These Terms of Use ("Terms") by TAP It Holdings Limited, a Limited Liability company doing business as TAP (“TAP,” "we" or "us") govern your use of (1) TAP products or other TAP hardware devices (collectively "Device"), (2) any firmware, software and updates that we install or provide for implementation at your event (collectively “TAP”), (3) the TAP mobile app and other software applications that you can use to connect to your Device (collectively “TAP”); and (4) any web or mobile sites that we provide for use with your Device and TAP, to connect, upload and view activity data (collectively “TAP”).
YOU, AND YOU AS A REPRESENTATIVE AGENT OF YOUR COMPANY, AGREE TO BE BOUND BY THESE TERMS AND CONCLUDE A LEGALLY BINDING CONTRACT BASED ON THESE TERMS WITH TAP IF YOU ACCEPT THESE TERMS EXPRESSLY, OR IF WE NOTIFY YOU OF THESE TERMS, AND YOU DOWNLOAD, USE OR ACCESS TAP, OR YOU CONNECT A DEVICE TO TAP OR YOU USE ANY OF TAP’S PRODUCTS OR SERVICES. THESE TERMS CONTAIN IMPORTANT TERMS THAT AFFECT YOUR RIGHTS, INCLUDING DISCLAIMERS, LIMITATIONS OF LIABILITY, A CHOICE OF LAW, A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, THEN DO NOT DOWNLOAD, USE OR ACCESS ANY TAP DEVICE, SOFTWARE OR ANY RELATED PRODUCT OR SERVICE.
1. The TAP Service. TAP provides a product and service (collectively the “TAP Service") on an "as is" and "as available" basis to lawful clients of TAP (hereinafter "you"). You may not use the TAP Service unless you have lawfully been given permission to use the TAP Service. TAP reserves the right to improve and change the TAP Service and any element thereof at any time, at TAP’s sole discretion. TAP also reserves the right to suspend or discontinue the TAP Service provided that TAP shall remain obligated to honour any warranty claims you may have against TAP under applicable law or manufacturer warranty statements, if any, if and to the extent the suspension or termination of the TAP Service causes a breach of warranty. TAP’s Service provides a simple way for events, venues and other organisations to create individual profiles, company profiles and other webpages related to those entities, management of online and onsite ticketing and registration, and management of onsite engagement. TAP is not the creator or owner of the events or venue or organisations listed within TAP’s Service, platform, or series of products. The TAP Service must be implemented correctly at all times for accurate delivery and reporting purposes and any deviation may impact delivery.
2. System Requirements. Use of the full TAP Service may sometimes require a personal computer or mobile device such as a tablet, smart phone or other hardware device capable of Internet connectivity or WiFi access that you have to acquire separately from third parties (hereafter collectively "Computer"). Your ability to use the TAP Service may be affected by the performance of your Computer. You acknowledge and agree that all such system requirements, which may be changed from time to time, are your responsibility. For most effective use of the TAP Service, high-speed Internet access is strongly recommended.
2.1 Uptime. TAP shall make all reasonable efforts to deliver reasonable Uptime and TAP will work to resolve any Downtime incidents as a matter of priority until the TAP Service is restored.
3. Software. The software products made available through the TAP Service are licensed, not sold, to you. TAP may cause the TAP App and updates to the TAP App to be downloaded onto your Computer through the TAP Service, and may also cause the most recent version of TAP not already installed onto your Device to be downloaded onto the Device anytime you are connected to the TAP Service. By connecting to the TAP Service, you are requesting such automatic updating.
4. License Terms. Your use of the TAP is subject to these Terms and any additional software license terms that accompany downloads, including third party license terms and open source software license terms. Your license rights are non-exclusive, limited, revocable, personal, non-sublicensable and non-assignable. You may not decompile, disassemble, reverse-engineer or otherwise display any TAP Service, except to the extent such a restriction is prohibited under applicable mandatory law or third party licensee terms after you have provided TAP with 45 days prior written notice of your intent to exercise rights in conflict with these Terms to give TAP an opportunity to find alternative solutions for you. You may not copy, modify, translate, rent, lease, distribute, lend or sell the TAP Service. You may not remove any proprietary notices or labels.
