Terms of service

 

Overview

Welcome to TapNow Card! In these Terms of Service, "we," "us," and "our" mean TapNow Card, and "you" and "your" mean anyone who visits, uses, or buys from our store. We operate this website and store, including all related information, content, features, tools, products, and services (the "Services"), to give you a curated shopping experience. TapNow Card is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the "Terms"), together with the policies referenced in them, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use or access our Services.

1. Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence and that you consent to any of your minor dependents using the Services on devices you own, purchase, or manage.

To use the Services, including browsing our store or purchasing any of our products, you may be asked to provide certain information, such as your email address and your billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current, and complete, and that you have the right to provide it.

You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.

2. Our Products

We make every effort to represent our products accurately in our online store. However, colors and product appearance may look different on your screen depending on your device and its settings, and we cannot guarantee that a product will look exactly as depicted or meet your expectations.

Product descriptions may change at any time without notice. We may discontinue any product at any time, and we may limit the quantity of any product we offer to any person, region, or jurisdiction on a case-by-case basis.

3. Orders

When you place an order, you are making an offer to purchase. We may accept or decline your order for any reason, and your order is not accepted until we confirm it. We must receive and process your payment before we accept your order.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will try to notify you using the email address, billing address, or phone number you provided when you placed the order.

Returns and exchanges are governed solely by our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price you pay is the price in effect when you place your order, as shown in your order confirmation email. Unless we say otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.

Prices on our website may differ from prices in other stores, including those operated by third parties. We may offer promotions from time to time that are governed by separate terms. If a promotion's terms conflict with these Terms, the promotion's terms apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and to promptly update it (including your email address and payment card details) so that we can complete your transactions and contact you if needed.

You represent and warrant that: (i) the payment card information you provide is true, correct, and complete; (ii) you are authorized to use that card for the purchase; (iii) charges you incur will be honored by your card issuer; and (iv) you will pay all charges at the posted prices, including shipping, handling, and applicable taxes.

5. Shipping and Delivery

All delivery times are estimates only and are not guaranteed. We are not liable for shipping or delivery delays, including those caused by shipping carriers, customs processing, or events outside our control. If your order is running late, please contact us and we will do our best to help. Once we hand your products to the carrier, title and risk of loss pass to you.

6. Intellectual Property

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement of them, are owned by TapNow Card, its affiliates, or its licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

You may use the Services for personal, non-commercial purposes only. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services. Except as expressly stated in these Terms, nothing here grants you any license or right under any patent, trademark, copyright, or other intellectual property of TapNow Card, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by TapNow Card.

TapNow Card's names, logos, product and service names, designs, and slogans are trademarks of TapNow Card or its affiliates or licensors, and you may not use them without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

7. Third-Party Tools and Links

The Services may include tools, materials, embedded functionality, and links to websites provided or operated by third parties. We do not monitor or control these third-party tools or websites, and we are not responsible for examining or evaluating their content or accuracy.

Third-party tools are provided "as is" and "as available," without warranties, representations, or conditions of any kind and without any endorsement. We are not liable for any harm or damages arising from your use of third-party tools or your access to, purchase from, or use of any third-party website, product, service, resource, or content. You use them at your own risk and discretion, so please review the third party's terms and policies and make sure you understand them before engaging in any transaction. Direct any complaints, claims, concerns, or questions about third-party products or services to the third party.

We may also offer new features through the Services in the future, including new tools and resources. Any new features are part of the Services and are subject to these Terms.

8. Relationship with Shopify

TapNow Card is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with TapNow Card. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and TapNow Card, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with TapNow Card.

9. Privacy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these policies.

Because Shopify hosts the Services, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services will be transmitted to and shared with Shopify and other third parties, which may be located in countries other than where you live, in order to provide services to you. See our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

10. Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content to us (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You represent and warrant that: (i) you own or have all necessary rights to your Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting it; and (iii) it complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay you for it, or (3) respond to it.

We may, but are not required to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain libelous, unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

11. Errors, Inaccuracies, and Omissions

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

12. Prohibited Uses

You may use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

• for any unlawful or malicious purpose;
• to violate any federal, state, or local law, regulation, rule, or ordinance;
• to infringe or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person;
• to transmit false or misleading information;
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
• to transmit, or procure the sending of, any advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations;
• to impersonate or attempt to impersonate any other person or entity; or
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm TapNow Card, Shopify, or users of the Services or expose them to liability.

You also agree not to:

• upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services;
• reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
• collect or track the personal information of others;
• spam, phish, pharm, pretext, spider, crawl, or scrape; or
• interfere with or circumvent the security features of the Services, any related website, other websites, or the Internet.

We may suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

13. Termination

We may terminate this agreement or your access to the Services (or any part of them) at any time, in our sole discretion and without notice. You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, General Provisions, and Privacy, along with any other provisions that by their nature should survive.

14. Disclaimer of Warranties

The information presented on or through the Services is provided for general information purposes only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on this information by you or anyone else who visits the Services or is informed of its contents.

Except as expressly stated by TapNow Card, the Services and all products offered through the Services are provided "as is" and "as available" for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

15. Limitation of Liability

To the fullest extent provided by law, in no case shall TapNow Card, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.

16. Indemnification

You agree to indemnify, defend, and hold harmless TapNow Card, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of or due to (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, but a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by it. We may control the defense and settlement of the claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent (which will not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

17. Governing Law

These Terms, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict-of-law principles. You and TapNow Card consent to venue and personal jurisdiction in the state and federal courts located in the jurisdiction where TapNow Card is headquartered.

18. General Provisions

Severability. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

Waiver and Entire Agreement. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms, together with any policies or operating rules we post on this site or in relation to the Services, are the entire agreement between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any prior versions of these Terms. Any ambiguity in these Terms will not be construed against the drafting party.

Assignment. You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

Headings. Headings are for convenience only and do not limit or otherwise affect these Terms.

19. Changes to These Terms

You can review the most current version of these Terms at any time on this page. We may update, change, or replace any part of these Terms in our sole discretion by posting the changes on our website, and it is your responsibility to check periodically for changes. We will notify you of any material changes in accordance with applicable law, and those changes will take effect on the date stated in the notice. Your continued use of or access to the Services after changes are posted means you accept them.

20. Contact Information

TapNow Card Email: support@tapnowcard.com