Terms of Service

Tapp Market Terms of Service

Effective as of September 2016

Terms & Conditions of Sale

1. General

Welcome to the Tapp Market, a mobile marketplace service, operated by Tapp Commerce Oy, PT. Tapp Digital Nusantara, TappCommerce Philippines Inc. (hereinafter “Tapp”).

These terms of service (“Terms of Service”) govern your use of the Tapp Market mobile platform and service, accessed through the Tapp Market Mobile App, a website at https://tappmarket.com or similar web sites, associated links and/or any other online communication method or offline software components, made available by Tapp for the purchase of products (collectively hereinafter referred to as “Service”). The products made available for sale through the Service (“Products”) are manufactured by third party manufacturers (“Product Manufacturer”). The Service also includes updates and upgrades as well as accompanying manual(s), other written, files, electronic or online materials, documentation and user interfaces, and any and all copies of such software and its materials.

By accessing and using the Service you accept and undertake to be bound by these Terms of Service. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE SERVICE.

By accessing the Service, you affirm that you are of full legal age and are capable of entering into binding agreements such as this one.

If you use the Service on behalf of your employer, customer, company or other third party, you warrant that you are entitled to act on behalf of such entity.

Terms and conditions related to privacy and protection of your personal information are governed by Tapp’s Privacy Policy (hereinafter referred to as “Privacy Policy”), which is incorporated into these Terms of Service by reference. You hereby confirm that you have read and accept the Privacy Policy and consent to our collection, use and disclosure of information related to you, including but not limited to,  your e-mail address, billing address, shipping address, phone number and credit card information (“Personal Data”) for the purposes as set out in the Privacy Policy.

Sales of Products through the Service are subject to the Terms and Conditions of Sale (found down in this text).

Tapp is entitled, at its sole discretion, to amend these Terms of Service, the Privacy Policy and the Terms and Conditions of Sale at any time. Tapp will notify you of any changes Tapp considers material through the notification methods described in these Terms of Service. Your continued use of the Service after such notice shall be deemed as acceptance of any changes.

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of the jurisdiction where the service is available, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves, to the extent possible, the original purpose and commercial goal of the invalid provision.

These Terms of Service shall constitute the entire agreement between you and Tapp and replace any previous conversations and/or correspondence regarding the Services.

2. Access to the Service and Restrictions

Subject to your acceptance of and compliance with these Terms of Service, Tapp grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to use the Service solely for the purpose of the sale and purchase of Products through the Service as described herein.

Except as specifically allowed in these Terms of Service, you are not entitled to use, copy, reproduce, republish, store, modify, transfer, display, encode, transmit, distribute, lease, license, sell, rent, lend, convey, upload or otherwise transfer, assign or make publicly available your account, the Service, a part thereof or the material contained therein in any way. You are not entitled to adapt, translate, reverse engineer, decompile, disassemble or attempt to discover the source code, underlying ideas, algorithms, methods, techniques, file formats or programming interfaces of, or create derivative works from the Service or any part thereof, except to the extent expressly permitted herein or under applicable law. You are not entitled to remove, modify, hide, obscure, disable or modify any copyright, trademark or other proprietary rights notices, marks, labels or any other branding elements contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material, or misrepresent the source of ownership of the Services.

Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you otherwise use the Services in breach of the terms of these Terms of Service.

You promise that the information you provide or provided in connection with registration to, and use of the Services is true, accurate and complete. The use of the Service requires a username and a personal password or other user identification method approved by Tapp, typically involving a mobile phone number, e-mail address, or some other identifier (hereinafter referred to as “User ID”). Tapp shall be entitled to choose, accept and/or change from time to time the User Id assigned to you without giving any reason or prior notice and shall not be liable or responsible for any losses suffered in connection with such action.

You must keep the password required for the use of the Service secret and not disclose it to anyone else. You may not assign or transfer your User ID to a third party and you may not allow a third party use the Service with your User ID. If a third party has obtained your password or you have a reason to believe that a third party has obtained your password, you must immediately inform Tapp. You are responsible for actions taken by using your User Id until you have informed Tapp of the loss of the password and Tapp has had a reasonable time to prevent the use of the Service with the User Id.

Tapp reserves the right to terminate your use of the Services and/or disable your User ID. We may bar access to the Services (or any part thereof) for any reason whatsoever, including but not limited to a breach of any of these Terms of Service or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the Services.

