- Terms of Acceptance and Use
Terms of Acceptance and Use
These Terms of Acceptance and Use (these "Terms") constitute a legally binding agreement made between you, either personally or on behalf of an entity ("you") and MobilityNow, Lda., ("tapandshare.net", "nfc.co.uk", "nfcque.es", "rfidnation.com", "mobility.co.uk", ("the Sites")), regarding your access to and use of our Sites https://www.tapandshare.net, https://www.nfc.pt, https://www.rfidnation.com, https://www.nfcque.es, https://www.mobility.pt), as well as any other related, linked, or otherwise connected media, communication channel, mobile website, software, hardware, or mobile application (collectively, the "Sites"). You agree, on behalf of yourself and any person or entity for whom you use the Sites, services or purchase products (as defined below), that by accessing the Sites or creating an account on the Sites, (i) you represent that you are eighteen (18) years of age or older and have the ability to read and understand these Terms, (ii) you represent and warrant that you have read and understand these Terms and our Privacy Policy, and (iii) you agree to be bound by all of these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND SHOULD DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Sites from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. All changes are effective immediately upon posting and we will use reasonable efforts to alert you to any changes by updating the "last updated" date of these Terms of Use. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been informed of and accepted the changes to any revised Terms of Use by your continued use of the Websites and Services after the date such revised Terms of Use are posted. We may, at our sole discretion, translate these Terms into other languages for your convenience, however, the Portuguese version shall govern your relationship with MobilityNow, Lda, and any inconsistencies between the different versions shall be resolved in favour of the Portuguese version.
MobilityNow, Lda is based in Portugal and provides services from Portugal. The information provided on the Sites is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Sites (collectively, the "Sites") and all source code, databases, functionality, inventions, software, website designs, audio, video, text, photographs and graphics on the Sites (collectively, the "Content") and the trademarks service marks and logos contained therein (the "Marks") are owned or controlled by or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Portuguese state, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Websites "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without our express prior written permission. No right, title, or interest in or to the web sites or any Content contained therein is transferred to you, and all rights not expressly granted herein are expressly reserved by MobilityNow, Lda.
Provided that you are eligible to use the Websites, you are granted a limited, personal, non-commercial, non-transferable, non-sublicensable, revocable and non-exclusive licence to access and use the Websites in object code form for your intended purpose. We reserve all rights not expressly granted to you in and to the Websites, the Content and the Marks.
If you breach any of the above restrictions, your right to use MobilityNow, Lda will cease immediately and you must, at our option, return or destroy any copies of materials you have made.
USER REPRESENTATIONS
By using the Websites and our services, you represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you will have the necessary legal authority and capacity to enter into these Terms of Use and agree to comply with these Terms of Use; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the websites or services by automated or non-human means, whether through bot, script or otherwise; (f) you will not use the websites or services for any illegal or unauthorized purpose; and (g) your use of the websites or services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any part thereof).
USER REGISTRATION
You may be required to provide certain registration details, including a valid email address and password, or other information to register on the Site. You agree to maintain the confidentiality of your password and you shall be responsible for all use of your account and password. We reserve the right to remove, recall, or change any identifier that you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise violates these Terms of Use.
PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the Products available for sale on the Sites. However, we do not warrant that the colours, features, specifications and details of the Products will be accurate, complete, reliable, current, or free from other errors, and their electronic display may not accurately reflect the actual colours and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time and for any reason. Prices of all Products are subject to change.
MobilityNow,Lda warrants that the Products will perform substantially in accordance with its written specifications, except where any nonconformity results from (a) normal wear and tear, or (b) breach of these Terms (the "Limited Warranty"). This Limited Warranty shall be effective with respect to any Product from the date of its purchase until: (a) the date which is twelve (12) months or twenty-four (24) months after the date of purchase of such Product, (b) the breach or violation by you of any obligation or restriction under these Terms, or (c) the disassembly or modification of any Product without the prior written consent of MobilityNow,Lda (the "Warranty Period"). The Limited Warranty excludes damage resulting from abuse, accident, modifications, unauthorized repairs, or causes other than defects in material and workmanship.
