Terms & Conditions

1. General information

1.1 Cosmient Ltd (company number 09800262) ("Tappa") is the operator of the Tappa dating web application ("Tappa Services").

1.2 These terms of use (which are deemed to include our privacy policy) govern the rights, obligations and conduct of all users ("Customers") when using the Tappa Services. By using the Tappa Services, you hereby agree to these terms and conditions.

1.3 Tappa connects male Customers ("Interested Parties") with female Customers ("Service Providers"). Service Providers are able to use the Tappa Services to connect and communicate with those Interested Parties who have requested a meeting. Both parties can communicate using Tappa Services by way of a chat service or a phone call service whereby phone numbers remain anonymous.

1.4 These terms do not govern any contractual relationships which are entered into directly between Interested Parties and Service Providers, and Tappa shall not be a party to any such relationship, nor shall it act as agent for either party in any such relationship.

1.5 We only use any personal data we collect through your use of the Tappa Services in accordance with, and in the ways set out in, our Privacy Policy.

1.6 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Tappa Services may be read or intercepted by others.

1.7 You are solely responsible for your interactions with other Customers. Tappa does not conduct criminal background or other background checks on its Customers. Tappa makes no representations or warranties as to the conduct of Customers and is in no way responsible for conduct of Customers.

1.8 Tappa reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.

1.9 Tappa does not guarantee that the Tappa Services will always be available or be uninterrupted. Tappa may suspend or withdraw or restrict the availability of all or any part of the Tappa Services for business and operational reasons.

1.10 By using the Tappa Services, you agree to us collecting and using technical information about the devices on which you use the Tappa Services and related software, hardware and peripherals to improve our products and to provide any Tappa Services to you.

2. Registration

2.1 Registration to use the Tappa Services is free.

2.2 The use of the Tappa Services requires you to register and create an account. All Customers must sign into this account in order to use the Tappa Services.

2.3 Tappa is entitled in its absolute discretion to reject or cancel your registration at any time without giving reasons.

2.4 You hereby warrant that all contact details and other information provided by you during the Tappa registration process is complete and accurate in all respects.

2.5 After successful registration, you are entitled to use the Tappa Services under these terms.

2.6 During the registration process, you are asked to provide access data, such as your phone number, username and password. Using this access data, you can sign in to use the Tappa Services after the activation of your registration.

2.7 It is your responsibility to ensure that your chosen username does not violate or infringe any third-party rights (including intellectual property rights), and does not otherwise fail to comply with these terms. Tappa reserves the right to reject any opposed username or require you to change it at any time.

2.8 It is your responsibility to ensure that your access data is kept secret and treated as confidential. You must not disclose it to any third party. Tappa reserves the right to disable any access data at any time.

2.9 If you know or suspect that anyone other than you knows or has access to your access data, you must promptly notify us at [email protected].

3. Customer Profiles and Arranging Meetings

3.1 The Tappa Services enable Interested Parties and Service Providers to view the profiles of each other in accordance with these terms. Such profiles will include the information you provide to Tappa (including your name, username, data, pictures, etc.).

3.2 In order to view profiles of Service Providers, the Interested Party must first create and submit a non-binding request for a meeting ("Request"), which sets out the proposed date, time, duration and budget for the meeting. Tappa will use the Tappa Services to forward the Interested Party's profile and Request to suitable Service Providers found within the specified vicinity of the Interested Party.

3.3 Service Providers can choose to reply to the Request, confirming that they are interested in pursuing a meeting ("Application"). Tappa will use the Tappa Services to forward the Service Provider's profile and Application to the relevant Interested Party.

3.4 The Interested Party is notified of a Service Provider's Application within the Tappa app but can also be notified by email or SMS if the Interested Party selects this function within the settings of their account.

3.5 Tappa acts solely as a platform under which Customers may contact other Customers. Tappa is not responsible for any contracts which are concluded between you and other Customers, including without limitation any contracts relating to meetings or other services provided by a Service Provider to an Interested Party.

3.6 You must not use the Tappa Services to make or receive payment in relation to any contracts entered into directly between Customers, including without limitation any payment relating to meetings or other services provided by a Service Provider to an Interested Party.

3.7 If you breach paragraph 3.6 above:

3.7.1 your account and registration will be immediately terminated and you will no longer be entitled to use the Tappa Services;

3.7.2 Tappa shall have no further liability to you whatsoever; and

3.7.3 you will indemnify Tappa for any loss or damage caused to Tappa as a result of such breach, including any claims from other Customers arising as a result of them being unable to contact you.