4.1 Insurance. You are responsible for procuring and maintaining, at your own experience, all appropriate insurance policies including but not limited to: (i) Commercial General Liability liability insurance; and (ii) cyber and privacy insurance that provides coverage for claims involving: media liability, network security, data breach response, business interruption, extortion liability, costs of regulatory defence, fines and punitive damages, costs of litigation defence, litigation damages, and privacy violations. You agree to remain liable for the cost of any of TAP’s hardware damaged through the course of delivery.
5. Accounts. You may be required to establish an account and/or subsidiary accounts (hereafter collectively "Account") in order to use certain aspects of TAP. You are responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify TAP of any unauthorised use of your Account or any other breach of security. TAP is not responsible for any losses arising out of the unauthorised use of your Account. TAP reserves the right to terminate, disable or not provide all normal features for a particular Account if TAP suspects or becomes aware of any unauthorised or unpermitted use of such Account or any part of the TAP Service. You agree to immediately notify TAP of any unauthorised use of your password or account or any other breach of security. You must be at least 18 years of age, or the legal age of where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself. You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update your Registration Data if it changes. If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant TAP all permissions and licenses provided in these Terms.
6. Information and Privacy. When you use your Device and the TAP Service, you provide information about yourself and your company in registration process and you cause information relating to clients to be transmitted to your Computer and to TAP, to be processed and stored by TAP and its affiliated and unaffiliated service providers on servers in Europe and other locations. TAP provides you with notice regarding TAP’s data processing practices in compliance with applicable law and as amended from time to time as the TAP Service or applicable laws evolve and change. If you do not wish to have your data processed by TAP in accordance with TAP’s policies and notices, then you must not use the TAP Service. TAP does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant TAP a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including TAP’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, TAP does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services. Your Content must be accurate and truthful. TAP reserves the right to remove Your Content from the Services if TAP believes in its sole discretion that it violates these Terms. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
6.1 Data Ownership. All ownership of the original data transferred or integrated for the purpose of delivering the TAP Service (“Original Data”) shall remain the sole ownership and exclusive property of the original owner. The recipient receives no right, title or interest in the Original Data. Derived data and derivative works refer to new information generated through analysis and processing of your data (“Derived Data”), and information generated through monitoring your data and your end-users’ use of the TAP Service. For the avoidance of doubt, Derived Data will only include such analytics and reports and will not include any Personal Information and TAP will have no ownership rights in any Personal Information. All ownership of Derived Data shall remain the sole ownership and exclusive property of TAP. For the avoidance of all doubt, you may license the Derived Data. Such licensed Derived Data remains the licensor’s sole and exclusive property, and the recipient receives no right, title, or interest in or to the licensed Derived Data, except to the extent agreed to by the licensor. Upon termination, the licensor is under no ongoing obligation to retain Original Data or Derived Data in TAP unless otherwise explicitly outlined and agreed prior to the termination or expiration of the Agreement.
6.2 The GDPR. TAP warrants that it will meet the requirements of the General Data Protection Regulation (“GDPR”) on its effective date, and agrees: to take appropriate commercially reasonable technical, physical and organisational measure to protect any data from misuse, or accidental, unlawful or unauthorised destruction, loss, alteration, disclosure, acquisition or access; to always use best practices and ensure compliance with the law; to ensure that people processing the data and any sub-processors are subject to a duty of confidence; to cooperate with authorities as required by law; and to notify Client of any and all data breaches, including, without limitation, breaches concerning Confidential Information and/or Personal Information within 24 hours of Company becoming aware of such data breaches.
7. Security. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, modify, reverse-engineer, decompile, disassemble or otherwise tamper with any security technology or software that is part of the TAP Service or is used to monitor or enforce these Terms. TAP may implement digital rights management ("DRM") or other similar security systems that contain measures designed to prevent unauthorised copying of software used with, accessed through or obtained via the TAP Service. You shall not access or attempt to access an Account that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.
If you are a Consumer located in Europe and submitting a credit card for TAP to process your purchase, for purposes of TAP Payment Processing, you are contracting with TAP It Holdings Limited, and if you are a Consumer located in the United States of America and submitting a credit card for TAP to process your purchase, for purposes of TAP Payment Processing, you are contracting with TAP It Events & Technology, Inc.