If a defect arises during the Warranty Period, MobilityNow,Lda will, at its option, (a) repair the Product at no additional cost to you, (b) exchange the Product with a new or used Product of equivalent functionality, or (c) refund the original purchase price. To the fullest extent permitted by law, the foregoing shall constitute your sole remedy with respect to any breach or violation of the Limited Warranty.
MobilityNow,Lda does not warrant, represent or undertake that it will be able to repair or replace any Product under the Limited Warranty without risk or loss of information or data stored in relation to the Product. In no event shall MobilityNow,Lda be liable for loss or damage caused by factors beyond the reasonable control of MobilityNow,Lda.
To obtain warranty service, contact MobilityNow,Lda at info@mobility.pt at any time during the Warranty Period. Proof of purchase may be required to verify eligibility. All claims made under the Limited Warranty shall be governed by the terms set out in this section.
SHOPPING AND PAYMENT
All purchases through the Sites or other service transactions are governed by these Terms of Use.
We accept the following forms of payment:
- Visa
- Mastercard
- PayPal
- Multibanco Reference
- MBWAY
- Bank transfer
If you purchase any Products, subscribe to any services, or make any other purchases on or in connection with the Sites (individually, a "Purchase" and collectively, "Purchases"), you agree: (i) to provide current, complete and accurate purchase and account information for all Purchases made through the Site, (ii) that we may retain any payment information, including but not limited to all debit and credit card information provided in connection with any Purchase and that no additional notice or consent is required to use the payment information you provide, and (iii) to be bound by the terms and conditions and Privacy Policy of our third party service providers for payment services (e. g., card acceptance, merchant settlement, and related services). You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, and you consent and authorize MobilityNow, Ltd to share any payment information and instructions provided by you with one or more third party service providers so that we may complete your transactions and contact you as necessary. Sales tax will be added to the price of purchases as deemed necessary by us. We may change prices at any time. All payments will be in Euros (€).
You agree to pay all charges at the then-current prices for your purchases and any applicable shipping charges, and you authorise us to charge your chosen payment provider for such amounts when placing your order.
From time to time, we may offer paid subscriptions. If you sign up for a subscription, your subscription will commence at the time you select a subscription package (each, a "Service Commencement Date") and will automatically renew on the first day after the end of the subscription period (each, a "Renewal Commencement Date") until terminated in accordance with these Terms of Use. You consent to our method of payment being charged on a recurring basis without the need for prior approval for each recurring charge at the then-current Tap and Share card price for such subscription until such time as you cancel the applicable order. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription prior to the renewal start date. If you do not wish your account to automatically renew, or if you wish to change or cancel your subscription, you may cancel your subscription online prior to the Renewal Start Date or contact us directly. If you cancel your subscription, you may use your subscription until the end of your then-current subscription period; your subscription will not be renewed after the end of your then-current subscription period. However, you will not be eligible for a pro-rata refund of any portion of the subscription fee paid during the then-current subscription period. Upon renewal of your subscription, if MobilityNow,Lda does not receive payment from your payment provider, you agree that MobilityNow,Lda may terminate or suspend your subscription, and continue to attempt to bill your payment provider until payment is received.
We reserve the right to correct any errors or mistakes in prices, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Sites. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, dealers or distributors.
RETURN POLICY
All sales are final and no refunds will be issued, except where prohibited by law.
PROHIBITED ACTIVITIES
You may not access or use the Sites for any purpose other than that for which we make it available. The Sites may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Sites, you agree not to:
- Systematically retrieve data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
- Make any unauthorised use of the Sites, including collecting usernames and/or e-mail addresses of users by electronic or other means, for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretences.
- Use the Sites to advertise or offer to sell goods and services.
- Prevent, disable or otherwise interfere with the security features of the Sites, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Sites and/or the Content contained therein.
