These Terms of Use apply to all End Users of the Platform and the Services, and to the entire contents of the Platform and the Services.
By accessing and using the Platform and/or the Services, you agree to be bound by, and are deemed to be a party to, these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform or the Services.
From time to time we may need to make changes to these Terms of Use. We will let you know of any change in accordance with clause 12.1, and the amended Terms of Use will become effective upon the posting of modified terms of use on the Website. Your continued access to and use of the Platform and/or the Services following the effective date of any changes constitutes you agreeing to be bound by, and to be a party to, the modified Terms of Use.
Third-Party Content may be accessed and used by you at your election. Third-Party Content is governed by the separate terms and conditions accompanying such Third-Party Content. Any such terms are between you and the relevant third party.
Services
Subject to compliance by you with these Terms of Use, we grant to you, and you accept from us, a non-exclusive, non-transferable and non-assignable right to access and use the Platform and/or the Services until termination of the agreement between us.
You agree that we may make some features and functionality of the Platform and/or the Services available only to particular End Users (e.g. subscribers). You also agree that we may update, modify, change or offer new features and functionality for the Platform and/or the Services from time to time. We will let you know of any change in accordance with clause 12.1, and your access to and use of any new or modified features or functionality will be governed by these Terms of Use.
We may provide updates to or new versions of the Services (or any parts of them) and reserve the right to take down applicable servers hosting the Platform and the Services to undertake such updates or install such new versions. You agree to comply with our instructions in relation to any update, new version or maintenance.
We may suspend access to the Platform and the Services at any time:
for such time as is necessary to carry out updates, changes or maintenance;
to reduce or prevent interference with the Platform or the Services; or
if required as a result of a direction by any Government, law enforcement or other authority
Without limiting any more specific requirements in these Terms of Use, you agree to follow the procedures and promptly provide any requested information, notifications and/or approvals (as applicable) required by the Subscription Service with the aim of ensuring a prompt and efficient experience for all End Users of the Subscription Service.
Your responsibilities
You must take every possible care to protect each email address, username, password or other identifier or method of access to the Platform or the Services toprevent unauthorised access or use of the Platform or the Services by others. We may act on any instructions or interactions that we reasonably believe to be from you, and we are not required to enquire into, or verify, authorisation. You must ensure that no property information or other End User Data is provided to us without proper authority.
You must ensure that all information supplied by you to us (including when accessing and using the Platform or the Services) is true, correct and up to date.
Terminal equipment, communications links and systems compatibility (and all costs associated with such items) are your sole responsibility.
Property service engagements
You acknowledge and agree that Tapi takes no part in any Property Service Engagement.
Except to the extent otherwise expressly stated to you by us, and subject to applicable law, you agree that:
all communications and transactions between End Users via the Platform or the Services (including each Property Service Engagement) shall be undertaken by End Users at their own risk;
Tapi has no responsibility for, and no liability in respect of, any Property Service Engagement (including any acts or omissions of, or damage or injury caused by, any owner, contractor or tenant (or any other person) in connection with a Property Service Engagement) or the conduct of or any representation made by any End User via the Platform or the Services in respect of a Property Service Engagement;
Tapi makes no warranties or representations in any way whatsoever in respect of:
(a) any Property Service Engagement performed (or not performed, as the case may be); or
(b) any payment made (or not made, as the case may be) for any Property Service Engagement; and
any dispute relating to a Property Service Engagement shall be a matter for resolution between the relevant End Users (in accordance with appropriate dispute resolution procedures).
You agree to act reasonably and in good faith in connection with all Property Service Engagements you enter into.
Restrictions on use
In respect of your access to and use of the Platform and the Services, you will comply with all applicable laws, rules and regulations and all instructions, guidelines, procedures and policies notified by us from time to time.
You must not:
access or use the Platform or the Services for any unlawful, dishonest, fraudulent, malicious or unauthorised purpose (or any other purpose other than their intended purpose);
use the Platform or the Services in a manner that may damage, disable, overburden or impair either Platform or the Services or the networks connected to the Platform or the Services;
modify, translate, reverse engineer, decompile, disassemble or create derivative works of the Platform or the Services (or any part of them) or otherwise attempt to: (i) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Platform or the Services (or any part of them), including, without limitation, any such mechanism used to restrict or control the functionality of the Platform or the Services; or (ii) derive the source code or the underlying ideas, algorithms, structure or organisation form of the Platform or the Services (or any part of them); or
distribute through the Platform or the Services any attachments, documents or files that: (i) infringe on any copyright, patent, trade secret, trademark or other third party proprietary rights; (ii) violate any law, statute, ordinance or regulation; (iii) are defamatory, libellous or obscene; or (iv) contain viruses, trojan horses, worms, time bombs, or similar harmful programming routines.
