app2tap Terms and Conditions
app2tap operates a hardware and software technology that enables customers to purchase and pour their own Beverages through our App and Service.
By downloading or using the App You agree to be bound by these Terms. You should therefore ensure that You read these Terms carefully before using the App. If You do not agree to these Terms, do not download or use the App.
1. Licence
1.1. app2tap licences You to use the App and any updates or supplements to it, the Documentation and the Service as permitted in these Terms.
2. Your privacy
2.1. Under data protection legislation, app2tap is required to provide You with certain information including who We are, how We process Your personal data and for what purposes and Your rights in relation to Your personal data and how to exercise them. This information is provided in our Privacy Policy (https://app2tap.io/privacy-policy-2/) and it is important that You read that information.
3. Support for the App and how to tell us about problems
3.1. If You want to learn more about the App or the Service or have any problems using them please take a look at the app2tap support resources, including our Frequently Asked Questions, at www.app2tap.io.
3.2. If You think the App or the Service are faulty or misdescribed or wish to contact app2tap for any other reason please contact us at info@app2tap.io.
3.3. If We have to contact You We will do so by email or by SMS, using the contact details You have provided to us.
4. Registration and security
4.1. If You wish to use the App, You must first complete the in-app registration process. In doing so, You must:
4.1.1. provide full, complete and accurate information about You in order to set up Your account;
4.1.2. not sign up or register using account details or information other than Your own; or
4.1.3. not create any duplicate accounts.
4.2. It is Your responsibility to ensure that Your Mobile Device and Your login information for the App are kept safe and secure at all times. If You know or suspect that anyone other than You knows or has obtained Your login information, You must promptly notify us at info@app2tap.io and change Your login information.
4.3. You are responsible for all acts and omissions of any third parties who use or access the App using Your login details, whether fraudulently or not, and You agree to reimburse app2tap on demand for any loss we suffer as a result of such use.
4.4. We reserve the right to disable Your access to the App or the Service at any time if, in our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
5. Using the App and the Service
5.1. Subject to Your compliance with these Terms You are permitted to:
5.1.1. download and install a copy of the App onto Your Mobile Device and view, use and display the App and the Service on such devices for Your personal purposes only;
5.1.2. use any Documentation to support Your permitted use of the App and the Service; and
5.1.3. receive and use any free supplementary software code or updates of the App incorporating “patches” and corrections of errors as We may provide to You.
5.2. The licence mentioned above gives You personally the right to use the App and the Service as set out in these Terms. You must not at any time:
5.2.1. allow any third party to access or use the App using Your login details;
5.2.2. use someone else’s login details to access or use the App; or
5.2.3. otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free.
In particular, you should be aware that if you use the App and/or the Service to purchase Alcoholic Beverages for or to enable or facilitate the purchase or consumption of Alcoholic Beverages by or for any person under the age of 18 you and that person would be committing criminal offences under the Licensing Act 2003 and could be liable to prosecution.
5.3. If You sell any device on which the App is installed, You must remove the App from it.
5.4. When using the Service, You must follow all rules and instructions set out in the Documentation including in relation to the pouring of Your Beverage and keeping the tap clean. In particular, please note that any purchase You make relates to a specific tap and You must pour Your Beverage from that specified tap – it will not be possible to pour Your Beverage from another tap.
5.5. In relation to the Service, app2tap is committed to minimising any discrepancy between the stated and actual dispensing volume of the Beverage that You receive. Nevertheless, we cannot exclude a deviation of up to 7.5% above or below the volume purchased, which can be caused by multiple stops during the beer being poured. This tolerance range is accepted by You as part of these Terms.
6. Age restriction and verification
6.1. You must be aged 18 or over to accept these Terms and use the App.
6.2. As part of the registration process, You will be required to verify that You comply with this age restriction.
7. Purchases and payments through the App
7.1. In order to make purchases through the App You will be required to set up on the App one or more acceptable payment methods. This could be via a debit or credit card that has been issued to You (not a card issued to somebody else), using tapCash (please see below), a combination of debit/credit card and tapCash or through other methods of payment which are accepted by the App.