- Framing or linking to the Sites without authorisation.
- Cheat, defraud, or deceive us or other users, especially in any attempt to learn sensitive account information such as user passwords.
- Misuse our support services or make false reports of abuse or misconduct.
- Engage in any automated use of the system, such as the use of scripts to send comments or messages, or the use of any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Sites or the networks or services connected to the Sites.
- Attempt to impersonate MobilityNow Lda, websites, products or services, an employee of MobilityNow,Lda, another user, or any other person or entity.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Sites to harass, abuse, or harm another person.
- Use the Sites as part of any effort to compete with us or otherwise use the Sites and/or the Content for any revenue generating effort or commercial enterprise.
- Decrypt, decompile, disassemble, or reverse engineer any software that comprises or in any way constitutes a part of the Site.
- Attempting to circumvent any measures of the Sites designed to prevent or restrict access to the Sites, or any part of the Sites.
- Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Sites to you.
- Remove the copyright or other proprietary rights notice from any Content.
- Copy or adapt the software of the Sites, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Sites by any party or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of the Sites.
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism, including, without limitation, clear graphic interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive gathering mechanisms" or "pcms").
- Except as may be the result of the use, deployment, release, development, or distribution of any automated system, including without limitation, any spider, robot, scam utility, scraper, or offline reader accessing the Sites, or use or release of any unauthorized script or other software.
- Disparaging, tarnishing, or otherwise harming, in our opinion, MobilityNow and the Sites.
- Use the Sites in a manner inconsistent with any applicable laws or regulations.
THIRD-PARTY WEBSITES AND CONTENT
The Sites may contain (or may be sent through the Sites) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, drawings, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or verified by us for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply our approval or endorsement of it. If you decide to leave the Site and access Third Party Sites or use or install any Third Party Content, you do so at your own risk and should be aware that these Terms of Use no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through third party websites will be made through other websites and other companies, and we assume no liability in connection with such purchases that is solely between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on the third party websites and that you will hold us harmless from any damages caused by your purchase of such products or services. In addition, you will hold us harmless from any losses incurred by you or damages caused to you in connection with or arising in any way from any Third Party Content or any contact with Third Party Websites.
In an attempt to provide added value to our visitors, MobilityNow, Lda. may establish links to sites operated by third parties. However, even if the third party is affiliated with MobilityNow, Lda, it has no control over these linked sites, all of which have separate privacy and data collection practices and policies independent of MobilityNow, Lda. These linked sites are for your convenience only and you therefore access them at your own risk. However, MobilityNow, Lda. seeks to protect the integrity of its web site and the links placed on it and therefore requests any feedback not only on its web site, but also for the sites to which it links.
Please read the Privacy Policy complete of MobilityNow, Lda.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Sites for violations of these Terms of Use; (2) take appropriate legal action against any person who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, remove from the Sites or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems; and (5) otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.
PRIVACY POLICY
MobilityNow, Lda recognises the relevance of protecting the data of its users. We are driven by clear and transparent communication and with this we build solid relationships with our customers. Per the European General Data Protection Regulation (GDPR - EU 2016/679), we have developed a list of security measures that aim to protect your customer data.
Please read Privacy Policy complete.
USER-GENERATED CONTRIBUTIONS
The Sites may invite you to chat, contribute, or participate in blogs, message boards, online forums, and other features, and may give you the opportunity to create, submit, publish, display, transmit, perform, post, distribute, or broadcast content and materials to us or on the Site, including but not limited to trademarks, trade dress, logos, designs, slogans, text, writings, reviews, survey responses, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewed by other users of the Sites and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that you do so:
- The creation, distribution, transmission, public display, or performance, and the access, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and authorize MobilityNow, the Sites, and other users of the Sites to use your Contributions in any manner contemplated by the Sites and these Terms of Use.
