Tapnorder Terms of Use
1. Acceptance of Terms
1.1 By accessing or using Tapnorder’s cloud-based Point of Sale (POS) and online ordering platform (“Services”), you agree to comply with these Terms of Use (“Terms”) and our Privacy Policy.
1.2 If you are acting on behalf of a business, you warrant that you have the authority to bind the business to these Terms. Continued use constitutes acceptance of any future revisions.
2. Definitions
“Tapnorder,” “we,” or “us”: Tapnorder Pty Ltd
“Merchant”: A business entity using the Services to sell goods/services to Customers.
“Customer”: Any individual or entity placing orders via the Platform.
“Platform”: Tapnorder’s software, applications, and websites.
“Third-Party Service”: External service providers (e.g., payment gateways, delivery partners).
3. Eligibility & Account Management
3.1 Eligibility: Users must be ≥18 years old and legally capable of forming binding contracts in Australia.
3.2 Registration: Merchants must provide accurate, complete, and current information during onboarding and promptly update changes.
3.3 Account Security: You are responsible for all activities conducted through your Account. Please notify us immediately of unauthorised access.
4. License & Service Provision
4.1 License: We grant you a limited, non-exclusive, revocable right to access the Platform for order processing.
4.2 Modifications: We reserve the right to modify, suspend, or discontinue Services (or features) at our discretion, with notice where legally required.
4.3 Availability: We do not guarantee uninterrupted access. Downtime may occur due to maintenance or force majeure events.
5. Merchant Responsibilities
5.1 Content Accuracy: Ensure product/service listings (including pricing, descriptions, allergens, and images) comply with Australian Consumer Law and industry regulations.
5.2 Order Fulfilment: Honour all Customer orders promptly and coordinate with third-party delivery partners as needed.
5.3 Customer Disputes: Resolve complaints professionally and indemnify Tapnorder for liabilities arising from your negligence.
5.4 Compliance: Adhere to all health, safety, and data privacy laws (e.g., Privacy Act 1988).
6. Financial Terms
6.1 Fees: Service Fees, commissions, and subscriptions (exclusive of GST) apply as per your Merchant Agreement.
6.2 Payouts: Payments collected via our payment processor are settled to you per the agreed schedule, minus applicable deductions (e.g., chargebacks, refunds).
6.3 Fee Changes: We may adjust the Fees with 30 calendar days’ written notice.
7. Third-Party Services
7.1 Integration: Third-party services are used at your own risk. We disclaim liability for their actions.
7.2 Compliance: You agree to comply with all third-party terms (e.g., delivery partner policies).
8. Intellectual Property
All Platform content, trademarks, and software remain the exclusive property of Tapnorder. You may not reverse-engineer, modify, or distribute any part of the Platform without express written consent.
9. Confidentiality & Data
9.1 Confidential Information: Protect proprietary information exchanged during use of the Services.
9.2 Data Privacy: We handle personal data per our Privacy Policy and applicable laws (e.g., Australian Privacy Principles).
10. Warranties & Disclaimers
The Services are provided “as is.” We disclaim all warranties, including merchantability, fitness for a particular purpose, or non-infringement.
11. Liability Limitations
11.1 Exclusions: Neither party is liable for indirect, consequential, or punitive damages (e.g., lost profits).
11.2 Cap: Our liability is capped at the greater of AUD $500 or the Fees paid in the 12 months preceding the claim.
12. Indemnity
You indemnify Tapnorder against losses arising from your breach of these Terms, except for Tapnorder’s gross negligence or wilful misconduct.
13. Termination
13.1 By You: Terminate anytime via written notice.
13.2 By Us: We may suspend or terminate access for material breaches (with a 14-day cure period), insolvency, or unlawful activity.
13.3 Post-Termination: Cease all Platform use and delete confidential data.
14. Notices
Legal notices will be sent to you via email or in-platform alerts. Notices to Tapnorder must be forwarded to info@tapnorder.online.
15. Governing Law
These Terms are governed by Victorian law. Disputes will be resolved in Victorian courts, subject to mandatory jurisdiction rules.
16. General
16.1 Amendments: We may update these Terms; continued use after 30 days constitutes acceptance.
16.2 Severability: Invalid clauses do not void the remaining Terms.
16.3 Survival: Sections 8–15 survive termination.
Contact Us: For questions, email info@tapnorder.online