TERMS OF PRODUCT/SERVICE- WETAP

Customer hereby Orders from WeTap. A Canadian corporation (hereinafter – the “Supplier”), a formation of a digital web platform and NFC enabled business card and a dispatching service of the Card (hereinafter – the “service”) for the term specified in the Order form against the fees provided on the Order form, all subject to the terms set out below, which are the agreed terms between the parties:

1. The NFC product Order & the Subscription plans (IF ANY)

• The signatory of the Order(s) on behalf of the Customer declares that the Order has been signed by an authorized representative of the Customer to bind the Customer in the Order and its terms of use and service.
• Whether the Customer makes these Orders for himself or for the benefits of a third party, he hereby declares that he is authorized to do so and any other action under this Order on behalf of the person or the entity whose details appear on the Card and the one that the Web-platform is download into his Device.
• The Order is subject to the supplier approval. The Supplier may approve the Order under changes on his/her behalf. The Customer is considered as confirming the changes. The service will be immediately cancelled if customer found with any misleading content on the web platform without any notice and customer will be fully responsible for any consequences or results may occur with that displayed content.
• The Customer undertakes to cooperate with the Supplier as much as necessary in order to modify the Formation Materials to the Web-platform. Customer can customize himself/herself under the guidelines stated in private polices as well as terms of service.
• It is the responsibility of the Customer to own at his expense a device to run the web based platform and connected to a proper cellular network service, which includes internet services, text and calling. All liabilities and expenses involved in purchasing the device and receiving the telecommunication services are the sole responsibility of the Customer.
• It is clarified that the Supplier cannot guarantee the receiving of the card by the recipient, and WeTap does not have any control over the Customer’s Device or NFC product once it is dispatched from our production location. In addition, we do not guarantee the customer’s cellular services, and the recipient’s device connectivity, which may occur outside our stated use guidelines.
• It is the Customer’s responsibility to renew the service term prior to its termination, by making payments to the Supplier in accordance with the Supplier updated tariffs. If not paid on time after few reminders the service will be deactivated without any further notice.

2. Modification/Order Change Policy

• As order placed and if it is in printing product already, NO changes will be allowed to the NFC product(s). It will be dispatched the same way you selected the first time. Else, you need to buy new product and pay for that product.
• The Customer can modify web-platform unlimited times. They can only upload gallery pics up to 3mb size limit only.

3. The NFC embedded product and the Client’s Details

• The Customer warrants that all the Formation Materials, including web links, are the Customer genuine contact information, and that they and their Delivery through the Web-platform and their receipt by the recipient do not violate any law, do not create misrepresentation, do not misleading, and they are not: threatening, defamatory or libelous, obscene, connected to any illegal activity, or may constitute grounds for criminal or civil proceedings, or constitute something which the Customer is not permitted to send, and that they comply with all laws pertaining to display of minors images, as far as minors images appear in the Card.
• The Customer undertakes: that he has all the permissions, licenses, consents in accordance with intellectual property laws and any other law relevant to use in the Formation Materials through the web-platform after taking into account all its performances and characteristics, and that he has paid all the payments required to make this use, or that he will make the payments on the designated dates agreed with the rights holders or anyone on their behalf.
• The Supplier may provide the Customer with a management system regarding the formation of the Card, which may allow the Customer to make changes in the card. The Supplier may not carry out any activities that the management system allows the Customer to carry out by himself. The Supplier may condition the Delivery of the changed Card with its approval of changes.
• Customer is solely responsible for the creation of the card-using supplier’s assigned web platform. If they failed to upload high-resolution files, correct details like social media links, supplier will not be responsible for the working of device correctly. Customer should contact supplier right away if they face any issue related to creating their own cards.
• The use of the details shared by the Supplier does not create any representation by the Supplier regarding the legality of the Formation Materials, their use for forming the card and its Delivery and does not relieve the Customer from being solely responsible for any non-compliance with the law pertaining the Formation Materials and their use.
• If the Customer fails to timely supply proper details to the Supplier, it will not delay the beginning of the service term and will not constitute a ground for payment reduction or refund.
• The Customer undertakes that the details shared are corrected and genuine. The Customer will not make any changes in the NFC product orders after the Supplier, without the prior approval of the Supplier, has approved them.
• The Customer must make available to the Supplier all the details required to process the order and activate his/her card. The Supplier may refrain executing the Delivery or require changes in the Card, if in its opinion the Formation Materials are incompatible with the Supplier’s systems, or do not comply with its policy or are of a poor standard, or are incompatible with any other provision of this Order.
• The Supplier is not responsible for the compatibility of the mobile device or NFC product with any mobile device, which we have not stated in our compatible phone list. Please make sure you check compatible devices list before any purchase.