7.2. The App will require You to make payment through Your selected payment method before You will be able to pour the Beverage.
7.3. You must comply with any relevant terms and conditions or other legal agreement, whether with app2tap or a third party, that governs Your use of a given payment processing method.
7.4. You will be responsible for all amounts payable associated with purchases made through the App on Your account.
7.5. You can, at any time, transfer funds to Your app2tap account so that You have a prepaid credit balance. Within the App this credit balance is referred to as tapCash and can be used by You to make purchases through the App, up to the value of the tapCash credit balance. If You wish to purchase Beverages which have a value higher than Your current tapCash credit balance, You can either transfer funds to top up Your tapCash credit balance or use the credit or debit card that You have set up on the App to cover any shortfall in Your tapCash balance. Please note, however, that any tapCash credit balance is not refundable or transferable unless required by law.
8. Changes to these Terms
8.1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which We introduce.
8.2. We will give You notice of any change by sending You an SMS with details of the change or notifying You of a change when You next start the App.
8.3. If You do not accept the notified changes You will not be permitted to continue to use the App and the Service.
9. Updates to the App and changes to the Service
9.1. From time to time We may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively We may ask You to update the App for these reasons.
9.2. If You choose not to install such updates or if You opt out of automatic updates You may not be able to continue using the App and the Services.
10. If someone else owns the Mobile Device You are using
10.1. If You download or stream the App onto any Mobile Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not You own the Mobile Device.
11. We are not responsible for other websites You link to
11.1. The App or any Service may contain links to other independent websites which are not provided by app2tap. Such independent sites are not under our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any).
11.2. You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12. Licence restrictions
12.1. You agree that You will:
12.1.1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;
12.1.2. not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
12.1.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms;
12.1.4. comply with all applicable laws at all times in using the App and/or the Service;
12.1.5. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by You during such activities:
12.1.5.1. is not disclosed or communicated without app2tap’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
12.1.5.2. is not used to create any software that is substantially similar in its expression to the App;
12.1.5.3. is kept secure;
12.1.5.4. is used only for the Permitted Objective; and
12.1.5.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
13. Acceptable use restrictions
13.1. You must:
13.1.1. not use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;
13.1.2. not infringe app2tap’s intellectual property rights or those of any third party in relation to Your use of the App or the Service, including by the submission of any material;
13.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the App or any Service;
13.1.4. not use the App or the Service in a way that could damage, disable, overburden, impair or compromise app2tap’s systems or security or interfere with other users; and
13.1.5. not collect or harvest any information or data from the Service or app2tap’s systems or attempt to decipher any transmissions to or from the servers running any Service.
14. Intellectual property rights
14.1. All intellectual property rights in the App, the Documentation and the Service throughout the world belong to app2tap (or our licensors) and the rights in the App and the Services are licensed (not sold) to You. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these Terms.
15. Indemnity
15.1. You shall indemnify app2tap in full against all liabilities, fines, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by app2tap arising out of, or in connection with your misuse of the App or your failure to comply with these Terms.
16. Our responsibility for loss or damage suffered by You
16.1. We are responsible to You for foreseeable loss and damage caused by us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time You accepted these Terms, both We and You knew it might happen.
16.2. We do not exclude or limit in any way our liability to You, or Your liability to us, where it would be unlawful to do so. This includes liability for death or personal injury caused by our or Your negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
16.3. Subject to section 16.2 above, app2tap’s total liability under or in connection with these Terms, the App or the Service shall not in any event exceed the sum of £50.
16.4. Please back up content and data used with the App. We recommend that You back up any content and data used in connection with the App, to protect Yourself in case of problems with the App or the Service.
16.5. Check that the App and the Service are suitable for You. The App and the Service have not been developed to meet Your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the appstore site and in the Documentation) meet Your requirements.
