Terms of Service

These Terms of Service (“Terms”) govern your use of the Tapara mobile application and related services (“Services”) provided by Tapara Limited (NZBN 9429053591470) (“Tapara”, “we”, “us”, “our”). By creating an account or using the Services, you agree to be bound by these Terms.

If you are a consumer, the Consumer Terms also apply to you. If you are a merchant, the Merchant Agreement also applies to you. Please also review our Privacy Policy, which describes how we handle your personal information.

1. About Tapara

Tapara is a mobile commerce and loyalty platform that enables consumers to make payments to participating merchants and engage with merchant loyalty programmes through the Tapara app. Tapara is not a bank, payment processor, or financial institution. We provide a technology platform that facilitates payment instructions between you, merchants, and third-party payment providers.

Tapara does not hold, receive, process, or transmit your funds at any time. All payments are processed by third-party open banking providers and settle directly between the consumer’s bank and the merchant’s bank account. Tapara is never in the flow of funds.

2. How Payments Work

Tapara supports the following payment methods:

3. Payment Limits

The following limits apply to all payments made through Tapara:

• Maximum per transaction: $5,000 NZD
• Maximum daily spend: $1,000 NZD per consumer per calendar day
• Minimum payment: $0.50 NZD

These limits are set for security and fraud prevention purposes and may be adjusted from time to time. We will notify you of material changes. These limits are in addition to any limits set by your bank.

4. Your Responsibilities

By using the Services, you agree to:

• Provide accurate, current, and complete information during registration and keep it up to date.
• Ensure you are the authorised holder of any bank account you use with Tapara.
• Verify payment amounts before authorising each payment.
• Not use the Services for any unlawful purpose, fraudulent activity, or in a manner that could damage, disable, or impair the Services.
• Keep your login credentials, PIN, and device secure. Do not share your PIN or allow others to use your account.
• Report any unauthorised access to your account immediately by contacting enquiries@tapara.co.nz.

5. Prohibited Uses

You must not, and must not support or enable others to:

• Use the Services illegally or in violation of any law or regulation, or in breach of these Terms.
• Use the Services for money laundering, terrorist financing, fraud, or any other unlawful purpose.
• Create or maintain more than one account per person. Each individual may hold only one consumer account and, if applicable, be associated with one merchant account. Creating multiple accounts to circumvent payment limits, manipulate loyalty programmes, earn duplicate benefits, or for any other purpose is prohibited.
• Create artificial, fictitious, or circular transactions to manipulate loyalty programme metrics, tier progression, spend thresholds, platform analytics, or any other platform feature.
• Attempt to circumvent or disable any security features, payment limits, or technical measures of the Services.
• Attempt to modify, copy, adapt, reproduce, decompile, disassemble, or reverse-engineer any part of the Services.
• Distribute, sell, rent, lease, sublicence, transfer, or publish the Services or any part thereof to third parties.
• Interfere with or undermine the security, integrity, or performance of the Services or any third-party systems connected to them.
• Transmit, input, or store any data that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Attempt unauthorised access to any system, account, or data.
• Initiate payments from bank accounts you are not authorised to use.
• Tamper with, clone, reprogram, relocate, or otherwise interfere with any NFC tag or device used in connection with the Services.
• Use the Services for purposes they are not intended for, including competitive analysis or benchmarking.

6. Refunds and Disputes

Tapara does not sell goods or services and does not hold your funds. Refund and dispute processes depend on the payment method used:

• Bank payments: Bank-to-bank transfers cannot be reversed programmatically. If you require a refund for a bank payment, you must resolve this directly with the merchant. The merchant may issue a refund via their own bank transfer.
• Cash: Cash refunds are handled directly between you and the merchant.

For all payment disputes, you should first contact the merchant directly. If you are unable to resolve the issue with the merchant, you may contact us at enquiries@tapara.co.nz and we will make reasonable efforts to assist.

7. Account Suspension and Restriction

Tapara may suspend, restrict, or terminate your account if:

• We reasonably suspect your account is being used for fraudulent, illegal, or unauthorised activity.
• We are required to do so by law, regulation, court order, or a government agency.
• You breach these Terms or any other agreement with us.
• Your actions pose a risk to Tapara, other users, or the integrity of the platform.
• A third-party payment provider suspends or restricts your access.

We will notify you of any suspension or restriction where we are legally permitted to do so. We may not always be able to disclose the specific reason for an account restriction.

8. Transaction Monitoring

Tapara monitors transactions for the purpose of fraud prevention, platform integrity, and protecting the security of all users. By using the Services, you acknowledge that your transactions may be monitored and that we may report activity to relevant authorities where required or permitted by law.

9. Account Deletion

You may request account deletion at any time from your profile settings in the app, or by contacting enquiries@tapara.co.nz.

When your account is deleted:

• Your personal identifying information (name, email, bank details) will be anonymised.
• Your loyalty memberships will be deactivated.
• Transaction records and business records will be retained for up to 7 years as required under the Tax Administration Act 1994 and for the purposes of responding to any legal claims, but will no longer be associated with identifiable personal information.
• Your account will be set to “deleted” and you will no longer be able to log in.

