Terms of Use

1. Agreeing to these terms

These Terms of Use are an agreement between you and Tap and Take Technologies ("Tap and Take," "we," "us"). They apply when you use our website at tapandtake.tech, or buy from one of our smart coolers or self-checkout micro markets. By using our website or making a purchase, you agree to these terms and to our Privacy Policy. If you don't agree, please don't use them.

2. Using our website and machines

Our smart coolers and micro markets are placed at host locations like apartment buildings, offices, and gyms. Access to a machine may depend on the host's own rules and hours for their property. Please use our machines the way they're meant to be used: pay for what you take, handle products and equipment with care, and follow any instructions on the machine or screen.

You agree to give accurate information when you fill out a form on our website, and not to use the website for anything unlawful or to interfere with how it works.

3. Purchases and pricing

• Prices are shown at the machine, on product labels or shelf tags, or on the screen. Prices include any applicable taxes or fees unless stated otherwise.
• Our machines are cashless. You can pay with a credit card, debit card, or a phone or watch tap, as accepted at that machine.
• Your purchase is processed by a third-party payment processor. Your card issuer's terms also apply.
• Products and prices can change at any time, and not every product is available at every location.
• If a price is shown in error, we may correct it. If we've already charged you the wrong price, we'll refund the difference.

4. Card holds and charges at smart coolers

Here's how a smart cooler purchase works, so there are no surprises on your statement:

1. Authorization hold. When you tap your card or phone to unlock the door, your card is pre-authorized for a set amount. This is a temporary hold, not a charge. It confirms your card is valid before the door opens.
2. Take what you want. The cooler's cameras and sensors recognize which products you take out. If you put something back, you won't be charged for it.
3. Close the door and you're charged. When the door is closed, you're charged only for the items you took. The temporary hold is then released or adjusted to the final amount. How quickly a released hold disappears from your account depends on your bank, usually within a few business days.

If you open the door and take nothing, you won't be charged, though you may briefly see the pending hold. Please close the door fully when you're done. Items taken while the door is held open under your session may be charged to your card.

At a micro market, you scan or select your items and pay at the self-checkout kiosk before you leave.

5. Refunds

If something goes wrong, we'll make it right. In short:

• You can request a refund if you were charged for items you didn't take, charged twice or the wrong amount, got a product that was expired or damaged, or had a machine error.
• Submit a request using our refund request form and include the date and time, the location, the items, and (optionally) the last 4 digits of your card. Never send your full card number.
• A real person on our team reviews every request, usually within 2 business days. Approved refunds go back to your original payment method, and usually show up within 5 to 10 business days, depending on your bank.
• Please contact us within 30 days of the purchase.

See the full Refund Policy for details. If you dispute a charge with your bank instead, we'll cooperate with the dispute process, but contacting us first is usually faster.

6. Prohibited conduct and tampering

You agree not to:

• Take products without paying, or try to avoid or trick the payment or product-recognition system (for example, by blocking cameras, swapping products, or holding the door open for someone else)
• Damage, tamper with, move, unplug, or open any part of a machine other than the door, or interfere with its cameras, sensors, card reader, or screen
• Use a card or payment method you're not authorized to use
• Contaminate, open, or tamper with products and put them back
• Submit false refund requests or chargebacks
• Attack, overload, scrape, or try to gain unauthorized access to our website or systems

If we reasonably believe someone has violated these rules, we may charge their payment method for products taken, decline future transactions from that payment method, share information with the host and law enforcement where appropriate, and pursue any other remedies available under the law.

7. Text messages (SMS)

Texting with us is optional. If you check the text message box on one of our forms, you agree to receive text messages from Tap and Take Technologies about the request you submitted. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. You can also reach us at sales@tapandtake.tech or (858) 922-5377. Consent isn't required to buy anything. Carriers are not liable for delayed or undelivered messages. We don't share or sell your phone number or SMS consent with third parties for their marketing. See the Text messages section of our Privacy Policy for more.

8. Host placements

If you're a property owner, manager, or business that hosts one of our machines, your placement is governed by a separate written agreement between you and Tap and Take. If that agreement and these terms conflict, the written agreement controls for the placement. Submitting a cooler request on our website doesn't create a placement agreement or obligate either of us to anything.

9. Our website content

The text, graphics, logos, and other content on our website belong to Tap and Take or are used with permission. You may view and share our pages for personal, non-commercial purposes, but you may not copy or reuse our content for commercial purposes without our written permission.

10. Disclaimers

We work hard to keep our machines stocked, working, and accurate, but we can't promise they'll always be available, error-free, or carry a particular product. Our website and machines are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Products are made by their manufacturers, and any product warranty comes from the manufacturer. Please check product labels for ingredients and allergens before eating or drinking. Nothing in these terms limits rights you have under consumer protection laws that can't be waived.

11. Limitation of liability

To the fullest extent allowed by law, Tap and Take and its owners, employees, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of our website or machines. Our total liability for any claim related to these terms, our website, or a purchase is limited to the greater of the amount you paid for the purchase at issue or $100. Some places don't allow these limits, so they may not fully apply to you.

12. Governing law

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts located in San Diego County, California, and you and we agree to those courts' jurisdiction. You may also bring an eligible claim in small claims court.

13. Changes to these terms

We may update these terms from time to time. When we do, we'll change the "Last updated" date at the top of this page. Changes apply to purchases and website use after the update. If you keep using our website or machines after a change, you accept the updated terms.

14. Contact us

Tap and Take Technologies
4901 Morena Blvd Ste 300
San Diego, CA 92117
Email: sales@tapandtake.tech
Phone: (858) 922-5377