1. Your Agreement
TapNow is primarily intended for those who access it from within Hong Kong. Because of this we cannot guarantee that TapNow or the information thereon complies with law or regulation of other countries/regions, or is appropriate for use, in other places. You are wholly responsible for use of TapNow by any person using your computer and you must ensure that any such person complies with these Terms.
The information provided on TapNow is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation.
3. Access and Use of the Services
TapNow, the domain name (www.tapnow.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by TapNow in connection therewith are owned and operated by TapNow.
If you link to the TapNow Platform, TapNow may revoke your rights to so link at any time, at TapNow’s sole discretion. TapNow reserves the right to require prior written consent before linking/accessing/logging in to the TapNow Platform.
4. TapNow Platform and Content
If TapNow agrees to grant you access to the TapNow Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the TapNow Platform in accordance with this Terms and Use. TapNow may, at its absolute and sole discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from or of the TapNow Platform.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in TapNow and the Content accessed through the TapNow Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, apply, make an adaption of, make available copies of or otherwise exploit for any purposes whatsoever the TapNow Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners or licencee, or in any way that violates or infringes any third party rights. TapNow cannot guarantee the identity of any other users with whom you may interact with in the course of using the TapNow Platform.
TapNow cannot guarantee the completeness, authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the TapNow Platform is at your own risk and you will be solely responsible for any damage or loss to yourself and/or any party resulting therefrom.
Under no circumstances will TapNow be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the TapNow Platform.
We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the TapNow Platform to provide you the best experience and may test different default sort order algorithms from time to time. Under no circumstances will TapNow be liable in any way for any sorting and filter settings on the TapNow Platform, including but not limited to any errors or omissions in any sorting and filter settings on the TapNow Platform, or any loss or damage of any kind incurred in connection with the use of any sorting and filter settings on the TapNow Platform.
5. Intellectual Property Rights
All intellectual property rights subsisting in respect of the TapNow Platform belong to TapNow or have been licensed to TapNow for use on the TapNow Platform. The TapNow Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of TapNow and the Content, software, materials, or the Services in whole or in part;
(b) You shall only download or copy the Content (and other items displayed on TapNow or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and
(c) You shall not store any significant portion of any Content in any form. Copying,storing or making available copies of any Content other than for personal and non-commercial use is expressly prohibited without prior written permission or licence from TapNow or from the copyright holder identified in the copyright notices contained in such Content.
6. User Submissions
In the course of accessing TapNow or using the Services, you may provide information which may be used by TapNow and/or the Operators in connection with the Services and which may be visible to other users of the TapNow Platform. You understand that by posting information or content on TapNow or otherwise providing content, materials or information to TapNow and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to TapNow and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisting thereon, whether or not in connection with providing the Services and operating the TapNow Platform and TapNow’s business, including but not limited to the promotion and redistribution of part or all of the Services, and derivative works thereof in any media formats and through any media channels;
(d) You acknowledge and agree that TapNow retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license granted to TapNow does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing;
(e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and
(f) That all the User Submissions publicly posted or privately transmitted through the TapNow Platform is the sole responsibility of you and that TapNow will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
You represent, warrant and undertake to TapNow that you will not provide any User Submissions or otherwise use the TapNow Platform or the Services in a manner that:
(a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or
(b) Violates any law, statute, ordinance or regulation; or
(c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or
(d) Involves commercial activities and/or sales without TapNow’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of TapNow; or
(f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
TapNow reserves the right to remove any User Submissions from this TapNow Platform at any time without notice, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if TapNow is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the TapNow Platform.
You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the TapNow Platform. You represent, warrant and undertake to TapNow that:
(b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or TapNow’s use of the User Submissions, or any portion thereof, on or through the TapNow Platform and/or the Services will infringe, misappropriate or violate any 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, rule or regulation.
You are responsible for all of your activity in connection with using the TapNow Platform and/or the Services. You further represent, warrant and undertake to TapNow that you shall not:
(a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the TapNow Platform and/or the Services; or
(b) sell or resell any products, services or reservation obtained from or via the TapNow Platform;
(c) use the TapNow Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand;
(d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the TapNow Platform; or
(e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or
(f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the TapNow Platform, or any processes that run or are activated while you are not logged on to the TapNow Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the TapNow Platform’s infrastructure; or
(g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the TapNow Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of TapNow Platform.
You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the TapNow Platform and/or the Services.
8. Registration and Security
In the course of using the Services, you may be required to open and maintain an account with TapNow (“TapNow Account”).
As a condition to using some aspects of the Services, you may be required to register with TapNow and select a password and user name (“TapNow User ID”). If you are accessing the Services through a Third Party Website or service, TapNow may require that your TapNow User ID be the same as your user name for such Third Party Website or service.
You represent that you shall not: (a) Select or use as a TapNow User ID a name of another person with the intent to impersonate that person; or (b) Use as a TapNow User ID a name subject to any rights of a person other than you without appropriate authorization.
TapNow reserves the right to refuse registration of or to cancel a TapNow Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password and you shall be liable for any loss and/or damage for any unauthorized access to your TapNow Account
9. Reviews - Further correspondence - Rights to User Content
By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form (optional) which we will send to you after you finish a booking or a relevant activity. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant page on the TapNow Platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded TapNow credits, which may be used towards your next booking subject to terms and conditions which may be amended or modified from time to time. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of TapNow credits. TapNow further reserves the right to deduct any credits directly from your TapNow account without prior notice.
By posting a review, you grant TapNow the full, perpetual, free, transferable and irrevocable rights to all submitted user content. TapNow reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion at any time without notice.
