Last Updated: March 23, 2016
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS MAY CREATE AN APP PROFILE FOR WATER REFILL STATIONS AND USERS MAY LEARN ABOUT AND REFILL THEIR WATER BOTTLES DIRECTLY WITH THE PARTNERS. YOU UNDERSTAND AND AGREE THAT TAP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND USERS, NOR IS TAP A RESTAURANT OWNER, WATER QUALITY INSPECTOR, OR HEALTH INSPECTOR. TAP HAS NO CONTROL OVER THE CONDUCT OF PARTNERS AND USERS OF THE SITE, APPLICATION AND SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"Tap Content" means all Content that Tap makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. "Collective Content" means Member Content and Tap Content. "Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. "User" means a Member who requests from a Partner they found via the Site, Application or Services the refill of their water bottle. "Partner" means a Member who creates a Refill Station Profile via the Site, Application and Services. "Profile" means a Refill Station that is listed by a Partner as available for refilling user’s water bottles. "Member" means a person who completes Tap’s account registration process, including but not limited to Partners and Users, as described under "Account Registration" below. "Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Refill Station Profile or Member Profile to be made available through the Site, Application or Services.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Tap reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 14 or older. Any access to or use of the Site, Application or Services by anyone under 14 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 14 or older.
The Site, Application and Services can be used to facilitate the listing and use of access to clean drinking water ("Refill Stations"). Such Refill Stations are included in Profiles on the Site, Application and Services by Partners. You may view Profiles as a registered visitor to the Site, Application and Services; As stated above, Tap makes available a mobile platform or community with related technology for Users to find Partners via the Site, Application and Services and get their water bottles filled with the available drinking water of the Partners’ restaurant or establishment. Tap is not an owner or operator of properties, including, but not limited to, restaurants, schools, shopping malls, airports, or hotels, nor is it a provider of drinking water. Unless explicitly specified otherwise in the Tap platform, Tap’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as paid marketing services for each Partner.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PARTNERS AND USERS CONNECTING AND REFILLING WATER BOTTLES DIRECTLY WITH EACH OTHER OUTSIDE OF A TAP AUTHORIZED REFILL STATION. TAP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY REFILL STATION PROFILE AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY REFILL STATIONS. TAP IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL REFILL STATION PROFILES AND WATER BOTTLE REFILLS. ACCORDINGLY, ANY WATER BOTTLE REFILLS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to view Refill Stations or create a Refill Station, you must register to create an account ("Tap Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Tap Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Tap through the Site, Services or Application; or (ii) allowing Tap to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Tap and/or grant Tap access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Tap to pay any fees or making Tap subject to any usage limitations imposed by such third-party service providers. By granting Tap access to any Third-Party Accounts, you understand that Tap will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Tap Account and Tap Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Tap Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Tap’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Tap Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Tap makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Tap is not responsible for any SNS Content. Your Tap Account and your Tap Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Tap Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Tap reserves the right to suspend or terminate your Tap Account and your access to the Site, Application and Services if you create more than one (1) Tap Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Tap Account, whether or not you have authorized such activities or actions. You will immediately notify Tap of any unauthorized use of your Tap Account.
As a Member, you may create Refill Stations. To create a Refill Station, you will be asked a variety of questions about the Refill Station to be listed, including, but not limited to, the business name, location, features, hours of operation of the Refill Station and pricing and related rules and financial terms. In order to be featured in Profiles via the Site, Application and Services, all Refill Stations must have valid physical addresses. Refill Stations will be made publicly available via the Site, Application and Services. Other Members will be able to view your Refill Station via the Site, Application and Services based upon the information provided in your Refill Station Profile. You understand and agree that once a User requests the refilling of their water bottle, you may not deny the Users request to refill their water bottle or ask the User to pay for the water.
You acknowledge and agree that you alone are responsible for any and all Refill Stations and Member Content you post. Accordingly, you represent and warrant that any Refill Station you create or a User visiting a Refill Station you post (i) will not breach any agreements you have entered into with any third parties, such as restaurant owners association, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing health inspection and food safety), Tax requirements, and rules and regulations that may apply to any included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Tap assumes no responsibility for a Partner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Tap reserves the right, at any time and without prior notice, to remove or disable access to any Refill Station for any reason, including Listings that Tap, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. If you are a Partner, you understand and agree that Tap does not act as an insurer. If a User requests a water bottle refill at your Refill Station, any agreement you enter into with such User is between you and the User and Tap is not a party to it. Tap recommends that Partners obtain appropriate insurance for their Refill Stations. Please review any insurance policy that you may have for your Refill Station carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users while at your Refill Station.
Tap may offer Partners the option of having photographers take photographs of their Refill Station. These will be referred to as ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. All images, materials and content created by these photographers, including Verified Images, constitute Tap Content, regardless of whether you include them in your Listing. You agree that Tap may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Refill Station or otherwise, without further notice or compensation.
Tap does not endorse any Member or any Refill Station. You understand that Verified Images are intended only to indicate a photographic representation of the Refill Station at the time the photograph was taken. Verified Images are therefore not an endorsement by Tap of any Member or any Refill Station. Members are required by these Terms to provide accurate information, and although Tap may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Tap about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to refill your water bottle with a Partner or to accept the request to refill a water bottle from a User, or to have any other interaction with any other Member.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Tap has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Tap 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 Tap or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with 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 Tap, it’s users, or members of the public. You acknowledge that Tap has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, 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 otherwise objectionable or as set forth in these Terms. Tap reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Tap, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Tap and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, Tap grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Tap reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, Tap grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Tap Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tap or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Tap a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Tap does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Tap the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Tap’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All trademarks, service marks, logos, trade names and any other proprietary designations of Tap used herein are trademarks or registered trademarks of Tap. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Tap and you hereby irrevocably assign to Tap and agree to irrevocably assign to Tap all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Tap’s request and expense, you will execute documents and take such further acts as Tap may reasonably request to assist Tap to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Tap respects copyright law and expects its users to do the same. It is Tap’s policy to terminate in appropriate circumstances the Tap Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Tap Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Tap Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Tap Account, your Member Content, or receive assistance from Tap Customer Service, (b) any pending or active Refill Stations as either Partners or Users will be immediately terminated, (c) you will not be entitled to any compensation for Refill Station fees or payments (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Tap Account. You may cancel your Tap Account at any time via the "Account Dashboard" or by sending us an email. Please note that if your Tap Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
You agree to release, defend, indemnify, and hold Tap and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) using a Refill Station, or (iii) creation of a Refill Station; (d) the use, condition of a Refill Station by you, including but not limited to any illnesses, sickness, injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use of a Refill Station.
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
If you visit a Refill Station and anyone you feel is acting or has acted inappropriately, including but not limited to anyone who (i) is not using sanitary practices while filling your water bottle (ii) or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tap.
These Terms constitute the entire and exclusive understanding and agreement between Tap and you regarding the Site, Application, Services, Collective Content, and any use of or Refill Stations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tap and you regarding using or creating Refill Stations, the Site, Application, Services, and Collective Content.
If you have any questions about these Terms please contact Tap.