General Terms & Conditions

Updated on: 26/09/2019

Effective Date: 27/09/2019

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND TAPTAPGIVING Ltd (hereinafter “TapSimple”) GOVERNING YOUR USE OF THE TAPSIMPLE SUITE OF CHARITY FUNDRAISING SERVICES.

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Supply of Services Terms”). The General Terms and Supply of Services Agreement are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Supply of Services Terms, the Supply of Services Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.

Description of Service

We provide services to support Charity’s fundraising activities, which include a mobile fundraising payment device, and an online control portal to enable the complete management of the fundraising process. You may use the Services for charitable fundraising purposes within the organisation that you represent. You may connect to the control portal using any Internet browser supported by the Services, and download the fundraising application to all phones supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and publish and share such content to the mobile application.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing TapSimple notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. We recommend that you sign up for a user account by providing your charity contact information. In particular, we recommend that you use your charity email address. You agree to:

a)              provide true, accurate, current and complete information about yourself as prompted by the sign up process; and

b)              maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if TapSimple has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, TapSimple may terminate your user account and refuse current or future use of any or all of the Services.

Organisation Accounts and Administrators

When you sign up for an account for your organisation you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organisation account. If your organisation account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organisation. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organisation’s account.

You are responsible for,

a)     ensuring confidentiality of your organization account password,

b)     appointing competent individuals as administrators for managing your organization account, and

c)      ensuring that all activities that occur in connection with your organisation account comply with this Agreement.

You understand that TapSimple is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to support@tapsimple.org, provided that the process is acceptable to TapSimple. In the absence of any specified administrator account recovery process, TapSimple may provide control of an administrator account to an individual providing proof satisfactory to TapSimple demonstrating authorization to act on behalf of the organization. You agree not to hold TapSimple liable for the consequences of any action taken by TapSimple in good faith in this regard.

Personal Information and Privacy

Personal information you provide to TapSimple through the Service is governed by TapSimple Privacy Policy. Your election to use the Service indicates your acceptance of the terms of our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to support@tapsimple.org or by calling us on any of the numbers listed on https://www.tapsimple.org. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from TapSimple

The Service may include certain communications from TapSimple, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you with respect to your activities as part of your use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy TapSimple in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by TapSimple to the complainant.

Fees and Payments

The Dashboard Service is available with no monthly subscription fees, but additional functionality can be unlocked with subscription plans of various durations. Payments for the processing of donations through the associated mobile fundraising application are chargeable, with rate for these fees detailed within the Supply of Services agreement, which will need to be signed before such a service could commence. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

In addition to all other terms and conditions of this Agreement, you shall not:

a)     transfer the Services or otherwise make it available to any third party;

b)     provide any service based on the Services without prior written permission;

c)      post links to third party sites or use their logo, company name, etc. without their prior written permission;

d)     publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;

e)     use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of TapSimple;

f)      violate any applicable local, state, national or international law.

Content and Intellectual Property Rights

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, or malicious code, or that which infringes or may infringe intellectual property or other rights of another. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any unauthorised activity.

Inactive User Accounts Policy

We reserve the right to terminate user accounts that are inactive for a continuous period of 180 days. In the event of such termination, we will seek to contact the administrator of the account in the first instance, but failing to achieve this all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant TapSimple the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for TapSimple’s commercial, marketing or any similar purpose. But you grant TapSimple permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication.

In the course of using any of the Services, if you make any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that TapSimple will have the right to block access to or remove such content made available by you if TapSimple receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by TapSimple for this purpose.

Sample files and Applications

TapSimple may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. TapSimple makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Trademark

TapSimple and TapSimple logo are trademarks of TAPSIMPLE, and you agree not to display or use, in any manner, the TapSimple trademarks, without TapSimple’s prior permission.

Disclaimer of Warranties

You expressly understand and agree that the use of the Services is at your risk. The Services are provided on an as-is-and-as-available basis. TapSimple expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. TapSimple makes no warranty that the services will be uninterrupted, timely, secure, or error free. No advice or information, whether written or oral, obtained by you from TapSimple, its employees or representatives shall create any warranty not expressly stated in the terms.

Limitation of Liability

You agree that TapSimple shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of charitable fundraising, fundraising interruption, computer failure, loss of information, or other loss arising out of or caused by your use of or inability to use the Service, even if TapSimple has been advised of the possibility of such damage. In no event shall TapSimple’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnification

You agree to indemnify and hold harmless TapSimple, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorised by TapSimple.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the London Court of International Arbitration (LCIA). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the United Kingdom and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, TapSimple may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of extended periods of inactivity. Objections to suspension or disabling of user accounts should be made to support@tapsimple.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

You have the right to terminate your user account if TapSimple breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees, (where applicable). Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

End of Terms and Conditions

If you have any questions or concerns regarding this Agreement, please contact us at support@tapsimple.org.

 

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