3.8 In order for the Tappa Services to operate based on geolocation, you must agree that Tappa is authorised to access the appropriate geolocation data of your device in order to determine your personal location data for the purposes of providing the Tappa Services and matching you with appropriate Service Providers and Interested Parties. If this consent is not granted, manual input of location is required, e.g. a postal code, set. Further information on the use of personal location data can be found in the Privacy Policy.

4. Free Services/Paid Services

4.1 After the free registration and the creation of an account, Tappa also allows you to access various fee-based services subject to you making the applicable payment.

Interested Parties:

4.2 Interested Parties can purchase fee-based services from Tappa using "Tappa Tokens" ("T-Tokens"), which Interested Parties can purchase using the Tappa Services. T-Tokens provide Interested Parties with the ability to chat and confirm meetings with Service Providers. Interested Parties are provided with 25 complimentary T-Tokens following registration. Once these T-Tokens have been used, Interested Parties are required to purchase T-Tokens to complete meeting arrangements.

4.3 From time to time, T-Tokens can also be awarded to you when referring Interested Parties to use the Tappa Services. Free T-Tokens for introductions will only be granted if the referred Interested Party signs up to the Tappa Services using the relevant details and referral code provided by you.

4.4 An overview of the prices of T-Tokens, the fee-based services available to Interested Parties in exchange for T-Tokens, and the prices in T-Tokens for such services, are set out under the heading "T-Token Options". We reserve the right to update these details from time to time.

Service Providers:

4.5 Service Providers can purchase fee-based services from Tappa under a monthly subscription. Service Providers will be given a 1-month free trial following registration. Service Providers who refer a friend will be rewarded with 1-month free subscription per friend referred. Free 1-month subscriptions for introductions will only be granted if the referred Service Provider signs up to the Tappa Services using the relevant details and referral code provided by you.

4.6 Details of the monthly subscription fee for Service Providers can be found in the subscription menu.

General:

4.7 By clicking on the "Pay" button, you place an order to purchase fee-based services from Tappa. The contractual relationship with Tappa arises upon Tappa accepting your order by e-mail confirmation.

4.8 For the avoidance of doubt, T-Tokens may only be used to purchase fee-based services from Tappa, not to pay for meetings or other services provided by a Service Provider to an Interested Party.

5. Content

Tappa Content:

5.1 Subject to paragraph 5.3 below, the Tappa Services, all content on the Tappa Services and all features available within the Tappa Services ("Tappa Content") are owned by Tappa or its licensors, and all rights subsisting in them (including intellectual property rights) are owned by or licensed to Tappa.

5.2 You have no intellectual property rights in, or to, the Tappa Content, other than the right to use it to the extent necessary to access and utilise the Tappa Services in accordance with these terms.

5.3 You must not modify the Tappa Content in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

5.4 Our status (and that of any identified contributors) as the authors of Tappa Content must always be acknowledged.

5.5 You must not use any part of the Tappa Content for commercial purposes without obtaining a licence to do so from us or our licensors, including for any of the following purposes:

5.5.1 to create or transmit spam messages, marketing or advertising to Customers or any third party;

5.5.2 to post or transmit any communication or solicitation designed or intended to obtain access data from, or other information about, other Customers or third parties;

5.5.3 to send or receive any offers or applications for paid services or products to or from other Customers or third parties;

5.5.4 to send any offers, applications or other communications relating to contests, sweepstakes, advertisements or pyramid schemes;

5.5.5 to send any direct marketing, or to collect any information to use or to pass to third parties for the purposes of direct marketing.

5.6 If you print off, copy or download any part of the Tappa Content in breach of these terms, your right to use the Tappa Services will cease immediately and you must, at our option, return or destroy any copies of the Tappa Content that you have made.

User Content:

5.7 Some features of the Tappa Services allow Customers to upload or distribute content (including creating your username and/or password) and to contact other Customers ("User Content"). You must ensure that any User Content that you upload, distribute or create:

5.7.1 is owned by, or licensed to, you and that you have the rights to upload it and to grant to third parties the rights set out in these terms;

5.7.2 does not infringe the intellectual property rights of any third party;

5.7.3 does not violate any applicable laws, including rights to privacy and data protection laws;

5.7.4 is not sexually explicit;

5.7.5 is accurate and not misleading or deceptive;

5.7.6 is not fraudulent or illegal or unlawful in any way;

5.7.7 is not defamatory, obscene, offensive, hateful or inflammatory;

5.7.8 does not promote violence, discrimination or any other illegal activity; and

5.7.9 is not threatening, abusive or harassing of any other Customer or third party,

and you will be liable to and indemnify Tappa for any breach of this paragraph 5.7.

5.8 Any User Content that you upload or create will be considered non-confidential and non-proprietary. You retain all of your ownership rights in such User Content, but you hereby to grant us and other Customer a limited licence to use, store and copy that User Content to the extent necessary to provide the Tappa Services and in accordance with these terms and the Privacy Policy.

