Tap to Pay Terms & Conditions

TAP TO PAY SERVICE

TERMS AND CONDITIONS

Last Updated: February 25, 2025

1. INTRODUCTION

Welcome to Tap to Pay (the "Service"). These Terms and Conditions ("Terms") govern your use of our mobile payment service that allows you to accept contactless payments using your compatible device. By registering for, accessing, or using the Service, you agree to be bound by these Terms.

2. DEFINITIONS

  • "Account" means your Tap to Pay merchant account.
  • "Applicable Laws" means all laws, regulations, and rules applicable to the use of payment services in your jurisdiction.
  • "Card Network" means payment card networks such as Visa, Mastercard, American Express, and Discover.
  • "Cardholder" means a person who uses a payment card to make a purchase through the Service.
  • "Device" means your compatible smartphone or tablet used to access the Service.
  • "Transaction" means a payment processing event using the Service.

3. ELIGIBILITY AND REGISTRATION

3.1 Eligibility Requirements

To use the Service, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction
  • Have a compatible Device
  • Maintain a valid bank account for settlements
  • Comply with all verification procedures
  • Operate a legitimate business in compliance with Applicable Laws

3.2 Account Registration

You must provide complete and accurate information when registering for an Account. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

4. SERVICE DESCRIPTION

4.1 Payment Acceptance

The Service enables you to accept contactless payments from debit cards, credit cards, and digital wallets through your Device.

4.2 Transaction Processing

We will process Transactions in accordance with Card Network rules and Applicable Laws. You acknowledge that we may decline to process Transactions that appear fraudulent, suspicious, or in violation of these Terms.

4.3 Settlement

We will settle funds to your designated bank account according to the settlement schedule disclosed during registration, subject to any holds or reserves we may impose.

5. FEES

5.1 Fee Schedule

You agree to pay the fees for the Service as set forth in the fee schedule provided during registration. Fees may include transaction fees, monthly service fees, and chargeback fees.

5.2 Fee Changes

We reserve the right to change our fees upon thirty (30) days' notice to you. Your continued use of the Service after such notice constitutes acceptance of the new fees.

6. SECURITY REQUIREMENTS

6.1 Device Security

You must maintain reasonable security measures for your Device, including:

  • Using strong passcodes or biometric authentication
  • Installing all security updates promptly
  • Not using jailbroken or rooted Devices
  • Not leaving your Device unattended during Transactions

6.2 Data Security

You must comply with all applicable data security standards, including the Payment Card Industry Data Security Standard (PCI DSS). You may not store any payment card data on your Device.

7. PROHIBITED ACTIVITIES

You may not use the Service to:

  • Process payments for illegal goods or services
  • Process payments for high-risk or prohibited categories as communicated to you
  • Conduct Transactions for any business other than your own
  • Process cash advances or provide cashback
  • Submit Transactions that are fraudulent or do not represent bona fide sales

8. CHARGEBACKS AND DISPUTES

8.1 Chargebacks

Cardholders may dispute Transactions according to Card Network rules. You are responsible for all chargebacks, and we may deduct chargeback amounts from your settlement funds or require you to reimburse us.

8.2 Dispute Resolution

You must cooperate with us in resolving any cardholder disputes by providing requested documentation within the timeframes we specify.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  • You will use the Service only for legitimate business purposes
  • All information you provide to us is accurate and complete
  • You will comply with all Applicable Laws and Card Network rules
  • You have all necessary rights to conduct your business
  • You will fulfill all obligations to your customers

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT OF FEES WE RECEIVED FROM YOU FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of another.

12. TERM AND TERMINATION

12.1 Term

These Terms shall remain in effect until terminated by either party.

12.2 Termination

Either party may terminate these Terms at any time with written notice to the other party. We may also suspend or terminate your access to the Service immediately if:

  • You breach these Terms
  • We suspect fraudulent activity
  • Required by a Card Network or regulatory authority
  • We decide to cease offering the Service

12.3 Effect of Termination

Upon termination, you must cease using the Service. Provisions that by their nature should survive termination shall survive termination, including Sections 8, 10, and 11.

13. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting the revised Terms on our website or in the app. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the courts of [Jurisdiction].

15. MISCELLANEOUS

15.1 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without your consent.

15.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

15.3 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

16. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Tap to Pay Support Email: info@destinbeachservice.com Phone: 1-866-651-1869