Terms & Conditions
Last updated: Date
These Website Terms & Conditions (the Terms) form a legally binding agreement between: A2 SQUARE PTY LTD (ACN 683 920 390) of Bankstown NSW 2200 (we, us, our), trading as Tap Ease; and You, being any individual or entity that accesses, registers for, or uses the Tap Ease website, platform, EFTPOS terminals or related services.
By clicking "I agree", creating an account, using the Tap Ease website, activating a terminal, or continuing to access or use any Tap Ease services, you confirm that you have read, understood and agree to be legally bound by these Terms.
1. Definitions and Interpretation
In these Terms, unless the context requires otherwise: Account means a user account created on the Tap Ease platform. Associated Policies means the Privacy Policy, Acceptable Use Policy, Refund & Chargeback Policy, Compliance & AML Policy, Fees & Charges Policy, and any other policy published by us from time to time. Services means access to Tap Ease payment terminals, website, administrative tools, reporting, and related support services. Terminal means any EFTPOS or payment device supplied, arranged or supported by Tap Ease. User means any person or entity who registers for, accesses or uses the Services.
Headings are for convenience only and do not affect interpretation. References to legislation include amendments and replacements.
2. Acceptance and Electronic Contract Formation
2.1 These Terms constitute a legally binding electronic contract.
2.2 Acceptance occurs when you: (a) click an acceptance button; (b) create or use an Account; (c) activate or use a Terminal; or (d) otherwise access or continue to use the Services.
2.3 You warrant that you have the legal capacity and authority to enter into these Terms.
3. Scope of Services
3.1 Tap Ease provides access to payment terminals and related administrative and support services only.
3.2 We do not: (a) provide transport services; (b) act as your employer, agent, partner or fiduciary; (c) guarantee transaction approval, settlement times or uninterrupted availability.
3.3 All card acquiring, settlement, chargeback processing and merchant services are provided by third-party financial institutions or processors.
4. Eligibility and Registration
4.1 You must: (a) be at least 18 years of age; (b) provide accurate and complete information; (c) comply with all applicable laws and industry requirements.
4.2 We may refuse, suspend or cancel registration at our absolute discretion.
5. Incorporation of Policies (Critical Clause)
5.1 These Terms incorporate by reference and form part of this Agreement the Associated Policies, as amended from time to time.
5.2 By accepting these Terms, you agree to be bound by all Associated Policies.
5.3 In the event of any inconsistency, these Terms prevail unless expressly stated otherwise.
6. Fees
6.1 Fees and charges applicable to the Services are set out in the Fees & Charges Policy.
6.2 We may vary fees in accordance with that policy.
7. Suspension, Withholding and Termination
7.1 We may, without notice: (a) suspend or terminate your Account; (b) restrict access to Services; (c) withhold or delay settlements; (d) require additional information or verification.
7.2 These rights may be exercised where we identify risk, suspected misuse, regulatory concern, non-compliance, or breach of these Terms or any Associated Policy.
8. Disclaimers
8.1 Services are provided on an "as is" and "as available" basis.
8.2 To the maximum extent permitted by law, we exclude all warranties, representations and guarantees.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, we are not liable for any indirect, consequential, incidental or economic loss.
9.2 Our aggregate liability is limited to the fees paid by you to us in the preceding 3 months.
10. Indemnity
You indemnify us against all loss, damage, claims, penalties and expenses arising from your breach of these Terms, misuse of the Services, or violation of law.
11. Regulatory Cooperation
You acknowledge that we may cooperate with banks, regulators, law enforcement agencies and other authorities and may disclose information as required by law.
12. Governing Law and Jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.
13. General
13.1 We may amend these Terms by publishing an updated version on our website.
13.2 Continued use constitutes acceptance of amended Terms.
13.3 If any provision is invalid or unenforceable, the remainder continues in force.
By proceeding, you confirm that you have read, understood and agree to these Terms.