1. About This Notice
TAPDX Tags are independent NFC-enabled products that can be programmed or reprogrammed to open digital destinations selected by the customer.
Those destinations may include social-media profiles, websites, messaging services, booking pages, portfolios, forms, payment pages, digital menus, contact pages, applications and other online services.
Many of those destinations are operated by businesses that are independent of TAPDX.
This Notice explains the relationship between TAPDX products and those third-party platforms, the way TAPDX may refer to third-party names and trademarks, what TAPDX controls, what remains under the control of the third-party provider, and the customer's responsibility for destinations, content and third-party accounts selected for use with a TAPDX product.
Nothing in this Notice removes a consumer right that applies by law.
2. TAPDX Is an Independent Product
TAPDX Tags are supplied independently by Iconic Connex (Pty) Ltd, operating the TAPDX Tags business.
A TAPDX Tag is not manufactured, supplied, operated or controlled by a third-party digital platform merely because the Tag can be programmed to open that platform.
For example, a TAPDX Tag may be capable of opening a customer's social-media profile, website, booking page or messaging destination while remaining an independent TAPDX physical product.
The digital destination and the physical TAPDX product are therefore separate.
3. References to Third-Party Platforms
TAPDX may refer to a third-party platform by name in product information, website content, customer journeys, support material, demonstrations, examples, order information or other TAPDX communications.
Such a reference is used to identify or describe a digital destination, a connection option, an intended use, a customer-selected destination, an example use case, or compatibility relevant to the TAPDX product.
A reference to a third-party platform does not, by itself, mean that TAPDX or the TAPDX product is manufactured by that platform, supplied by that platform, owned by that platform, affiliated with that platform, sponsored by that platform, endorsed by that platform, authorised by that platform, an official product of that platform, or official merchandise of that platform.
Where TAPDX has a genuine commercial partnership, authorised integration, sponsorship or other relationship with a third party, TAPDX may describe that relationship separately and accurately.
4. Third-Party Trademarks and Intellectual Property
Third-party names, trademarks, logos, service marks, trade dress and other intellectual-property rights remain the property of their respective owners.
TAPDX does not claim ownership of those rights merely because a third-party name or mark is referred to in connection with a TAPDX product.
References such as “Connect to LinkedIn”, “Connect to Instagram”, “Connect to TikTok” or similar descriptions are intended to identify the relevant destination or intended use of the TAPDX product.
The reference does not convert the TAPDX product into a product of the named platform.
TAPDX will not knowingly represent a third-party trademark as a TAPDX-owned mark or deliberately use a third-party brand in a manner intended to create a false impression of sponsorship, affiliation or endorsement.
6. Customer-Selected Destinations
Where a customer chooses the digital destination connected to a TAPDX product, the customer is responsible for selecting the destination and ensuring that the destination is suitable for the customer's intended purpose.
This includes checking, where applicable, the web address, profile address, booking link, payment link, messaging link, form, portfolio, website page, social-media profile, or other digital destination supplied to TAPDX or entered by the customer.
Where TAPDX asks the customer to approve the destination before programming or production, the customer is responsible for checking that the approved destination is correct.
7. TAPDX Programming
Where a customer purchases or requests TAPDX programming, TAPDX will program the destination supplied or approved by the customer in accordance with the applicable order.
TAPDX is responsible for programming the product to the confirmed destination correctly.
The customer remains responsible for the accuracy and suitability of the destination supplied or approved.
If TAPDX enters a destination incorrectly, that is a TAPDX programming error and will be dealt with accordingly.
If TAPDX correctly programs the destination provided or approved by the customer, a later discovery that the customer supplied the wrong address does not make the physical TAPDX Tag defective.
Where the product remains reprogrammable, changing the destination may provide a practical solution.
8. Customer Programming
Where the customer chooses to program or reprogram the TAPDX Tag themselves, the customer is responsible for the programming action performed after delivery.
TAPDX may provide setup guidance or troubleshooting assistance, but TAPDX cannot guarantee the accuracy of a destination entered independently by the customer.
Customer programming does not remove any right relating to a genuine defect in the physical TAPDX product.
Likewise, an incorrect customer-entered destination does not automatically establish that the physical product is defective.
9. Availability of Third-Party Platforms
Third-party platforms and external services are operated independently of TAPDX.
Those providers may change their services from time to time.
Changes may include changes to web addresses, to the platform's applications, or to the functionality it offers.
They may also include changes to account requirements, to login requirements, to the platform's API, to the way links behave, or to the browsers and devices the platform supports.
