Terms of service

DEFINITIONS

“Australian Consumer Law” means schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Company” means Tap 4 Good Pty Ltd (ABN 29 683 918 649), its successors and assigns or any person acting on behalf of and with authority of Tap 4 Good Pty Ltd.
“Customer” means the person, company or entity purchasing the Goods or Services supplied by the Company.
“GST” means Goods and Services Tax arising pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“GST Rate” means the rate at which GST law from time to time imposes or levies GST on the Taxable Supply or relevant supply.
“Goods” means goods that are sold or leased by the Company to the Customer, including without limitation, the Units.
“Indirect and Consequential loss or damage” means loss or damage that cannot reasonably be considered to arise naturally from a breach (including but not limited to loss of revenue or profit or loss of business).
“Intellectual Property Rights” means all intellectual property rights including all hardware and software in or associated with any of the Goods, Services or the Website, patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in designs, database rights, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Nayax” means Nayax AU Pty Ltd (ACN 615 300 402) (and/or related parties of Nayax), which is the provider of cashless payment solutions.
“Nayax Merchant Agreement” means the merchant agreement between the Customer and Nayax.
“PPSA” means the Personal Properties Securities Act 2009 (Cth).
“PPSR” means the register established under the PPSA.
“Price” shall mean the cost of the Goods or Services as determined in accordance with the Quote or set out on the Website.
"Quote" means the quote document/email from the Company setting out the Goods or Services, the total price and the timeframe for completion of product orders.
“Services” means the services provided by the Company to the Customer.
“Tax” means all forms of taxation, duties, imposts, fees, levies, withholding or deduction including income tax, fringe benefits tax, goods and services tax, withholding tax, capital gains tax, stamp duty, or any other similar connection with any tax.
“Taxable Supply” means any supply of Goods or services which is or becomes subject to GST.
“Terms” means these terms of trade.
“Units” means Nayax’s cashless payment devices and all ancillary goods.
“Website” means https://tapforgood.com.au/ and any other related website owned by the Company including, but not limited to, www.tapforgood.com.au, www.tapforgood.au and www.tap4good.com.au.

APPLICATION OF TERMS OF TRADE

These Terms shall apply to and govern the supply of Goods and Services by the Company to the Customer unless otherwise agreed in writing.
At any time before acceptance as provided in clause 3, the Company may amend, vary or add to these Terms with effect from the date of notification to the Customer.
The Customer acknowledges that the Customer has read these Terms each time the Customer places an order, pays for Goods or accesses the Website.

ACCEPTANCE

Acceptance of these Terms will be deemed once:

the Customer replies with confirmation/acceptance of the detail provided in the Quote; or
the Customer purchases and pays for Goods or Services from the Website.

The Customer acknowledges that they rely on these Terms and not any representations or warranties made by the Company prior to, or at the time of, entering into this Agreement.
The Company reserves the right to accept or reject the Customer’s order for any reason at any time without limitation.
The Customer acknowledges and agrees that the Company will not be required to provide any Goods or Services to the Customer if the Customer has not satisfied Nayax’s AML/CTF onboarding process.
In the event that the Company rejects the Customer’s order, the Company will notify the Customer of that rejection and the reason for rejection via email. The Company will not be liable to the Customer for the Customer’s loss or that of any third party for the rejection of an order.
Where the Company rejects an order and the payment for the Goods has already been processed, the Company will refund any money paid to the Company in respect of that order and make reasonable endeavours to process the refund within ten (10) business days. The Customer’s receipt of the refund will depend on the period of time it takes the Customer’s financial institution to finalise the refund. The Company is not liable with respect to any loss, damage, cost or expense that the Customer or any third party incurs as a result of any delay in processing the Customer’s refund.

QUOTATION AND PRICE

If a Quote is given by the Company for the Goods or Services:

Unless otherwise communicated to the Customer in writing, the Quote shall be valid for fourteen (14) days from the date of issue; and
At any time before acceptance as provided in clause 3, the Company reserves the right to alter the Quote because of circumstances beyond its control; and
subject to the above, the Price payable is the amount in the Quote.

If an order is placed for the provision of Goods or Services by the Customer through the Website, the Price payable is the amount specified on the Website.
The Customer acknowledges and agrees that:

there are additional fees and charges from Nayax which will be payable by the Customer;
the Customer has been made aware of the additional fees and charges and the Customer accepts the additional fees and charges as set out on the Website;
Nayax may change the additional fees and charges in its sole discretion from time to time and the Company will use its best endeavours to notify the Customer promptly of any changes to the additional fees and charges, when the Company becomes aware of the changes;
should Nayax change the additional fees and charges, the Company will not be liable to the Customer with respect to any loss, damage, cost or expense incurred as a result of the change to the additional fees and charges; and
the applicable delivery fees and charges for the Goods are set out on the Quote or on the Website’s checkout page.