5.9 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with paragraph 5.7 above, or for any other reasonable reason.

5.10 Tappa does not verify or approve, or check for accuracy or legality of, any User Content posted onto the Tappa Services by third parties (including Customers) and assumes no responsibility for the completeness, accuracy, legality or timeliness of such User Content. Views expressed by other Customers do not represent Tappa's views or values.

5.11 Where the Tappa Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Tappa of those linked websites or information you may obtain from them.

6. Improper Use of Tappa Services

6.1 You must not:

6.1.1 use the Tappa Services for any commercial purpose, including those set out in paragraphs 5.5.1 to 5.5.5 above;

6.1.2 use the Tappa Services in a manner which is in breach of any of the restrictions set out in paragraph 5.7 above;

6.1.3 use the Tappa Services in any manner which constitutes, or in any way promotes, illegal or unlawful activity;

6.1.4 introduce to Tappa, the Tappa Services, other Customers or any third parties any viruses, trojans, malware, worms, logic bombs or other material that is malicious or technologically harmful;

6.1.5 attack Tappa, the Tappa Services, other Customers or any third parties using a denial-of-service attack or a distributed denial-of service attack;

6.1.6 sub-license, provide, or otherwise make available, the Tappa Services in any form, in whole or in part, to any person without prior written consent from us;

6.1.7 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Tappa Services, nor attempt to do any such things;

6.1.8 alter, manipulate, circumvent, overcharge or disrupt the Tappa Services or their underlying software or security systems.

6.2 If there is a suspicion of unlawful acts being carried out by you pursuant to your use of the Tappa Services, Tappa is entitled to review your activities and, if necessary, initiate appropriate legal action to prevent, report or otherwise pursue legal action in relation to the unlawful act.

6.3 If you become aware of any illegal, abusive, or otherwise unauthorized use of Tappa Services, you must promptly contact [email protected] with relevant details.

6.4 In order to maximise their experience of Tappa services, the customer must use an up to date web browser and enable their use (e.g. through the activation of JavaScript, accepting of cookies etc.).

6.5 The Tappa Services are directed to people residing in the United Kingdom. Tappa does not represent that content available on or through the Tappa Services is appropriate for use or available in other locations.

7. Warranty

7.1 Tappa provides a connection service between Interested Parties and Service Providers and is in no way liable for activities carried out outside the use of the Tappa Services. In particular, Tappa is not responsible for, and has no liability in relation to:

7.1.1 the taking place or activities which occur on any meetings between the Service Provider and the Interested Party;

7.1.2 the provision of (or failure to provide) any services, or the performance of (or failure to perform) any contracts, agreed between the Interested Party and the Service Provider;

7.1.3 the satisfactory provision of any services agreed between the Interested Party and the Service Provider;

7.1.4 the actions or responses (or lack thereof) of any third parties who have been notified by the Early Vigilance Alarm safety feature ("EVA Chaperone");

7.2 Following confirmation of a meeting, it is the responsibility of the Interested Party and the Service Provider to process, manage and communicate in relation to any meeting.

7.3 Tappa Services are aimed exclusively at individuals/ persons over the age of 18 years and by signing up to the Tappa Services you hereby guarantee and warrant that you are at least 18 years old. Tappa will not accept any liability if you register for the Tappa Services and you are under the age of 18.

7.4 If you suspect or become aware that any Customer is under 18 years of age, you must report this to Tappa immediately by email to [email protected], stating the relevant profile and reasons for suspicion.

7.5 Tappa reserves the right to demand proof of age from any Customer and is entitled to suspend your account until proof of age is provided.

8. EVA Chaperone

8.1 EVA offers no guarantee of safety and Tappa is not liable for the outcomes of meetings, the inappropriate use of EVA, responses (or lack of the same) to EVA alerts, or any failure of the EVA Chaperone.

8.2 The EVA Chaperone is provided to Service Providers who have chosen to receive it as part of the Tappa Services, and is designed to reduce the risk of antisocial or violent behaviour towards Service Providers.

8.3 The EVA Chaperone is designed to automatically contact nominated third parties who have agreed to be your nominated contact in accordance with the settings agreed.

8.4 It is your responsibility to ensure that the contact details of your nominated contacts are accurate and up to date and that your nominated contacts have provided the necessary consent to being contacted.

8.5 Tappa is not liable for the actions or responses (or lack thereof) of any nominated contacts who receive alerts from the EVA Chaperone.

8.6 EVA Chaperone is in no way a fail-safe mechanism and Service Providers should maintain their own vigilance and use common sense when selecting and for the duration of meetings.

