Terms & Conditions

These terms and conditions (the “Terms”) govern your use of our application (“Tapkat”). Please read these Terms carefully before using the App. By using Tapkat, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the the Tapkat app.

Use of Tapkat

Tapkat is made available for your use free of charge. We do not guarantee that the app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Tapkat for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

Your content

Tapkat allows you to post content, including pictures and product/servicve descriptions. Anything that you post or otherwise make available on the app is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you make available through Tapkat.

Our content

Tapkat contains content that is owned by or licensed to us. This content includes, but is not limited to, the design, layout, look, appearance, graphics, and documents on the App. It is protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

Your use of content on the Tapkat app

You may use the content on Tapkat only for your personal and non-commercial use. You must not use any part of the content on Tapkat for commercial purposes without obtaining a licence to do so from us or our licensors.

No reliance on information

The content on Tapkat is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App.

Buy, Sell, Barter Features

Tapkat may include features that allow users to buy, sell, or barter items with each other. By using these features, you agree to the following:

(a) You are solely responsible for the items you list for sale or trade on Tapkat, including ensuring that the items are legal to sell and that all listing information is accurate and not misleading.

(b) You will not list any items that are stolen, counterfeit, or otherwise illegal.

(d) We are not responsible for any transactions or interactions between users of Tapkat, and we will not be held liable for any disputes or issues that may arise from such transactions or interactions.

(e) We reserve the right to remove any listings or terminate the account of any user that violates these terms.

User’s Obligations

The user is required to:

(a) provide accurate, current and complete information about the items offered for sale or trade, and

(b) not to list any prohibited items or to engage in any prohibited conduct

(c) not to list items that infringe any third-party’s rights, including intellectual property rights.

Our Rights

We reserve the right, at our sole discretion, to:

(a) refuse service to any user;

(b) terminate accounts;

(c) remove or edit content;

(d) cancel listings or transactions;

(e) limit or terminate the buying and selling privileges of any user who we believe has violated our policies.

Transactions

The user acknowledges that all transactions are between the users and we are not a party to any such transactions.

Disputes

In case of any disputes arising between users, we will not be held liable for any damages or loss that may occur as a result of such disputes.

Chat Features

Tapkat may include features that allow users to communicate with each other through text, audio, or video chat. By using these features, you agree to the following:

(a) You will not use the chat features to engage in any illegal, harmful, or offensive activities, including but not limited to: harassment, hate speech, racism, sexism, or discrimination of any kind.

(b) You will not use the chat features to share or distribute any content that is copyrighted, trademarked, or otherwise proprietary without the express permission of the owner.

(c) You will not use the chat features to impersonate any person or entity or falsely represent your affiliation with a person or entity.

(d) We reserve the right to monitor and record any and all chats for quality control and compliance with these terms, but we are under no obligation to do so.

(e) We reserve the right to remove any content or terminate the account of any user that violates these terms.

User’s Obligations

The user is required to:

(a) use the chat features in a respectful and appropriate manner and not to engage in any conduct that is harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hate speech, or otherwise objectionable or offensive to any other users;

(b) not to upload, post, or otherwise distribute or facilitate distribution of any content—including text, communications, software, images, sounds, data, or other information—that is illegal, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, profane, hate speech, or otherwise objectionable or offensive;

(c) not to upload, post, or otherwise distribute or facilitate distribution of any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(d) not to upload, post, or otherwise distribute or facilitate distribution of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e) not to use the chat features to harm minors in any way;

(f) not to upload, post, or otherwise distribute or facilitate distribution of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(g) not to interfere with or disrupt the chat features or servers or networks connected to the chat features, or disobey any requirements, procedures, policies, or regulations of networks connected to the chat features;

(h) not to use the chat features for any commercial or business purposes, unless you have obtained prior written permission from us.

Our liability to you

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Tapkat or any content on it, whether express or implied.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the Tapkat app;

(c) permanently prohibit you from accessing the Tapkat app;

(d) block computers using your IP address from accessing the Tapkat app;

(e) contact any or all of your internet service providers and request that they block your access to the Tapkat app;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) take such other action as we reasonably deem appropr iate.

Variations

We may revise these terms of use from time-to-time.

Your concerns

If you have any concerns about material which appears on Tapkat, please contact tapkat_support@cloud-next.com.au.

Our details

The name of our company is CloudNext Inc. and you can contact us by email at tapkat_support@cloud-next.com.au.

Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of Tapkat, and supersede all previous agreements in respect of your use of this app.