We may at our discretion use technology (including digital rights management protocols) or other means to protect the Platform or the Services and our customers, and to prevent you (or any other End User) from breaching these Terms of Use.
You may not access the Services if you are a direct competitor of ours, except with our prior written consent. In addition, you may not access the Platform or theServices for the purposes of monitoring the availability, performance or functionality of the Platform or the Services, or for any other benchmarking or competitive purposes.
Ownership and intellectual property rights
Subject to clause 6.3, title and associated intellectual property rights in End User
Data remain the relevant End User’s property.
Subject only to an End User’s rights in End User Data (as specified in clause 6.1):
the Services and the Platform are protected by copyright and other interests and are proprietary and confidential to us (or our third party licensors and/or suppliers); and
all rights, title and interest in and to the Services and the Platform, including associated intellectual property rights, are and will remain vested in us or our third party licensors or suppliers (as applicable)
Unless we expressly agree otherwise, you are given no right or interest in, nor licence or permit to use, any of the intellectual property rights in the Services or the Platform.
End user data
You acknowledge that, subject to applicable law, we are not responsible for, and
have no liability in respect of, any End User Data, the accuracy of End User Data accessible to other End Users via the Platform or the Services, or how you or any other End Users use any End User Data or the Services. You are solely responsiblefor your End User Data (including the contents of your text and e-mail messages, attachments and stored files) and we reserve the right to remove from our serversany content that may expose us or any third party to potential liability.
You grant a non-exclusive licence to us in respect of all of your End User Data to
access, use and disclose such data as required to: (i) provide the Services; (ii) respond to comments and questions and to provide support to End Users; (iii) improve the Platform and/or the Services and develop new products, services, features and functionality; (iv) where required by law or where we believe it is necessary to protect our legal rights or interests (including disclosures in connection with the acquisition, merger or sale of a business); and (v) otherwise as required to exercise our rights and comply with our obligations under these Terms of Use.
In connection with your use of any Third-Party Content, whether on the Platform or otherwise in conjunction with the Services, you are responsible for adhering to the licence terms made available to you in respect of that Third-Party Content.
You grant to us a non-exclusive royalty free world-wide and irrevocable license permitting us to copy, anonymize, aggregate, process and display your End User Data to derive anonymous statistical and usage data, and data about the functionality of the Services, provided such data cannot be used to identify you or your Authorised Users (Anonymous Data), for the purposes of combining or incorporating such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, licensees, users, or otherwise (when so combined or incorporated, referred to as Aggregate Data), so as to permit us to provide services including the copying, publication, distribution, display licensing or sale of Aggregate Data and related or similar other statistics or data to third parties (and to you should you elect to subscribe for same) pursuant to a separate licensing or services arrangement or agreement. We will be the owners of all right, title and interest in and to the Aggregate Data.
You warrant and represent that:
you have obtained all necessary authorisations from third parties, and provided all necessary information to third parties, and otherwise have the right to grant the licences in clauses 7.2 and 7.4 in respect of all of your End User Data, and inputting, using and disclosing your End User Data in the manner anticipated by these Terms of Use, the Services and any Third-Party Content; and
use of your End User Data by us, you or any other End User in connection with the Services will not breach any laws or the rights (including intellectual property rights) of any person.
You are solely responsible for maintaining a copy of all of your End User Data. We have in place for our own purposes policies and procedures to prevent data loss (and recovery) but we do not make any guarantee around loss of End User Data
You acknowledge that the operation of the Services depends on the entry by you and other End Users of accurate and up to date End User Data. You undertake to ensure that all End User Data inputted into the Services by or on behalf of you is accurate and up to date and without material omission.
Termination or suspension
You may stop accessing or using the Services and/or the Platform at any time.
