Terms and conditions

1. Introduction

Welcome to The Tap Shop (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at thetap.shop (together or individually “Service”) operated by The Tap Shop.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hello@thetap.shop so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

We email you about your account: signing in, your page, your plan, a payment, or something you have bought. These are necessary to provide Service and you cannot opt out of them while you hold an account.

We do not send marketing email and there is no newsletter. If we ever offer one, we will ask you to opt in first rather than treating your use of Service as agreement, and every such message will carry an unsubscribe link. You can also write to hello@thetap.shop at any time.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you will be asked for the information needed to complete it: your email address, and your payment and billing details.

Your card details are entered on our payment processor’s own checkout and never reach us. We do not see, hold or store a card number. Everything sold through Service is digital and delivered by download, so no shipping information is asked for or held.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

For any digital product bought through Service, we are the seller and the merchant of record. The payment is taken on our own account, your contract for the product is with us, and section 9 sets out what that means for both you and the person whose page listed it.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or The Tap Shop cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting hello@thetap.shop customer support team.

A valid payment method is required to process the payment for your subscription. You shall provide The Tap Shop with accurate and complete billing information that may include but not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize The Tap Shop to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, The Tap Shop reserves the right to terminate your access to the Service with immediate effect.

6. Free Plan, and Free Trials

We do not currently offer a free trial, and nothing on Service ever starts charging you automatically. What we offer instead is a free plan: a complete working product at no cost, with no card required and no expiry. It does not turn into a paid plan. You move to a paid plan only by choosing to.

If we ever do offer a free trial, we will say plainly at the time whether it needs a card, what you will be charged at the end of it, and when. Those terms will be given with the offer.

7. Fee Changes

The Tap Shop, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

The Tap Shop will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

Subscriptions. You may cancel at any time and you keep the plan until the end of the period you have already paid for. We do not refund part of a month as a matter of course. If something went wrong on our side, write to us and we will put it right.

Digital products bought from a page. These are delivered immediately on payment, so where the law gives you a right to cancel a purchase of digital content, that right is normally lost once the download begins and you have agreed to it beginning. We will refund a product that is faulty, that is not what its description said, or that you never received. Section 9 sets out how these sales work.

None of this affects your statutory rights. If you are a consumer, you keep every right the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013 give you, whatever this section says.

9. Selling Digital Products

Service allows the holder of a page (a “Seller”) to list a digital product for sale. This section governs those sales and applies to Sellers and to buyers alike.

We are the merchant of record

A Seller does not need, and is not asked to open, a payment account of their own. Every sale is taken on our account. We are the supplier of record for the transaction, the buyer’s contract for the product is with us, and we are responsible for accounting for any VAT or other sales tax due on it. A Seller lists and supplies the product; they are not the counterparty to the buyer.

Our fee, and the minimum price

Selling is not open yet. No product on Service can currently be listed for sale, so no fee is currently charged to anybody.

When it opens we will charge a fee on each sale. The rate, the minimum price at which a product may be listed, and any other charge that applies to selling will be set out in our fee schedule, which will form part of these Terms and will be published before any product can be listed for sale. No Seller is ever asked to list a product without the fees being published first.

The fee is deducted from the sale automatically. The remainder is held to the Seller’s account and paid out to them.

We may change what is on the fees page. Sellers are given at least 30 days’ notice of a change that increases a fee or raises the minimum price, and no change ever applies to a sale that has already completed. Continuing to list products after a change takes effect means accepting it.

What a Seller warrants

By listing a product for sale, a Seller confirms that:

• 0.1. they own the product or are licensed to sell it, and selling it through Service infringes nobody’s rights;
• 0.2. the description, the price and the file are accurate, and the file is what the description says it is;
• 0.3. the product is lawful to sell, and is not prohibited under section 11;
• 0.4. they will deal with questions from buyers about the product itself, which they are far better placed to answer than we are.

Refunds, chargebacks and withheld payouts

Because the sale is ours, a refund is ours to give and a chargeback is ours to answer. Where we refund a buyer, or where a payment is reversed or disputed, we may deduct the corresponding amount from what is owed to the Seller, or recover it from them if it has already been paid out.