4. Turnaround time

• The estimated turnaround time to dispatch the card/product is 2-4 business days and shipping may takes additional 2-4 business days within Canada and 5-10 business days outside Canada unless the Supplier has situation out of control in terms of cards out of stock or printing equipment’s are not available. You will be notified within your time frame if there will be any delays in processing your order.
• Supplier do not take any responsibility for shipping delays. That is not under our control. You can also contact directly with shipping company if needed.
• The Supplier shall not be liable for any delay in the performance of his duties as a result of a reason beyond his control,
• The service term shall start on the date order placed and activate your weblink portal.

5. Subscription Payments & Fees

• Payments will be made as specified in the Order.
• The Customer shall bear all costs incurred by the Supplier for collection of the Customer’s payments which were not paid in due time.
• The Supplier may require from the Customer collateral and deposits such as cash advances or credit card, to secure his payments.
• Any taxes or levies or any other mandatory payments applicable to the Order shall be borne by the Customer and will be added to the tariffs set in the Order.
• The Customer waives any right to deduct, offset, suspend, or condition in respect of the payments to the Supplier.
• The Supplier may update its prices at any time by notice to the Customer
• In any case, where the Customer disputes the invoice amount, he undertakes to pay the non-disputed amount, and the mere receipt of this amount by the Supplier does not constitute any waiver of the balance.
• Failure to carry out the Delivery for will not constitute a cause for a refund.

6. Responsibility and Indemnity

• The Customer assumes sole and full responsibility and liability for all financial and legal risks and implications resulting from the use of the service & product.
• The Customer shall indemnify, defend, and hold harmless the Supplier, from and against all costs, damages, losses, and expenses, including reasonable attorneys’ fees and other legal expenses, arising from a third-party claim due to or arising out of any use of the service or any other issue related to the above. The Supplier shall make reasonable efforts to notify the Customer of any such claim made against him. If Customer fails to assume such defense, then the Supplier may defend himself in any manner that he deems appropriate, and the Customer agrees to bear all our costs, including reasonable attorneys’ fees, that the Supplier incurs in effecting such defense in addition to any sum that the Supplier may be required to pay by reason of any settlement or judgment against him. The provisions of this Section, and the indemnity hereunder, shall survive these terms and any performance hereunder.
• The service is provided on an “as-is” basis without any warranty. The supplier do not guarantee that it shall work perfectly, or that it will be available at all times nor that malfunction, disturbance, interruption, loss of information, shutdowns will not occur. The supplier do not guarantee that the service shall be as you intended it to be. The supplier disclaims all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by the site, including, but not limited to, the implied warranties and/or conditions of merchantability or quality and fitness for a particular purpose, suitability, title, non-infringement, lack of viruses or correspondence to description. The supplier do not responsible for any activity the customer with the service or in relation to it.
• The entire risk arising out of the use of the service, is solely the customer. In no event shall we or any of our officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of information, or other pecuniary loss arising out of these terms or the use of the service or inability to use any part of service, or in connection with it, whether based on contract, tort, negligence, strict liability or otherwise even if the supplier has been advised of the possibility of such damages. Notwithstanding anything else in these terms or posted on the site, the maximum liability that the supplier shall has is limited to any amounts actually paid to the supplier by the customer in the past 6 month prior to the first event for which the customer is demanding. The customer acknowledges and agrees that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of these terms) that is an essential basis of the bargain between the parties.
• The Customer is aware that the Delivery is affected by the operation of many different technological systems, most of which are not under the control of the Supplier, and that the Delivery may suffer from wireless interruptions and failure of the relevant cellular providers and mobile devices. In addition, the Customer is aware that the Supplier does not undertake that the Card may appear on any mobile device or any other device or in the proper manner.
• The Supplier may temporarily suspend the operation of the web-platform for maintenance without any obligation to compensate the Customer.
• The Customer undertakes that he has reviewed all the applicable laws regarding “spam” and ensure that the delivery of the messages is not a prohibited action under these laws.