No devices or connections necessary for the use of the Service are provided subject to these Terms of Service. You are responsible for purchasing, maintaining and updating such devices and connections (including data security) and for any costs related thereto.

3. Intellectual property and right to material

Tapp or its licensors shall own all rights, title and interest in and to the Service as well as any material in or provided through the Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights (hereinafter referred to as “Intellectual Property Rights”). You shall not receive any ownership rights by using the Service or for example by downloading material from or submitting material to the Service. Unless expressly authorized by mandatory legislation, the Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Tapp. All rights not expressly granted to you herein are reserved by Tapp.

Tapp and its partners shall have the right (but no obligation) to use any material, data, feedback, ideas or any other information provided by you to, through or for the Service (including any numerical, video or other data or features created in the Service) (hereinafter referred to as “Individual Material”). You grant Tapp and its partners an unlimited, worldwide, perpetual, irrevocable royalty-free right and license to use, copy, amend, modify, translate, further develop, make derivative works and publish, display (publicly or otherwise), distribute, disclose, sell, resell, sublicense, perform, transmit, make available and communicate to the public and otherwise exploit in any manner whatsoever any such Individual Material or parts thereof in connection with the Service or the marketing thereof. The privacy and protection of your personal information shall, however, remain subject to the Privacy Policy.

4. Use of the Service and third party services

The Service may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the use of the Service. Further, you agree not to:

use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other parts of the Service;

use the Service for any commercial or other purposes that are not expressly permitted by these Terms of Service;

copy, store or otherwise access any information contained in the Service for purposes not expressly permitted by these Terms of Service;

infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers. You are, however allowed to post reviews and share information about Sellers and Products as permitted in the Service;

use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to the Service;

“stalk” or harass or contact any other Service user, or collect or store any personally identifiable information about any other user other than for purposes of transacting with such user;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information from or otherwise interact with the Service;

post, upload, publish, submit or transmit any material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or and would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other information from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Service, or any individual element thereof, Tapp’s name, any Tapp trademark, logo or other proprietary information, or the layout and design of any page or form contained on the Service, without Tapp’s express written consent;

access, tamper with, or use non-public areas of the Service, Tapp’s IT systems, or the technical delivery systems of Tapp’s service providers;

attempt to probe, scan, or test the vulnerability of any Tapp IT systems or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Tapp or any of Tapp’s service providers or any other third party (including another user) to protect the Service;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

advocate, encourage, or assist any third party in doing any of the foregoing.

Tapp has the right to investigate and prosecute violations of any of the above to the fullest extent permitted by the law.

Tapp may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Tapp or to comply with legal process, (ii) enforce or administer our contracts  with Service users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Tapp , Service users, or members of the public .

You acknowledge that Tapp has no obligation to monitor your access to or use of the Service or to review or edit any material submitted by you or others, but has the right to do so for the purpose of operating and improving the Service, to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is objectionable or as set forth in these Terms of Service. You may report suspected copyright infringements to Tapp using email address info@tappcommerce.com .

Tapp reserves the right, at any time and without prior notice, to remove or disable access to any content that Tapp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Service.

The Service may contain applications and links to sites, which are owned or operated by third parties. Tapp shall not be responsible for the content or for products or services offered by third parties. You are also aware that the individual applications or other material contained in the Service may include supplementary terms and conditions.

5. Provision of the Service

Tapp has the right to provide the Service as it deems appropriate including the right to amend the Service. If such changes necessitate changes in your devices, you shall make such changes at your own expense. Tapp aims to notify you of any substantial changes, that materially affect the use of the Service, a reasonable time in advance, but are under no obligation to do so.

Tapp may suspend the Service where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. Tapp aims to ensure that the suspension is as short as possible. Tapp has the right to terminate the Service, parts of the Service or certain features of the Service at its sole discretion. Tapp aims to notify a reasonable time in advance about any suspensions or termination of the Service, but is under no obligation to do so.

In case of suspension or termination of your access to the Service, or deletion of your account and related data, you agree to release Tapp from any claims or charges regarding harm to you or third parties.

