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Terms & Conditions
Disclaimer of Warranties

  1. The service, including, without limitation, tap2choose content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither vantle nor its parent company nor any of their employees, managers, officers or agents (collectively, the "tap2choose parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the tap2choose content; (c) user content; or (d) security associated with the transmission of information to tap2choose or via the service. In addition, the tap2choose parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

  2. The tap2choose parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The tap2choose parties do not make any representations or warranties that the tap2choose (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The tap2choose parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the tap2choose parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of use.

  3. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.

  4. The tap2choose parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

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Limitation of liability; waiver

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  1. Under no circumstances will the tap2choose parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the tap2choose content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the tap2choose parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the vantle parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the vantle parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the tap2choose parties total liability to you for all damages, losses or causes or action.

  2. You agree that in the event you incur any damages, losses or injuries that arise out of tap2choose 's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the  tap2choose parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the tap2choose parties.

  3. By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

  4. Tap2choose is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

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Indemnification

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  1. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Tap2choose's request), indemnify and hold the Tap2choose Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Tap2choose in the defense of any claim. Tap2choose reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Tap2choose.

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Arbitration

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  1. Except if you opt-out or for disputes relating to: (1) your or Tap2choose's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Tap2choose (whether or not such dispute involves a third party) with regard to your relationship with Tap2choose, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the South African Arbitration Association's rules for arbitration of consumer-related disputes and you and Tap2choose hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor Tap2choose will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Tap2choose is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the South African Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Tap2choose or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

  2. You may opt out of this agreement to arbitrate. If you do so, neither you nor Tap2choose can require the other to participate in an arbitration proceeding. To opt out, you must notify Tap2choose in writing within 30 days of the date that you first became subject to this arbitration provision.

  3. You must include your name and residence address, the email address you use for your Tap2choose account, and a clear statement that you want to opt out of this arbitration agreement.

  4. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with tap2choose.

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Time Limitation on Claims

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  1. You agree that any claim you may have arising out of or related to your relationship with Tap2choose must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

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Governing Law & Venue

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  1. These Terms of Use are governed by and construed in accordance with the laws of the South African, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Tap2choose exclusively in a court located in South Africa , and to submit to the personal jurisdiction of the courts located in Hong Kong for the purpose of litigating all such disputes.

  2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Tap2choose's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Tap2choose reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Tap2choose.

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