8. Third Party Materials and Web Sites. Certain content and services available through the TAP Service may include materials from third parties. We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. In addition, TAP may provide links to certain third party web sites or services. TAP is not responsible for examining or evaluating the content or accuracy of any such third party material or web sites. TAP does not warrant or endorse any third party web sites, services or content. TAP does not assume, and will have no liability or responsibility for any third party products, services, content, materials or web sites. Links to other web sites are provided solely as a convenience to you. You agree that you will not use any third party products, services, web sites or other materials in a manner that would infringe or violate the rights of any other party, and that TAP has no liability or responsibility for your use of any third party products, services, web sites or other materials. You agree to defend, indemnify and hold harmless TAP and its affiliates, and their respective officers, directors, employees, agents, and representatives from any and all claims arising out of your use of any third party products, services, web sites, or material of any kind.
9. Intellectual Property
9.1 Ownership. The TAP Service contains proprietary information and material that is owned by TAP and/or its licensors, and is protected by applicable intellectual property and other laws, including, but not limited to, domestic and international copyright laws. TAP and its licensors reserve title, ownership and all rights and interests in the TAP Service, except as expressly licensed in these Terms. You may not use the TAP Service or any information and materials contained therein in any way whatsoever except for use of the TAP Service in compliance with these Terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the TAP Service or the Software or Device, in any manner, nor shall you exploit the TAP Service or the Software or Device in any unauthorised way whatsoever, including, but not limited to trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE TAP SERVICE, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
9.2 Removal of Content or Features. Notwithstanding any other provision of these Terms, TAP and its licensors reserve the right to change, suspend, remove or disable access to any content, features or other materials comprising a part of the TAP Service at any time without notice. In no event will TAP be liable for the removal of or disabling of access to any such content, features or materials. TAP may also impose limits on the use of or access to certain features or portions of the TAP Service, without notice or liability.
9.3 Trademarks. All TAP logos and trademarks used in connection with the TAP Service are trademarks or registered trademarks of TAP in the United Kingdom and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the TAP Service may be the trademarks of their respective owners. TAP does not grant you any right or license with respect to any trademarks.
10. Compliance with Laws. The TAP Service is operated by TAP from its offices in the United Kingdom and other locations. You agree to comply with all laws, statutes and regulations that apply to your use of the TAP Service.
11. Enforcement. TAP reserves the right to take steps that TAP believes are reasonably necessary or appropriate to enforce and verify your compliance with these Terms.
12. Termination. These Terms and all rights and licenses granted herein are effective from the time you accept these Terms until these Terms are terminated. You may terminate these Terms at any time by permanently ceasing your use of the TAP Service and closing your Account, provided that the Terms shall continue to govern any past use the TAP Service and Account. TAP may update, suspend or terminate your use of the TAP Service and Account effective immediately if you breach these Terms or with reasonable notice to you and subject to any warranty claims you may have in case of termination. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of these Terms, will survive termination of these Terms, regardless of the reasons for termination. Upon termination, you agree to cease all use of the TAP Service. If you fail to comply with any of the provisions of these Terms, including, but not limited to, failing to provide TAP with accurate and complete Registration Data, failing to keep your Registration Data private, or infringing or otherwise violating the rights of any third party, TAP, at its sole discretion, without notice to you may: (i) terminate these Terms; (ii) terminate all rights of your Account; and (iii) preclude you from accessing the TAP Service or any part of it.
In the event of termination, you are responsible for all payments due and owing at the time of termination. There will be no reimbursements made for all non-cancelable services and commitments entered into by TAP in connection with the previously agreed delivered.
13. Disclaimer of Warranties and Liability Limitations.
13.1 No Express Warranty in these Terms. In these Terms, TAP does not extend any express warranties, representations or conditions. Your Device may have been accompanied by a warranty statement. If this is the case, you understand and agree that (a) the disclaimers in Sections 13.2 through 13.4 shall not limit or reduce your rights under any separately such separate warranty statements, (b) any warranty statements shall only cover basic functionality of your Device and do not cover the TAP Service as such, and (c) THE WARRANTY PERIOD OR STATUTE OF LIMITATION REGARDING ANY IMPLIED WARRANTIES RELATING TO YOUR DEVICE (I.E., WARRANTIES THAT TAP DOES NOT EXPRESSLY GRANT IN ANY WARRANTY STATEMENT) SHALL BE LIMITED TO THE WARRANTY PERIOD SET FORTH IN THE APPLICABLE WARRANTY STATEMENT, IF AND TO THE MAXIMUM EXTENT SUCH LIMITATION IS PERMISSIBLE UNDER APPLICABLE LAW.