To view the additional fees and charges, please click here.
Stated or quoted Prices are exclusive of GST.

PAYMENT

Unless otherwise agreed with the Company and set out on the Quote, the Company requires payment of its invoice and receipt of payment in full, prior to allocating the Goods for shipment or performing the Services.
Payment will be made by direct credit, or via the Website, or by any other method as agreed to between the Customer and the Company.
Any expenses, disbursements and legal costs incurred by the Company in the enforcement of any rights contained in these Terms shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
The Customer acknowledges and agrees that the Customer may be charged surcharges subject to the payment method used by the Customer, which is set out in the Customer’s Nayax Merchant Agreement.

This clause applies if GST is imposed on any Goods or Services supplied to the Customer under these Terms.
Unless expressly stated otherwise, all consideration to be provided under these Terms is expressed as exclusive of GST.
The Customer must pay GST on the Taxable Supply to the Company of an amount equal to the GST exclusive consideration multiplied by the GST Rate.
GST will be payable by the Customer without any deduction or set off for any other amount at the same time as the GST exclusive consideration is payable. In all other respects, GST will be payable by the Customer to the Company upon the same basis as the GST exclusive consideration is payable by the Customer under these Terms.
The Company will issue an invoice or invoices to the Customer for the amount of GST referrable to the Taxable Supply. The Company will include in any such invoice such particulars as are required in order that the Customer may obtain an input tax credit for the amount of GST payable on the Taxable Supply.
If any part of the consideration is referrable to both a Taxable Supply and anything that is not a Taxable Supply, the amount of GST payable by the Customer will be determined by the Company and will be the same amount of GST that would be payable if the Taxable Supply were the only supply made to the Customer.
If the Customer defaults on any payment on the due date of any amount payable under these Terms, then without prejudice to any other remedies, the Customer will pay the Company upon demand, an amount equal to the amount of any damages, or interest, or additional GST that may become payable by the Company arising out of the Customer’s default.

PROVISION OF GOODS

The Company is engaged by Nayax as a re-seller of the Units.
The Company will endeavour to dispatch the Goods within the timeframes requested by the Customer (if any) or indicated by the Company on the Quote, but dispatch time shall not be of the essence.
The Goods are delivered by a third party courier contracted to undertake delivery of the Goods on the Company’s behalf to the Customer and are delivered only to the Customer’s nominated address.
The Company may deliver the Goods by separate installments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these Terms.
Any time specified by the Company (if any) for dispatch of the Goods is an estimate only and the Company will not be liable for any loss or damage incurred by the Customer as a result of delayed dispatch. Any time specified by the Company (if any) for delivery of the Goods by the third party courier is an estimate only. However, both parties agree that they shall make every endeavour to enable the Goods to be supplied at the time and place as was arranged between both parties.
The Customer acknowledges and agrees that:

the Company cannot guarantee that delivery will occur within the estimated delivery time frames provided by the third party couriers;
delivery time frames are subject to third party courier estimates and may change from time to time due to unforeseen circumstances; and
delivery fees are non-refundable.

Unless otherwise agreed in writing by the Customer and the Company, the delivery of the Goods will take place at:

the address set out in the Quote; or
as provided by the Customer via the online order on the Website.

Provided that the Company delivers the Goods to the address set out in the Quote (or any other address agreed between the Customer and the Company), then the Goods will be deemed to have been delivered and the Company will not be liable to the Customer for the non-delivery of the Goods. The Company does not have to satisfy itself that the person who accepts delivery at the given address is the Customer (or authorised by the Customer to accept delivery of the Goods). If the details provided to the Company are incorrect and delivery is required to be changed when in transit, then the Customer will be responsible for any redelivery or redirection costs.
Upon delivery of the Goods, the Customer is responsible for inspecting the Goods and checking that the Goods delivered match the Goods ordered by the Customer. If there is obvious damage to the Goods, the Customer must contact the Company immediately or within seven (7) days of the date the Goods are delivered to the Customer.
The Company may in its absolute discretion refuse to provide the Goods in the event that:

the Goods are unavailable for any reason whatsoever; or
payment for Goods previously provided to the Customer or any of the Customer’s related parties or to any other party who is, in the Company’s reasonable opinion, associated with the Customer under the same or another agreement, has not been received by the Company.

TITLE AND RISK

Where payment is made by the Customer prior to the Goods being allocated for shipment, title and risk in the Goods will pass to the Customer upon the Goods leaving the Company’s warehouse for delivery.
Where the Company agrees in writing that payment will be made after delivery of the Goods to the Customer:

risk in the Goods will pass to the Customer upon the Goods leaving the Company’s warehouse for delivery; and
title shall not pass until full payment has been made and until full payment has been made, the Customer shall hold the Goods as bailee for the Company (returning the same to the Company upon request).