We may immediately, by notice to you in accordance with clause 12.1, terminate or block your access to the Services and the Platform (or we may, in our discretion, suspend the provision of the Services to you) if:
you have failed to comply with a material term of these Terms of Use;
you have engaged in dishonest or fraudulent conduct, or in conduct which has caused, or is likely to cause, any party to breach any applicable law in a material respect;
you breach, or attempt to breach, any of our security protocols or systems applicable to the Platform, the Services or any Third-Party Content, or access (or attempt to access) an account that does not belong to you;
our relationship with a third-party partner who provides software or other technology we use to provide the Platform or the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services; or
it becomes unlawful for us to perform any of our obligations under these Terms of Use.
Upon termination of the agreement between us (for any reason):
you must immediately cease to access or use the Services and destroy all access codes or passwords related to the Services in your possession or under your control;
any termination will be without prejudice to any prior breaches of these Terms of Use; and
any provision of these Terms of Use intended to survive termination shall survive.
If we terminate or block your access to the Services and the Platform under clause 8.2 and you are involved in any active Property Service Engagement at the date of termination, any continuation of your use of the Services in order to complete the relevant Property Service Engagement shall be at our sole discretion (acting reasonably).
You acknowledge that we may, without notice to you, terminate or suspend access to the Services by any other End User in accordance with their agreement with us or these Terms of Use. Such termination or suspension may affect your ability to utilise the Services and undertake Property Service Engagements. To the extent such termination or suspension was not caused by our negligent act or omission, material breach of the Agreement by us, or any breach of law by us, we will not be liable to you in respect of any such termination or suspension.
Warranties
We will:
use our commercially reasonable efforts to ensure that the Services are accessible by you in accordance with these Terms of Use, and that the Services will perform substantially as described to you under normal use and circumstances; and
use commercially available anti-virus software in the provision of the Services to screen for and detect disabling devices, trojan horses, and other viruses designed to damage or detrimentally interfere with software or data.
Except to the extent otherwise expressly stated to you by us, and subject to applicable law:
the undertakings of Tapi in clause 9.1 are in lieu of all other warranties in respect of the Platform and the Services and all other warranties, conditions and representations, whether express, implied or verbal, statutory or otherwise, and whether arising under these Terms of Use or otherwise, are excluded;
the Services may be subject to limitation, delays, and other problems inherent in the use of the internet or electronic communications and we do not represent that the Services are error-free or available without disruption;
we cannot guarantee that the Services will be free from cyber attacks, malware, ransomware, spyware, viruses, trojan horses, worms, time bombs, or similar harmful programming routines; and
we make no representations or warranties regarding any Third-Party Content.
Any information provided to you by us via the Services (including a chatbot) in relation to a property or property maintenance services, and that is not End User Data, is for general guidance and convenience only and is not intended to be comprehensive or a substitute for the advice of a tradesperson or other relevant professional.
Limitation of liability
To the maximum extent permitted by applicable law under no circumstances will either party, Tapi’s third party licensors, suppliers or resellers, or any party’s directors, officers or employees be liable, whether in contract, equity, tort (including negligence, breach of statutory duty or otherwise) or any other theory of liability, in connection with the Platform or the Services for:
any circumstance beyond the reasonable control of the relevant party (including, without limitation, acts of God, flood, earthquake, storm, fire, epidemic, war, embargoes, riot or civil disturbance); or
any loss of profits, loss of revenue, loss or anticipated savings, or any other indirect, special or consequential loss whatsoever.
Privacy
We collect and process your personal information and personal information of other End Users when you access or use the Platform and/or the Services. In order to provide you with the Services (and improve on them), we may also collect certain information about the performance of the Services and your use of the Services.
Our access to and use of all such personal information is governed by our Privacy Policy (as updated from time to time), which you can access on the Website (at www.tapihq.com/privacy-policy).
By agreeing to these Terms of Use, you also agree to the way we handle your personal information under our privacy policy. Our privacy policy forms part of these Terms of Use.
You must comply with all applicable privacy laws (including the New Zealand Privacy Act 2020) and our privacy policy in connection with your collection and use of any personal information of any person. You will not use the Platform or the Services in a way that violates (or may be considered inconsistent with) the privacy, rights or civil liberties of any person (including in a way that prevents the exercise of them).
General
Any notices or other communications to be provided pursuant to these Terms of Use shall be made using functionality within the Services (including using chatbot messaging or (in our case) posting a notice on the Website or using pop-up notifications).