10. Data Retention

We retain transaction records and business records for up to 7 years from the date of your last transaction or the closure of your account, whichever is later. This is required under the Tax Administration Act 1994 for financial records, and is consistent with the limitation periods under the Limitation Act 2010 for contractual claims. Non-financial data (such as notification preferences and app settings) is retained only as long as necessary for the purpose it was collected.

For full details, see our Privacy Policy.

11. Intellectual Property

All intellectual property rights in the Tapara app, platform, brand, and related materials are owned by Tapara Limited. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the app for its intended purpose. You may not reproduce, modify, reverse-engineer, distribute, or create derivative works from any part of the Services without our prior written consent.

12. Third-Party Services

The Services integrate with third-party providers, including open banking intermediaries. These providers have their own terms of service, privacy policies, and operating procedures. Tapara is not responsible for the acts, omissions, errors, outages, or failures of any third-party provider, your bank, or any merchant.

Your use of third-party services is governed by their respective terms, which you should read carefully.

13. Beta and Preview Features

Tapara may from time to time make new features, tools, or integrations available on a beta, preview, early-access, or experimental basis (“Beta Features”). Beta Features are provided “as is” and may contain bugs, errors, or incomplete functionality. They may be modified, suspended, or removed at any time without notice.

By using a Beta Feature, you acknowledge that:

• Beta Features may not perform as expected and may cause errors, data inconsistencies, or service interruptions.
• Tapara is not liable for any loss or damage arising from your use of, or reliance on, a Beta Feature.
• Beta Features are not covered by any service level commitment or uptime guarantee.
• Feedback you provide about Beta Features may be used by Tapara without restriction or compensation.

Beta Features are identified as such in the app or in communications from Tapara. If a feature is not labelled as beta or preview, it is considered a generally available feature subject to the standard terms of this Agreement.

14. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• The Services are provided “as is” and “as available.” We do not guarantee uninterrupted, error-free, or secure operation of the Services.
• Tapara is not liable for any loss or damage arising from the use of third-party payment providers, your bank, or any merchant.
• Tapara is not liable for any delay, failure, or error in payment processing caused by third-party systems, bank outages, network issues, or circumstances beyond our reasonable control.
• Tapara is not liable for any loss arising from unauthorised access to your account where you have failed to keep your credentials secure.
• Tapara is not liable for any loss or damage arising from tampering with, cloning, reprogramming, or relocation of NFC tags, including incorrect check-ins, misdirected payments, or fraudulent loyalty credit. NFC tags are passive devices and their physical security is the responsibility of the merchant that deploys them.
• To the maximum extent permitted by law, Tapara is not liable for any indirect, consequential, exemplary, punitive, special, or incidental damages (including loss of data, revenue, profits, use, or other economic advantage) however arising, even if we are aware of the possibility of such damage.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under New Zealand law, including under the Consumer Guarantees Act 1993.

15. Force Majeure

Neither party is liable for any failure to perform obligations under these Terms to the extent caused by an event beyond the reasonable control of the affected party, including extreme weather, natural disaster, pandemic, terrorism, telecommunications or network failure, third-party provider failure, bank outage, industrial action, or government action.

16. Electronic Communications

You consent to receive all notices and communications from Tapara in electronic form, including via the app, push notifications, and email. You are responsible for maintaining current contact details and regularly checking your devices for notifications.

17. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide at least 14 days’ notice via the app or email before the changes take effect. Changes required for security or legal compliance reasons may take effect immediately. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the changes, you may close your account.

18. Severability

If any provision of these Terms is or becomes invalid or unenforceable, that provision shall be deemed deleted and such invalidity or unenforceability shall not affect the remaining provisions, all of which remain in full force and effect to the extent permitted by law.

19. No Waiver

No failure to exercise or delay in exercising any right, remedy, or power under these Terms is a waiver of the right to demand exact compliance.

20. Assignment

Tapara may assign or transfer its rights and obligations under these Terms on notice to you to any party that assumes responsibility for providing the Services. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

21. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of the Services may be brought only in the courts of New Zealand.

22. Service Discontinuation

If Tapara ceases to operate the platform entirely, we will provide at least 30 days’ notice where practicable. Upon discontinuation, your account data will be handled in accordance with the Account Deletion and Data Retention provisions of these Terms. Tapara is not liable for any loss arising from discontinuation of the Services, including loss of loyalty programme progress, unredeemed vouchers, or platform data.

If you are a merchant, additional wind-down obligations are set out in the Merchant Agreement.

23. Complaints

If you have a complaint about our Services:

1. Contact us first: Email enquiries@tapara.co.nz. We will acknowledge your complaint within 5 business days and aim to resolve it within 20 business days.
2. Escalation: If we are unable to resolve your complaint, or you are not satisfied with our response, you may refer the matter to the Disputes Tribunal of New Zealand or take other legal action.

For full details, see our Complaints Process.

24. Contact

Tapara Limited
Email: enquiries@tapara.co.nz
NZBN: 9429053591470