Until title of the Goods is passed to the Customer, the Customer must:

store and hold the Goods (at no cost to the Company) separately from all of the Customer’s other property or those of any third party in such a way that the Goods remain readily identifiable as the Company’s property;
not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
not use, alter or resell the Goods; and
maintain the Goods in a satisfactory condition in their original packaging and take reasonable care of them.

The Customer grants the Company, its agents, and employees, an irrevocable license at any time to enter any premises where the Goods are or may be stored in order to inspect them or, where the Customer’s right to possession has terminated, to recover them and to use reasonable force in doing so.

WARRANTY

The Customer acknowledges that the Goods are not manufactured by the Company.
No guarantee or warranty is given, and no obligation incurred by the Company in respect of the Goods other than consistent with the benefit of any guarantee or warranty given to the Company by the manufacturer of the Goods.
Subject to clause 10, unless otherwise advised on the Quote, the Customer shall have a 24 month ‘back to base’ warranty on the Units.
The Customer warrants that:

all information the Customer has given, or will give, to the Company is or will be true, accurate, comprehensive and not misleading in any material respect; and
the Customer will perform its responsibilities and obligations under these Terms with all due care and consideration.

The Customer acknowledges and agrees that:

the Company’s performance of its obligations under these Terms is dependent on the Customer carrying out its obligations as set out in this clause;
the Company is not responsible for any delay or other consequence that results from the Customer’s failure to perform any of its responsibilities and obligations under these Terms;
the Customer must not resell any Goods without the prior written consent of the Company; and
to the fullest extent permitted by law, all warranties, conditions, representations and liabilities are excluded, including any implied by statute.

INDEMNITY AND LIMITATION OF LIABILITY

The Customer indemnifies the Company and agrees to keep the Company indemnified from any and all claims, loss, damages, penalties, suits, demands, liabilities and expenses (including legal costs and expenses) howsoever arising from or in any way connected to the Customer (directly or indirectly) in respect of:

the Customer’s breach of these Terms;
the Customer’s failure to comply with any laws, rules, standards, regulations, or instructions applicable in relation to the Goods or the use of the Goods; and
any negligence or breach of duty by the Customer in relation to the Goods or the use of the Goods.

The Customer agrees that the use of the Goods is at the Customer’s own risk.
All information and specifications provided by the Company in relation to the Goods are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations, or slight variations from them which do not substantially affect the Customer’s use of the Goods will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
The Company, its agents, sub-agents, officers, directors, related entities, employees, and representatives will not be liable for any direct, indirect, incidental, consequential, claim, loss (including loss of profits, loss of data and loss of business opportunity), damage, injury, death, or any act, omission, or default by the Customer or any other persons, or claims made against the Customer arising out of or in relation to these Terms or the supply of the Goods or Services by the Company, whether or not such loss or damage was foreseeable or foreseen by either party.
The Company is discharged from all liability in respect of the Goods or Services, whether under the law of contract, tort, statute, or otherwise and the Customer will not be entitled to commence any action or claim whatsoever against the Company, its agents, sub-agents, officers, directors, related entities, employees and representatives in respect of the Goods or Services.
The Australian Consumer Law may give the Customer certain guarantees. Where liability for breach of any such guarantee can be limited, the Company’s maximum liability (if any) arising from any breach of those guarantees is limited with respect to the supply of Goods or Services, to the (at the election of the Company):

replacement of the Goods;
refund of the value of the invoice provided to the Customer by the Company in relation to the specific Goods provided to the Customer in question; or
the reperformance of the Services.

The obligations under this clause will survive the termination of these Terms and any amendments hereafter.
The Company shall have no liability to the Customer in respect of any defect arising from misuse, wilful damage, negligence, failure to follow instructions, unauthorised alteration or modification, abnormal working conditions or fair wear and tear.
The Company shall have no liability arising from, and may correct at any time, any typographical, clerical or other error or omission in any sales literature, price list, quotation, invoice, communication or other document or information issued by it.
Notwithstanding any provision in these Terms to the contrary, the Company shall have no liability for any Indirect or Consequential losses or damages.

For the avoidance of doubt, the Company shall have no liability whatsoever to the Customer in relation to the software/back end processing in relation to payments. The Company’s obligations are limited to supply of Goods only.

TECHNICAL SUPPORT

While the Customer has an active account with Nayax, the Company will provide support to the Customer in relation to troubleshooting any technical issues arising from connection of the Units. Nayax may also assist with support.