8.7 Tappa gives no guarantee that the EVA Chaperone will be available or be activated at any time. Tappa will not be liable for any loss arising as a result of the EVA Chaperone being interrupted or not activating or functioning at the appropriate time, whether before, during or after a meeting.

8.8 EVA Chaperone was designed to help deter either Interested Parties and other third parties from inappropriate behaviour against Service Providers before, during and after a meeting.

9. Blocking of access

9.1 Tappa reserves the right to suspend or cancel your or any Customer's access to the Tappa Services at any time and will not be liable for any loss arising as a result of such.

9.2 In the case of suspension or cancellation, Tappa will block your access then notify you via email. If your access is subsequently reactivated, we will notify you of such reactivation by email.

9.3 If your access is cancelled, you are permanently excluded from using the Tappa Services and you may not seek to register a new account at any time.

9.4 Tappa reserves the right to cancel your account if we discover or reasonably suspect that you have previously had your account cancelled and have created a new account using different or falsified registration details.

10. Liability and Indemnity

10.1 Tappa makes every effort to provide a high-quality, consistent service in collaboration with its partners. Potential failures due to malfunctions or maintenance must be expected.

10.2 Tappa cannot guarantee that the use of the Tappa Services (including the EVA Chaperone) will be uninterrupted or error-free.

10.3 Tappa gives no guarantee that the Tappa Services (including the EVA Chaperone) will be available at any period. Tappa will not be liable for any loss arising as a result of the Tappa Services (including the EVA Chaperone) being interrupted or the EVA Chaperone not activating at the appropriate time, whether before, during or after a meeting.

10.4 Tappa does not guarantee that the Tappa Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Tappa Services. You should use your own virus protection software.

10.5 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

10.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so, including for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

10.7 The Tappa Services are for domestic and private use. If you use the Tappa Services for any commercial, business or resale purpose we will have no liability to you for any indirect loss, consequential loss, loss of profit, loss of business, business interruption, or loss of business opportunity.

10.8 The Tappa Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Tappa Services meet your requirements.

10.9 If our provision of the Tappa Services or support for the Tappa Services is prevented or delayed by an event outside our control then we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay (in any event, not less than 3 months) you may contact us to end your contract with us and receive a refund for any Tappa Services that you have paid for but not received.

10.10 You hereby indemnify Tappa against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Tappa arising out of or in connection with:

10.10.1 any breach of these terms by you; and

10.10.2 any damage you cause to other Customers when attending at meetings with other Customers.

11. Termination Policy

11.1 Subject to clause 11.4, either you or Tappa can terminate this contract at any time by giving written notice to the other party. If you wish to give notice, you must give Tappa notice at [email protected].

Interested Parties:

11.2 Subject to clause 11.3, if you are an Interested Party who has purchased T-Tokens and you cancel your contract with Tappa, you will not receive a refund for any T-Tokens that you have purchased.

11.3 If you are an Interested Party who has purchased T-Tokens, you are entitled to cancel your purchase of such T-Tokens at any time within 14 days and receive a refund. Tappa may deduct from any refund an amount for any T-Tokens that you have used to purchase services through the Tappa Services.

11.4 To exercise your right to cancel in 14 days, you should contact us at [email protected] stating your decision to withdraw from this contract., or complete the form found at the following [link IINSERT LINK TO CANCELLATION FORM].

Service Provider:

11.5 If you are a Service Provider who has purchased a monthly subscription and you wish to terminate your contract with Tappa, your contract will be deemed terminated at the end of the current month's subscription.

11.6 If you are a Service Provider who has purchased a monthly subscription, you are entitled to cancel the monthly subscription in the first 14 days and receive a refund. Tappa may deduct from any refund an amount relating to any monthly subscription services that you have received between the date of purchase and the date of cancellation.

11.7 To exercise your right to cancel in 14 days, you should contact us at [email protected] stating your decision to withdraw from this contract., or complete the form found at the following [link IINSERT LINK TO CANCELLATION FORM].

12. General

12.1 Tappa may update and change the Tappa Services from time to time to reflect changes to Tappa's product, Customers' needs and Tappa's business priorities.

12.2 Tappa reserves the right to change these terms and/or the Privacy Policy at any time. Every time you wish to use the Tappa Services, please check these terms to ensure you understand the terms that apply at that time.

12.3 We may transfer our rights and obligations under these terms to a third party. You may only transfer your rights or your obligations under these terms to another person if we agree in writing in advance.

12.4 These terms do not give rise to any rights to enforce any part of these terms under the Contracts (Rights of Third Parties) Act 1999.

12.5 A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

12.6 A failure or delay by a party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.7 Should any provision of these terms be or become invalid, the legal validity of the remaining provisions shall remain unaffected.

12.8 These terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England.

12.9 Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.