You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
▪️ you own and control all of the rights to the user content that you register, provide, submit, post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the TapNow Platform;
▪️ such user content is accurate and not misleading; and
Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the TapNow Platform is solely for reference only. Actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
Through the TapNow Platform, you may purchase vouchers from TapNow for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher and/or other required documents or information as may be required. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither TapNow nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
You may cancel your Voucher by contacting TapNow customer service within the cancelation period, as stated at the time of purchase on the TapNow Platform. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
The Operator, not TapNow, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the TapNow Platform at the time prior to purchase.
If an Event which you have purchased a Voucher for is canceled by the Operator, TapNow will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.6 Additional Charges
10.7 Modifications to Charges
TapNow reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the TapNow Platform. Your use, or continued use, of the Services offered by TapNow following such notification constitutes your acceptance of any new or revised fees or charges.
10.8 TapNow’s Rights and Obligations
TapNow reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy and/or the laws of Hong Kong. Such a determination is at TapNow’s sole discretion.
TapNow intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the bestprice.
Whilst the Operators are required to provide TapNow with accurate and updated prices of the Services on the TapNow Platform, TapNow cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
The above terms and conditions and return policies are applicable to all TapNow users worldwide to the fullest extent permissible by the applicable laws in the relevant jurisdiction.
11. TapNow Coupons
TapNow Coupons are coupons (with a one-time use and will not be returned if used) that will be sent to your designated email address or applied directly to your TapNow Account, which may be used in exchange for discounts of future bookings on the TapNow Booking Platform. For the avoidance of doubt, once you have used the TapNow Coupons on the TapNow Booking Platform, such TapNow Coupons will not be returned or refunded under any circumstances.
(a) Termination of your TapNow Account with immediate effect; or
(b) Cancelation of all TapNow Coupons as previously accrued; or
(c) Refusal of the provision of the Services to you; or
(d) Any other measures as deemed appropriate by TapNow at its sole discretion.
12. TapNow Referral Program On certain
TapNow sites, TapNow may offer members the chance to earn TapNow Coupons, when they invite friends to become members of a TapNow siteand those friends make a confirmed booking through an authorized TapNow invitation channel (“TapNow Authorized Channel”) (e.g. an invitation sent through the TapNow Platform, Facebook or another social media channel as supported by TapNow).
You may only earn TapNow Coupons via TapNow’s authorized member invite mechanisms. Referrals outside of TapNow Authorized Channel will not result in any TapNow Coupons. You understand that TapNow Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
You will only receive TapNow Coupons for the first confirmed booking made by a friend who makes his or her first booking on the TapNow Sites and subsequently completes his or her first booking as a result of an invite from you via a TapNow Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive TapNow Coupons, and TapNow will have no liability to you for your friend’s failure to follow directions.
You must not conduct your own promotion in connection with the TapNow Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of TapNow, including the use of any trademarks of TapNow.
TapNow Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on the TapNow Platform.
TapNow reserves the right to modify the values and rewards of the TapNow Referral Program based on each user's activity. TapNow Referral Program is void where prohibited by law.
TapNow reserves the right to modify or terminate the TapNow Referral Program at any time. Should there be any tax liability for the accumulation and/or use of TapNow Coupons, such taxes are the sole responsibility of the participant. You understand that your TapNow Account may not accurately reflect the TapNow Coupons you have actually earned. TapNow will have no liability whatsoever for any errors displayed in your TapNow Account.
TapNow may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of TapNow without TapNow’s prior written approval. TapNow reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
15. Disclaimers and Limitation of Liability
TapNow has no special relationship with or fiduciary duty to you for accessing and using the TapNow Platform, the Services and the Content. You acknowledge that TapNow has no control over, and no duty to take any action regarding:
(a) Which users gain access to this TapNow Platform;
(b) What content you access via the TapNow Platform;
(c) What effects the Content may have on you;
(d) How you may interpret or use the Content; and
(e) What actions you may take as a result of having been exposed to the Content.
You acknowledge and agree that the Operators may offer the Services on the TapNow Platform, and that suggestions or recommendations may be given by the Operators or Users of the TapNow Platform. TapNow makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the TapNow Platform.
In no event will TapNow, the TapNow Platform, or any of TapNow’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from:
(a) This TapNow Platform; or
(d) Use of the TapNow Platform, tools or Services we provide related to the business we operate on the TapNow Platform by you or any third party; or
(e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
These limitations and exclusions apply without regard to whether the damages arise from:
(a) Breach of contract; or
(b) Breach of warranty; or
(c) Strict liability; or
(d) Tort; or
(e) Negligence; or
(f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
This TapNow Platform, including all content, software, functions, materials and information made available on or accessed through the TapNow Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, TapNow makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the TapNow Platformor the materials, information and functions made accessible through the TapNow Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the TapNow Platform, or for Operator’s ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
You acknowledge and agree that you will not hold or seek to hold TapNow responsible for the content provided by any Operator or third party and you further acknowledge and agree that TapNow is not a party to any transaction in relation to the Services provided by any Operator or third party. TapNow has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the TapNow Platform.
In any event, to the fullest extent permissible by the applicable law, TapNow’s liability, and the liability of any member of TapNow, to you or any third party in any circumstance arising out of or in connection with the TapNow Platform is limited to the greater of: (a) The amount of fees you paid to TapNow in the twelve months immediately prior to the action giving rise to liability; or (b) Hong Kong Dollars 500.00 in the aggregate for all claims.
16. Interaction with Third Parties
This TapNow Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by TapNow, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by TapNow of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
TapNow has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, TapNow will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold TapNow harmless from any and all liability arising from your use of any Third Party Website.
Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that TapNow shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TapNow is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release TapNow, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
18. Passports, Visas, Documents, Licenses & Insurances
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
As visa and health requirements are subject to changes without notice, TapNow recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
19.Contracts (Rights of Third Parties) Ordinance