We may withhold or delay a payout where we reasonably suspect fraud, where a product is the subject of a complaint under section 11 or a copyright claim under section 16, or where we are required to.

Delivery

On payment, the buyer is given a link to download the file. That link expires after 365 days or 20 downloads, whichever comes first, and stops working immediately if the sale is refunded in full or a dispute is settled against it. A buyer whose link never arrived can ask the Seller or us to send it again.

If you are the buyer

Digital products are delivered immediately, and where the law gives you a right to cancel a purchase of digital content, that right is normally lost once the download begins and you have agreed to it beginning. Nothing in these Terms affects your statutory rights, including your rights if a product is not as described. Tell us at Report a violation if a product is not what it claimed to be.

Ending a Seller’s access

We may stop listing a Seller’s products, or close their account under section 22, if this section is breached. Doing so does not remove our obligation to pay out sums properly owed on completed sales, less anything deductible above.

10. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

The Tap Shop has the right but not the obligation to monitor and edit all Content provided by users.

To be unambiguous about who owns what: the Content you post stays yours, as set out above, and nothing in these Terms transfers it to us. Separately, the material we ourselves supply, which is to say the design of Service, our templates, our logo, our icons and our written copy, belongs to us or is used with permission, and you may not redistribute or resell that material without our written consent. Those are two different things and this section does not claim the first.

11. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• 0.1. In any way that violates any applicable national or international law or regulation.
• 0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• 0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• 0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
• 0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• 0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• 0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
• 0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
• 0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
• 0.4. Use any device, software, or routine that interferes with the proper working of Service.
• 0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• 0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
• 0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
• 0.8. Take any action that may damage or falsify Company rating.
• 0.9. Otherwise attempt to interfere with the proper working of Service.

12. Analytics

We use no third-party analytics service. The counts a page owner sees are computed by us from our own records and never leave our systems. What is recorded, and the considerable list of what deliberately is not, are set out in our Privacy Policy.

13. Age

You must be at least thirteen (13) years old to hold an account. By creating one you confirm that you are.

If you are under 18, a parent or guardian must read these Terms and agree to them with you, and they take responsibility for your use of Service. If you are entering into these Terms for a business, you confirm you are authorised to bind it.

Anyone may look at a published page without an account and without being asked their age.

14. Accounts

When you create an account with us, you guarantee that you meet the age requirement in section 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

15. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Tap Shop and its licensors. Service is protected by copyright, trade mark and other laws of the United Kingdom and of other countries. Our trade marks may not be used in connection with any product or service without the prior written consent of The Tap Shop.

16. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@thetap.shop, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

17. Notice and Procedure for Copyright Infringement Claims

We are based in the United Kingdom and copyright claims about Content on Service are handled by us directly, under UK law. There is no separate registered agent to write to: send your claim to the address in section 16.

Whether you are claiming under UK law or, if it applies to you, under the United States Digital Millennium Copyright Act, please give us the following in writing. It is the same information either way, and it is what the DMCA asks for at 17 U.S.C. 512(c)(3):

• 0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
• 0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• 0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
• 0.4. your address, telephone number, and email address;
• 0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• 0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send your claim by email to hello@thetap.shop, or use Report a violation, which asks for the same things in the same order.

18. Error Reporting and Feedback

You may provide us either directly at hello@thetap.shop or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

19. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by The Tap Shop.

The Tap Shop has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

20. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Limitation Of Liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be limited or excluded. If you are a consumer, nothing here affects your statutory rights.

Subject to that, we are not liable to you for loss of profit, loss of business, business interruption, loss of anticipated saving, loss of goodwill, or for any loss that was not reasonably foreseeable when you agreed these Terms.

Subject to the same, our total liability to you for all claims connected with Service, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise, is limited to the greater of the amount you paid us in the twelve months before the claim, or £100.

If you use Service for a business, you agree to indemnify us against claims arising from what you published or sold through it, and the limits above apply to you as a business rather than as a consumer.

22. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

23. Governing Law

These Terms, and any dispute arising out of them or out of your use of Service, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. If you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in your own courts, and nothing here removes the protection of the mandatory law of the country you live in.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

24. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

25. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

26. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

27. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

28. Contact Us

Please send your feedback, comments, requests for technical support by email: hello@thetap.shop.