- You have the written consent, authorisation and/or permission of each individual identifiable person in your Contributions to use each individual identifiable person's name or likeness to enable the inclusion and use of your Contributions in any manner contemplated by the Sites and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not mock, ridicule, belittle, bully or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from persons under the age of 18 or that exploits persons under the age of 18 in a sexual or violent manner.
- Your contributions do not violate any Portuguese or European law regarding child pornography, nor are they intended to protect the health or welfare of minors;
- Their contributions do not include any offensive comments that are linked to race, national origin, gender, sexual preference or physical disability.
- Your Contributions do not violate, or are linked to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Sites in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Sites.
EXPIRY AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITES (INCLUDING THE BLOCKING OF CERTAIN IP ADDRESSES), TO ANYONE FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering for and creating a new account in your name, a false or borrowed name, or the name of any third party, even though you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive prosecution.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove content from the Sites at any time or for any reason, in our sole discretion, without notice. However, we are under no obligation to update any information on our Sites. We also reserve the right to modify or discontinue all or part of the Sites or the Products without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Sites or the Products.
We cannot guarantee that the Sites and the Products will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Sites, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or modify the Sites or the Products at any time or for any reason without notice to you. You agree that we have no liability to you for any loss, damage or inconvenience caused by your inability to access or use the Sites or the Products during any downtime or discontinuance of the Sites or the Products. Nothing in these Terms of Use shall be construed to obligate us to maintain and support the Sites or the Products or to provide any corrections, updates, or releases in connection therewith.
ELECTRONIC COMMUNICATION
Sending us emails, creating an account on the Sites, and completing online forms on the Sites constitute your consent to receive and transact business via email, direct message, and other digital means ("Electronic Communications"). You consent to receive Electronic Communications in accordance with our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY OR THROUGH MOBILITYNOW, LDA. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or the payment or granting of credit by any means other than electronic. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
GUARANTEE AND DISCLAIMER OF LIABILITY
The materials and products on this website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, MobilityNow, Lda, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MobilityNow, Lda. does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server platform that makes the website available are free of viruses or other harmful components. MobilityNow, Lda. makes no warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
MobilityNow, Lda. shall not be liable for any special or consequential damages that result from the use, or the inability to use, the materials on this website or the performance of the products, even if MobilityNow, Lda. has been advised of the possibility of such damages.
TYPOGRAPHICAL ERRORS
Despite our best efforts, it may occur that an item in the shop may be mispriced. If this happens, we reserve the right, at our discretion, to contact you for instructions prior to dispatch or cancel your order and notify you of such cancellation. If your credit card, PayPal account, or bank account has already been charged, while we cancel your order, we will issue a full credit to the payment method you used for the full amount paid.
SENDING
The shipment is made after the payment has been received. To speed up your shipment, we recommend that you pay by credit card or PayPal, or send the receipt of the bank transfer to orders@mobility.pt
By default, orders are dispatched the day after we receive payment for the order, and can take from 5 working days up to 8 working days for delivery.
Please read the Shipping Policy complete.
Please read on for more information about Returns, Refunds and Withdrawals.
PRICES
The target of Tap and Share is mainly corporate. For this reason, the published prices can be published "tax excluded".. Cash prices can be shown with "taxes included" or "taxes excluded". MobilityNow, Lda. for business customers uses a VAT number check via VIES. If the company's VAT number is registered in VIES, your prices will be presented with "taxes excluded". Otherwise, they will be shown "tax included". MobilityNow, Lda, reserves the right to change prices Sites, Products or Services without notice.
TERMS AND CONDITIONS OF SALE
The contract between MobilityNow, Lda. (Owner of Tap and Share) and the customer will be concluded with the acceptance of the order by MobilityNow, Lda. The customer is not entitled to damages or compensation, nor to any contract or civil liability for direct or indirect damage to persons and/or property caused by the failure to accept, even partially, an order. By placing an order in the manner provided, the customer declares to have read all the information that was provided during the purchase process and accepts the present terms of acceptance and use
ONLINE DISPUTE RESOLUTION
Please follow the link for any dispute - Online Dispute Resolution.