These Terms of Use and the provision of the Services will be governed by New Zealand law and you agree to submit to the exclusive jurisdiction of the New Zealand courts in respect of any disputes or claims arising out of or in connection with the Services. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Nothing express or implied in these Terms of Use shall be construed as constituting either party as the partner, agent, employee, office or representative of, or as a joint venture with, the other party, and neither party will make any contrary representation to any other person.
If any of provision of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable, then to the extent necessary, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Use shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Use.
Defined terms
App means any Tapi application developed and maintained by us in connection with the Services and includes all information, tools, and services available on that app.
End User means any person who accesses the Services or the Platform, and includes property managers, landlords, tenants and property maintenance contractors (and any of their personnel) and visitors to the Platform.
End User Data means:
(a) any information and data relating to a property or property maintenance services; and
(b) any other information (including personal information), that is provided by (or on behalf of) an End User to Tapi, or inputted by Tapi on behalf of an End User, or derived by Tapi from other End User Data in connection with the Services.
Platform means the App and Website.
Property Service Engagement means the order, supply, invoicing and payment for property maintenance services.
Services means the services provided by Tapi from time to time, and includes any underlying software used to provide the Services. However, the Services do not include Third-Party Content.
Tapi, we, us and our means Tapi Limited or our permitted successors or assigns.
Terms of Use means these terms of use and incorporating our privacy policy at www.tapihq.com/privacy-policy (as updated from time to time).
Third-Party Content means any software, data, text, audio, video, or images made available to you by any third party on the Platform or in conjunction with the Services.
Website means the Tapi website at www.tapihq.com and includes all information, tools, and services available on the Website.
You and Your means the End User who accesses the Platform and/or the Services, and includes any entity on behalf of which the End User has accepted these Terms of Use.
PART B: LANDLORD HOUSE INSURANCE FROM TAPI
Partnership with Open
Tapi is the promoter of certain general insurance products of Open Insurance Ltd (NZ Company Number 7969816) (Open).
Insurance policies are sold and administered by Open, as an agent of Tower Limited (NZ Company Number 143050) the insurance underwriter.
Insurance policy information
Any information about insurance products on our Website is general information only and does not take into account your individual needs, objectives or financial situation.
You should carefully read the important documents, like the relevant policy wording, available within the Tapi app and website, to help you decide if a Tapi insurance product is right for you.
The policy wording contains detailed information about what Tapi insurance policies cover and what they don’t, and explains how Open manages insurance claims.
Buying insurance
Tapi will connect you to Open’s insurance portal (Open Portal), which will provide you with pricing for insurance policy offers, as well as issue policy certificates of insurance and any other relevant policy documentation to eligible purchasers or holders of cover.
Upon insurance purchase, Open provides a copy of the policyholder’s Certificate of Currency to Tapi, to allow for Tapi to provide its scope of services.
In using the Open Portal you are authorising Tapi to transfer certain data, including personal information, to Open for the purpose of quoting, issuing and administering insurance policies, as well as administering any insurance claim. For more information, please read Tapi’s Privacy Policy and Open’s Privacy Policy.
Insurance customer support and making an insurance claim
For all insurance claim related enquiries, please follow the instructions in the Open Portal at claims@insurance.withtapi.com.
Tapi's role
Tapi is the insurance promoter for certain insurance products sold and administered by Open. Our role enables prospective insurance applicants to connect with Open and, subject to eligibility, purchase Tapi-branded insurance products.
Tapi is not a party to the issuing of any insurance policy. If you buy a Tapi-branded insurance policy sold by Open, your policy agreement is between you and Open, which acts as an agent of the insurer, Tower Limited.
Tapi makes no representations as to the fitness for purpose of any policy offered or issued by Open, and does not provide any form of financial advice in relation to the insurance covers promoted.
Other than liability which cannot be excluded by law, Tapi bears no responsibility or liability to you or any third parties in relation to any insurance premiums, claims, loss, damages and any expenses that arise in connection with any insurance policy sold or administered by Open or any insured or claimed loss event.
Tapi receives a commission from Open for each policy sold (both at its inception and any renewal) resulting from our promotional activity. From time to time, we may separately pay commissions to our personnel and independent property management agents, who provide us with introductions to potential insurance clients who go on to purchase a policy.