13.2 Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE TAP SERVICE, SOFTWARE, AND DEVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAP PROVIDES THE TAP SERVICE "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT EXPRESS WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, AND TAP HEREBY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE TAP SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAP AND ITS LICENSORS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DEVICE, SOFTWARE OR TAP SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE TAP SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE TAP SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE TAP SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SELLER WILL CREATE A WARRANTY OBLIGATION ON TAP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. THE APPLICATION IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES IN WHICH THE FAILURE OF THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. FURTHER YOU ACKNOWLEDGE THAT TAP'S CONTINUED PROVISION OF THE TAP SERVICE RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND TAP'S CONTROL.
13.3 Disclaimer of Losses And Intrusions. TAP DOES NOT REPRESENT OR GUARANTEE THAT THE TAP SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND TAP DISCLAIMS ANY LIABILITY RELATING THERETO.
13.4 Information. YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IN CONNECTION WITH THE TAP SERVICE IS AT YOUR SOLE RISK. TAP HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAP, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE TAP SERVICE, SOFTWARE OR DEVICE, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR PROPERTY OR POSSESSIONS, WHETHER OR NOT TAP OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY OF THE REMEDY PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
15. Waiver and Indemnity. BY USING THE TAP SERVICE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TAP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE TAP SERVICE, OR ANY ACTION TAKEN BY TAP AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THESE TERMS OF USE HAS OCCURRED.
16. Copyright and other Infringements. You shall not upload any infringing, illegal or inappropriate content or data into the TAP Service. If you believe that TAP or other users of the TAP Service or a Device infringe any of your rights, you shall follow the dispute resolution provisions in these Terms.
17. Dispute Resolution And Binding Arbitration Provision
17.1 Definitions. As used in this Arbitration Provision, the terms "TAP," "we," "us," and "our" refer to TAP, including its subsidiaries and agents; the terms "you" and "your" refer to you as an individual as well as other individuals you allow to access or use the TAP Service or Device, and any legal entity you control, work for, or represent when you access or use the TAP Service or Device. The word "Products" means your access to and/or use of any TAP Service, Device, materials, TAP website, advertisement or promotion and any product, service, or software that you obtain from or through TAP. The word "Claims" means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Products. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision.
17.2 Informal Efforts to Resolve Dispute. If a dispute arises between you and TAP, you should first attempt to resolve it by contacting our Customer Service or by sending the details of your complaint, including your contact information for a response, to the address or contact phone number listed on www.tapitevents.com. We will attempt in good faith to resolve all Claims submitted this way within thirty (30) days of receipt.
17.3 Agreement to Arbitrate; Right to Opt Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in England and Wales if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.
17.4 Arbitration and Exclusion of Class Action or Class Arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of these Terms as a court would. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted.
17.5 Opt Out Provision. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY TAP IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THESE TERMS. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH TAP, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF PRODUCTS TO YOU BY US. IF YOU HAVE PREVIOUSLY NOTIFIED US OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
17.6 Arbitration Process. Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location that is the most convenient for you. The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal as determined by law.
17.7 Confidentiality. You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law. A violation of this section shall be deemed to be a material breach of these Terms of Use.
18. Force Majeure. “Force Majeure” means an event beyond the reasonable control of a party to these Terms of Use including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, or storm. In the event of a Force Majeure Event, TAP is not liable as a result of any delay or failure to perform its obligations under these Terms of Use as a result of such Force Majeure Event.
19.Miscellaneous.
19.1. These Terms constitute the entire agreement between you and TAP relating to the TAP Service and govern your use of the TAP Service and Device and completely replace any prior or contemporaneous agreements between you and TAP regarding your use of the TAP Service and Device.
19.2. The failure of TAP to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision, which will still be available to TAP.
19.3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
19.4. The Terms and any dispute arising out of or in connection with these Terms, the TAP Service or Device shall be governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.
19.5. We may update The Terms from time to time. When we do, we will change the last Effective as of date below to let you know we made a change.
Effective as of: June 5, 2019