your responsibility to review and become familiar with any changes to these Terms of Use. Your continued use of the Services after the posting of any changes to these Terms of Use constitutes your acceptance of such changes.

Contact Information

If you have any questions about the Terms, please email legal@tapdoor.com.