6. Liabilities and Limitations Liability

No representations or warranties: The Service, is provided on an “as is” and “as available” basis. All data and/or information contained in the Service is provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Service. Without prejudice to the generality of the foregoing, we do not warrant:

(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained on the Service;

(b) that the Service will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;

(c) that the Service is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and

(d) the security of any information transmitted by you or to you through the Service, and you accept the risk that any information transmitted or received through the Service may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

Tapp shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the Service;

(b) reliance on any data or information made available through the Service. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the Service, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Service is entirely at your own risk and we shall not be liable therefor.

You shall be liable and agree to indemnify and hold Tapp and its subsidiaries, affiliates, officers, agents, and employees harmless from and against all damages, costs, expenses and liabilities which are caused by you or your unlawful behavior or infringement of these Terms of Service or your violation of any rights of a third party through use of the Service or content related thereto.

7. Termination

Tapp has the right at its sole discretion to delete, disable or deactivate your account, block or otherwise terminate your access to the Service, remove content within your account, with or without notice, including in the event of your actual or suspected unauthorized use of the Service or non-compliance with the Terms of Service. Upon deactivating your account, the agreement between you and Tapp terminates and your access rights to and your license to utilize the Service cease to exist.

8. Applicable law and settlement of disputes

These Terms of Service and the contractual relation related thereto shall be governed by the Laws of Finland. Any disputes or disagreements over the interpretation or enforcement of these Terms, or from the execution of the Seller Agreement, shall be subject to settlement through arbitration, according to EU laws.

9. Miscellaneous

Non-validity. If any provision of these Service Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by the applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

Notices. A notice related to this agreement shall be sent to Tapp’s email address info@tappcommerce.com . You consent to receive communications from us electronically. Tapp may send a notice related to this agreement to you in a variety of ways, such as by e-mail, text, in-app push notices, or by otherwise posting notices and messages through the Service. 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.

Injunctive relief. We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

Export Control. Products sold through the Service may be subject to export and re-export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not named on any government list of persons or entities prohibited from receiving export and that you shall not access or use the Service in violation of any export embargo, prohibition or restriction.

Assignment. You may not assign your rights under these Terms of Service without our prior written consent. Tapp may assign this agreement in whole or in part to its parent, affiliate or subsidiary company or in connection with a merger or business acquisition.

Contact. If you have any questions regarding these Terms of Service or the Service, please contact Tapp at info@tappcommerce.com .

 

 

 

 

 

 

Terms & Conditions of Sale

 

1. Definitions & Interpretation

Unless otherwise defined, the definitions in the Terms of Service will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Service, as well as any amendments to the aforementioned, issued by Tapp (whether as part of use of the Service or in relation to the purchase of Products, on behalf of Seller), from time to time. Tapp reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Service.

2.2 Sellers: Products are sold through the Service by sellers (“Sellers”). Tapp may be a “Seller” for certain selected Products. However, “Seller” may also refer to a party other than Tapp, such as the Product Manufacturer, or an agent/distributor (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Service by Tapp or a Third Party Vendor may be stated on the Service. Products sold to you (“Customer”) by Sellers will be governed by individual Customer Contracts as follows: :

2.2.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and

2.2.2 for Products sold by Tapp, shall be agreements entered into directly and only between Tapp and you.

2.3 Product description: While Seller endeavors to provide an accurate description of the Products, neither Tapp nor Seller warrants that such description is accurate, current or free from error.

2.4 Placing your Order: Products are purchased by placing an order for the Product(s) through the Service in accordance with the Terms & Conditions of Sale (“Order”).You may place an Order by completing the Order process through the Service. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.5 Canceling an Order: For physical goods, you may cancel your order before you have completed payment. Purchases of digital goods cannot be canceled or reversed.

2.6 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Service, in which event Tapp shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product.

2.7 Product Warranty: The warranties (if any) with respect to a Product (“Product Warranty”) sold under a Customer Contract are provided solely by the Product Manufacturer.

3. Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or its agents on behalf of Seller.

3.2 Shipping & packing charges: Shipping and packing charges shall be as set out in the Order.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Service is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Tapp within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Tapp does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights under local law.

3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Customer will have been deemed to have accepted delivery.

4. Prices of Products

4.1 Price: The price of the Products payable by a Customer shall be the price of the Products, listed for sale to Customers as stated in the Service at the time at which the Order placed by the customer is transmitted to the Seller through the Service (“Price”). Seller reserves the right to amend the Prices at any time without giving any reason or prior notice.