FORCE MAJEURE

The Customer accepts the Company cannot be held liable for failure, delay, loss or damage in circumstances of force majeure, including but not limited to act of God, war, terrorism, fire, flood, pandemic, government-imposed restrictions or other events beyond the Company’s control.
Nothing in this clause shall excuse payment of any amount owing by the Customer.
All warranties, conditions, and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

INTELLECTUAL PROPERTY

Content and information provided on and through the Website, including, without limitation, any of the Company’s or Nayax’s logos, trade marks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Website, are the copyrighted and/or trade marked work of the Company or Nayax and/or the Company’s affiliates and/or licensors.
Use of the Website does not grant any rights and/or any license whatsoever to intellectual property of the Company and/or that of third parties.
Other than the rights expressly granted to the Customer under these Terms, no other rights or interest whatsoever in any of the Goods are transferred or granted to the Customer.
Without limiting the foregoing, the Customer agrees not to:

make any warranties and representations concerning the Company or the Goods;
make any use of the Company’s Intellectual Property Rights, except as explicitly authorised under these Terms;
provide any Intellectual Property Rights or copies thereof to any third party;
take any action, or allow any third party to take any action in contravention of any Intellectual Property Rights belonging to Nayax;
use the Goods for any purpose other than the purposes specified under these Terms; or
copy any of the Goods or develop any derivative works thereof.

TERMS AND CONDITIONS TO PREVAIL

No alteration or variation of these Terms will be binding on the Company unless authorised by the Company in writing.

SEVERANCE

Should these Terms or any part of them be held by a Court to be ineffective by virtue of non-registration, illegality or otherwise, such term or part of it may, in the Company’s sole discretion, be severed from the rest without affecting the validity or enforceability of the remaining terms.

WAIVER

The delay or failure by the Company to enforce its rights at any time or for any period in relation to any one or more of these Terms shall not be a waiver of them or of the right at any time subsequently to enforce these Terms.

DISPUTES

If any dispute shall arise touching the construction or interpretation of any of these Terms or in regard to the rights and obligations of the parties generally (save for where the default by the Customer of these Terms is not in doubt), the parties shall negotiate in good faith to settle the dispute.
If the dispute cannot be resolved by agreement within 30 days of the dispute arising by either party providing written notice to the other or within such longer period as the parties agree, then any party can, by written notice to the other sent any time, set out the details of the dispute and nominate a resolution and serve such notice on the other party.
If the dispute has not been resolved within five (5) business days of the written notice referred to in clause 17.2, the parties will appoint, by mutual agreement, a mediator to assist in the resolution of the dispute.
The parties agree to co-operate with the mediator in all procedural steps necessary to constitute the mediation and to participate in a bona-fide discussion with the assistance of the mediator in seeking to agree on a resolution of the dispute.
If the parties cannot agree on a mediator, the legal representative of the Company will appoint a mediator and clause 17.4 will continue to apply.

PRIVACY AND INFORMATION COLLECTION

Where the Privacy Act 1988 (Cth) applies, the Customer authorises the Company to collect and hold personal information given to it by the Customer or obtained from any other source the Company considers appropriate. The personal information will be used for the purposes of providing the Goods or Services, for communicating promotional information, for debt collection purposes, or for any other related purpose. The information obtained will only be held for as long as is deemed relevant by the Company. The Customer understands that it has a right of access and may request correction of personal information held by the Company about the Customer.
Use of information the Customer has provided to the Company or which the Company has collected and retained relating to the Customer’s use of the Website and/or Goods or Services is governed by the Company’s Privacy Policy, in accordance with all applicable laws and regulations.
By using this Website and the Goods or Services associated with this Website, the Customer is agreeing to the Company’s Privacy Policy.
To view the Company’s Privacy Policy and read more about why the Company collects personal information from the Customer and how the Company uses that information, please click here.

CONFIDENTIALITY

All personal information the Customer provides to the Company will be dealt with in a confidential manner and in accordance with the Company’s Privacy Policy. The Company will use its best endeavours to keep such personal information securely protected.
The Company agrees not to disclose, disseminate or use the Customer’s personal information in any way other than stated in the Company’s Privacy Policy.

Due to circumstances outside of the Company’s control, the Company cannot guarantee that all aspects of the Customer’s use of the Website will be confidential due to the potential ability of third parties to intercept and access such information.

ENTIRE AGREEMENT

To the extent permitted by law in relation to the subject matter of these Terms, these Terms and any order made pursuant to these Terms embody the entire understanding of the parties and constitute the entire terms agreed on between the parties and supersede any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.

NOTICES

Any notice, document, request, demand or other communication to be given for the purposes of these Terms are to be in writing and may be served personally or sent by mail or email to the address of the receiving party noted on the Quote.
For the purposes of these Terms, notices can be sent to the Company:

by email to: info@tapforgood.com.au; or
to any other address that the Company may notify to the Customer in writing.

JURISDICTION

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in New South Wales, Australia.
The Customer irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
The Company retains the right to bring proceedings against the Customer for breach of these Terms, in the Customer’s country of residence or any other appropriate country or jurisdiction.

Your cart is empty

Your cart

Estimated total

Terms of service