2. NEUTRAL VENUE
a) Venue. Our Platform connects to merchants' existing eCommerce services (Shopify, WooCommerce etc.) in order to collect their customers' data and send messages (SMS, email, etc.) to attempt to recover abandoned shopping carts to increase conversion. Our Platform is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR HOW USERS UTILIZE OUR PLATFORM, THEIR COMMUNICATIONS, MESSAGES, PHONE CALLS, DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. It is your responsibility to comply with all relevant laws, including, without limitation, privacy and anti-spam laws. We are not liable for the consequences of you disclosing your personal information to others.b) DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH TRAFFIC LAWS.c) Third Parties. The Platform contains references to third party websites and relies on third party services for support. We shall not be liable for any third party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third party content on the Platform.d) No Professional Advice. Nothing on our Platform constitutes financial, legal or any other type of professional advice on our part. Your use of the Platform does not form an attorney-client, employer-employee or any other professional relationship between you and us. If you engage anybody with the help of our Platform, we are not a party to your interactions and transactions.
3. INTELLECTUAL PROPERTY
a) Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered), and data. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform's content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
b) Your Submissions. We do not claim ownership rights over your content. What's yours remains yours. However, if you upload any content to the public areas of our Platform, you state that:
(i) you have all necessary rights to that content, and
(ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.
c) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform, and we will investigate.
4. ACCEPTABLE USE POLICY
By visiting this Platform, you represent and agree that:
a) You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
c) All payments are final, and you will not receive any refunds, except in cases of duplicate or otherwise erroneous charges.
d) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
e) If you communicate with anybody via our Platform, your communications shall be truthful and not misleading. We can terminate any account for spam, misleading communications, untruthful reviews, comments, or other content. We reserve the right to edit, reject, or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive, or hateful.
f) You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
g) You will ask for our permission before copying anything from our Platform for republication.
h) You will not use our Platform for anything illegal.
i) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
j) Bots, crawlers, indexers, web spiders, harvesters, or any similar automatic processes are not allowed on our Platform.
k) You will not impede the proper functioning of the Platform.
You cannot use or disclose any confidential information relating to our business, users, operations, and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
6. BREACH OF THESE TERMS
If any user violates these Terms or any law, we can, without limitation:
(i) ban that user from the Platform;
(ii) disclose the user's identity to authorities and assist in investigations;
(iii) delete or moderate the user's content;
(iv) take any other action available under law.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN "AS IS" BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.b) WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the Platform;
(ii) your violation of any provision of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your user submissions caused damage to a third party.
a) Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Singapore. Each party irrevocably submits to the Singapore International Commercial Court's exclusive jurisdiction all disputes arising out of or in connection with these Terms, including any question relating to the Terms' existence, validity, or termination.
b) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email, or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
c) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
d) Hyperlinks. Linking to our Platform is allowed; however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
e) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
h) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
i) Contact Us. You can reach us at firstname.lastname@example.org.
Tapsend helps thriving e-commerce brands turn abandoned carts into happy customers with personal SMS conversations at scale.