7. Intellectual Property

• All intellectual property rights in the service, the Web-platform, and the Card except in the Formation Materials that the Customer has provided to the Supplier for incorporation on the Card are the Supplier’s sole property, including copyrights, patents and designs, names, logos and trademarks, whether registered or not, trade secrets and business and technological information including the algorithms, text, user interfaces, our logo, visual interfaces, photographs, trademarks, logos, sounds, artwork, structure, “look and feel”, arrangement of the content, methods, systems, databases, web-platforms, graphs, computer codes, designs and graphics (hereinafter: “Intellectual Property”) ).
• The Customer is given permission to send the Card through the Web-platform beyond which the Customer undertakes not to make any use of the Intellectual Property, including copy, distribute, display publicly, reproduce, market, sell, rent, edit, change the design or graphical interface of the web-platform, create derivative works or to make any commercial use of the intellectual property or any part of it, either directly or through a third party, without the prior written consent of the Supplier.
• The Customer is aware that the right of use granted to him in the web-platform is personal, for the purposes of the using the service only, and that when the service term ends, he must remove the Web-platform from the devices he has installed the Web-platform in them.
• Customer’s obligations under this section shall remain in effect at all times.

8. Termination of plan/subscription and Order cancellation

• The Supplier may, without the need to refund the Customer, terminate the service if he ends out that the web-platform does not comply with one or more of the provisions of these terms, or if the Customer has not responded to the Supplier’s email within 2 business days, or if he was required to do so by any authorized authority.
• The Supplier may terminate the service term for his convenience subject to this Order with 30-day advance notice. In this case, the Customer will be refunded for the relative sum paid for the remaining period that was cancelled.
• The Customer declares that he has made the Order for his business needs only.

9. Terms used in above policy

• “The Web-Platform” – a web-platform designed to display the digital business cards in three different plans WeTap basic, WeTap pro and WeTap for events. This must be download to the Customer’s devices such as mobile phone, tablet/ipad or computer, and will allow quick access options like call, SMS, email, website, social media platforms, which the Customer is subscribe to.
• “The card/product” – a NFC enabled card/product formed by the Supplier for the Customer based on the Formation Materials.
• “Delivery/Shipping” – means the delivery/Shipping of the Card or product customer ordered from WeTap website(s).
• “Formation Materials” or “details” means the materials transferred by the Customer to the Supplier for the formation of the business card or any other product requested, including personal details, contact information, location and images.
• “The Order” an order from the Customer to the Supplier for use card formation, product printing & the use of the web-platform.
• “Device” – the Customer’s mobile, tablet/ipad or laptop.

10. Changes to this Terms & conditions

• We may amend this Policy from time to time. Use of Personal Information we collect is subject to the Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Websites sending you an email prior to the change becoming effective. You are bound by any changes to the Policy when you use the Services after such changes have been first posted.

11. Contact Us

• If you would like to: access, correct, amend or delete any Personal Information we have about you, register a complaint, or simply want more information contact our Privacy Compliance email us at: Info@WeTap.ca or visit: WeTap.ca