4.2 Taxes: All Prices are subject to taxes, unless otherwise stated.

5. Payment

All payments shall be made to Tapp, either accepting payment in its own right or as Seller’s agent (where Seller is a Third Party Vendor). You acknowledge that Tapp is entitled to collect payment from you on behalf of Third Party Vendors. Payment methods are as described by Tapp on the Service, as updated by Tapp from time to time.

 

6. Refund, Return and Replacement Policy:

Any returns or refunds will be handled according to the Refund, Return and Replacement Policy here.  Tapp reserves the right to modify the Return, Refund and Replacement Policy at any time without notice.

7. Questions and complaints

If you have any questions or complaints, please contact Tapp using in-app messaging or any contact information provided in-app or on websites of the Service. Tapp will liaise with Sellers on your questions and complaints.

8. Risk of loss

Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Seller has tendered delivery of the Goods.

9. Limitation of liability

These Terms and Conditions of Sale set out the full extent of Tapp’s and Seller’s obligations and liabilities in respect of the supply of the Products. To the fullest extent permitted by applicable law, the Tapp and Seller disclaim any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these Terms and Conditions of Sale. In particular, neither Tapp nor Seller will be responsible for ensuring that the goods are fit for your intended purposes.

 

To the extent permitted by the applicable law, neither Tapp nor Seller assumes any liability, whether in contract, tort or otherwise for any special, punitive, consequential, indirect or economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings whether direct or indirect), loss of data, loss of goodwill or reputation or any other similar kind of loss or damage difficult to foresee howsoever arising. To the extent permitted by applicable law, Tapp’s and Seller’s liability is limited to the price you have paid for the Products in question.

 

Notwithstanding the foregoing, nothing in this section affects your statutory rights as a consumer and nothing in these Terms in Conditions of Sale excludes or limits liability which may not be lawfully limited or excluded under the applicable mandatory law.

 

10. General

10.1 References to “Tapp”: References to “Tapp” in these Terms and Conditions of Sale apply both to Tapp’s actions on its own behalf as Seller and/or as the operator of the Service or as the agent of Third Party Vendors as Sellers in respect to each and every Customer Contract.

10.2 Right to subcontract: Third Party Vendors or Sellers shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Tapp or any of Tapp’s designated service providers, subcontractors and/or agents.

10.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.

10.4 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

10.5 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.

10.6 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

10.7 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Finland.

10.8 Except as provided for in Clause 10.8, any dispute, controversy, or claim arising out of or relating to this terms and conditions, or the breach, termination or invalidity thereof shall be settled through arbitration under according to EU laws.

10.9 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

10.10 Amendments: Seller may by notice issued jointly with Tapp through the Service or by such other method of notification as Seller may designate solely through Tapp (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Service after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Service and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Tapp (either via the Service or such other means as Tapp prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

10.11 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

10.12 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.

10.13 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

10.14 Subcontracting and delegation: Tapp reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as Tapp deems appropriate.

10.15 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

10.16 Force Majeure: Neither Tapp nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond Tapp’s or Seller’s reasonable control.

 

Tapp Commerce Oy, a company incorporated according to the laws of Finland, under registration number 2573349-7, with principal office at Läntinen Rantakatu 53, 20100 Turku, Finland (hereinafter “Tapp”)

 

Represented by the local entities:

PT. Tapp Digital Nusantara, a company incorporated according to the laws of Indonesia, under registration number 03.1.70.99180, with principal office at Wijaya 1, Kebayoran Baru, Jakarta Selatan, Jakarta, Indonesia (hereinafter “Tapp”)

 

TappCommerce Philippines Inc., a company incorporated according to the laws of the Philippines, under registration number CS201524552, with principal office at 5th Floor, Mancor Corporate Center, 32nd Street, BGC, Taguig Metro Manila, the Philippines (hereinafter “Tapp”)

 

 

 

© Tapp Commerce Oy 2017
Wijaya 1, Kebayoran Baru, Jakarta, Indonesia / 5th Floor, Mancor Corporate Center, 32nd Street, BGC, Taguig Metro Manila, Philippines / 9th floor, Miss Ao Dai Building, No. 21 Nguyen Trung Ngan, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam / Läntinen Rantakatu 53, 20100 Turku, Finland / Pieni Roobertinkatu 7, 00130 Helsinki, Finland