17. Matters for which We are not responsible or liable
17.1. We are not responsible or liable for any of the following:
17.1.1. the condition or maintenance of the tap that You use to pour Your Beverage. This is the responsibility of the Venue and any issues regarding the functioning of the tap should be raised with the Venue;
17.1.2. the quality of the Beverage that You purchase. Again, this is the responsibility of the Venue and any issue regarding quality should be raised with the Venue;
17.1.3. if there is any issue with the volume of the Beverage that has been dispensed, compared with the volume of Beverage that You purchased. The Venue is responsible for the calibration of the tap that You use and any issues with the amount dispensed will need to be directed to the Venue. You will be able to confirm, via the App, the volume of Beverage that You purchased but please note that any top up of the amount dispensed will be at the discretion of the representatives of the Venue. In this regard, please note the tolerance level of 7.5% referenced above, which You have accepted as part of these Terms. The Venue will be responsible for monitoring the operation of the tap and for ensuring that the Service is not abused;
17.1.4. any business losses. The App is for Your personal and private use. If You use the App for any commercial, business or resale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity that You might suffer;
17.1.5. events outside our control. We do not warrant that Your use of the App or the Service will be uninterrupted or error-free. While We strive to ensure that information in the App is updated and accurate at all times, We rely on third parties to provide us with that information and We cannot warrant that such information is accurate, complete or up to date;
17.1.6. any delays, delivery failures or any other loss or damage You might suffer from the transfer of data over the internet or other communications networks. Certain features of the App require the App to have an active internet connection. That connection may be via Wi-Fi or provided by Your mobile network operator, but app2tap shall not be responsible for the App not working with full functionality if You do not have access to Wi-Fi and there is nothing left of Your data allowance. If You use the App outside an area with Wi-Fi, remember that Your terms of agreement with Your mobile network operator still apply. As a result, You may be charged by Your mobile network provider for data costs for the duration of the connection while accessing the App, or other third-party charges. By using the App, You assume responsibility for all such charges, including any data roaming charges. App2tap shall not be responsible or liable for the way You use the App;
17.1.7. any changes to the system requirements for using the App imposed by Android, iOS or any other applicable app providers. It will be Your responsibility to ensure that you install any applicable updates to those system requirements.
18. We may end Your rights to use the App and the Service if You break these Terms
18.1. We may end Your rights to use the App and Service at any time by contacting You, if we cease to provide the App, if You have broken these Terms in a serious way or for any other reason. If what You have done can be put right We will give You a reasonable opportunity to do so.
18.2. If We end Your rights to use the App and the Service:
18.2.1. You must stop all activities authorised by these Terms, including Your use of the App and any Services;
18.2.2. You must delete or remove the App from all devices in Your possession and immediately destroy all copies of the App which You have and confirm to us that You have done this;
18.2.3. We may remotely access Your devices and remove the App from them and cease providing You with access to the Services.
19. We may transfer this agreement to someone else
19.1. We may transfer app2tap’s rights and obligations under these Terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
20. You need our consent to transfer Your rights to someone else
20.1. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
21. No rights for third parties
21.1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
22. If a court finds part of this contract illegal, the rest will continue in force
22.1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23. Even if We delay in enforcing this contract, We can still enforce it later
23.1. Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these Terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.
24. Which laws apply to this contract and where You may bring legal proceedings
24.1. These Terms are governed by English law and You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
25. Definitions
25.1. The following definitions apply in these Terms.
Alcoholic Beverage: beer, lager, cider or any other alcoholic beverages.
App: the app2tap mobile application software.
app2tap or We: app2tap Limited incorporated and registered in England and Wales with company number 14285119 whose registered office is at 13b Little Underbank, Stockport, Greater Manchester, United Kingdom, SK1 1LA.
Beverages: the Alcoholic Beverages and other beverages which are subject to these Terms.
Documentation: the information made available to You by app2tap online or through the App from time to time which sets out a description of the Service and the user instructions for the Service.
Mobile Device: any mobile telephone or other handheld device.
Service: the service You connect to via the App which enables You to purchase and self-pour selected Beverages.
Terms: these terms and conditions.
Venue: the venue in which the tap that You use to self-pour Your Beverage is located.
You: the individual agreeing to these Terms (and Your shall be interpreted accordingly).