A platform may remove a feature, restrict a service, introduce a subscription requirement, suspend an account, or restrict access according to where the customer is.
It may also suffer an outage or an interruption to its service, close its business, or discontinue the service entirely.
TAPDX does not control those changes.
A later change made independently by a third-party platform does not, by itself, mean that the physical TAPDX Tag is defective.
10. Third-Party Account Changes
The customer remains responsible for maintaining any third-party account that the customer chooses to connect to a TAPDX product.
A TAPDX product does not guarantee that the customer will continue to have access to a third-party account.
For example, TAPDX is not responsible merely because a third-party provider suspends the customer's account, closes the customer's account, removes content, changes an account username, changes a profile address, restricts access, requires additional verification, changes its membership terms, or otherwise alters the customer's relationship with that platform.
Where the TAPDX Tag itself continues to function, the issue may need to be addressed with the relevant third-party provider or by changing the destination programmed to the Tag where technically possible.
11. Customer Changes to Content or Destinations
A TAPDX Tag does not control the content that exists at the destination to which it points.
If the customer deletes, moves or changes a webpage, profile, file, account, form or other destination after the Tag has been programmed, the Tag may continue attempting to open the original destination.
That does not automatically mean the physical Tag has failed.
Where the Tag is still capable of being reprogrammed, the destination may be updated where technically possible.
Customers should therefore consider whether a destination is likely to remain stable before permanently locking a Tag.
12. Permanent Locking
Permanent locking or making a Tag read-only may prevent future changes to the programmed destination.
Customers should not permanently lock a TAPDX Tag unless they are satisfied that the programmed destination should remain fixed.
Where the customer permanently locks the Tag after delivery, TAPDX may be unable to change the destination later.
A third-party platform subsequently changing its web address, closing the destination or altering its service does not make TAPDX responsible for reversing a customer-side permanent lock that cannot technically be undone.
This does not affect a claim relating to a separate defect that existed independently of the locking action.
13. TAPDX Does Not Guarantee Third-Party Continuity
TAPDX does not guarantee that an independently operated platform will continue to exist indefinitely or continue operating in exactly the same way.
A representation that a TAPDX product can connect to a particular platform describes the functionality reasonably available at the relevant time.
It is not a promise that the third party will never change its service.
This distinction is particularly important because TAPDX cannot control another company's future product roadmap, commercial strategy, account rules, technical architecture or service availability.
14. TAPDX Remains Responsible for Its Own Representations
The fact that a third-party platform is independently operated does not give TAPDX permission to make inaccurate claims about the TAPDX product.
If TAPDX materially represents at the time of sale that a product works with a particular destination, device, technology or platform, TAPDX remains responsible for the accuracy of its own representation at the time it is made.
TAPDX cannot rely on this Notice to avoid responsibility where the actual problem was that TAPDX made a materially incorrect representation concerning the product's functionality or compatibility.
A later independent change made by the third-party platform is different from a representation that was already inaccurate when TAPDX made it.
15. TAPDX Product Functionality Remains TAPDX's Responsibility
The independence of a third-party platform also does not excuse a genuine defect in the TAPDX product itself.
Where the physical Tag, NFC component or TAPDX-provided programming is defective or incorrect for a reason attributable to TAPDX, the matter will be dealt with under the applicable TAPDX Cancellation & Returns Policy and any rights that apply by law.
TAPDX will not classify a genuine physical product failure as a third-party platform issue merely because the Tag happens to point to an external service.
Responsibility depends on what actually caused the problem.
16. Third-Party Privacy Practices
When a TAPDX Tag opens a third-party website, platform or service, the customer or person tapping the Tag may enter an environment controlled by that third party.
That third party may then collect or process information under its own privacy policy, cookie policy, account terms, tracking practices, data-retention practices, or other service terms.
TAPDX does not control an unrelated third party's independent privacy practices merely because a TAPDX Tag opens that service.
Customers and users should review the third party's own privacy information where relevant.
This is different from a service provider that processes personal information on behalf of TAPDX. Personal information that TAPDX itself provides to a service provider remains subject to the responsibilities described in the TAPDX Privacy Policy and POPIA Notice.
17. Third-Party Terms and Conditions
Use of a third-party destination may be subject to the terms imposed by the operator of that platform.
The customer is responsible for complying with the third-party terms applicable to the account, content or destination that the customer chooses to connect to a TAPDX product.
TAPDX does not have authority to waive another company's terms on the customer's behalf.
A TAPDX product being technically capable of opening a particular destination does not mean that the third-party provider has agreed that every possible customer use of that service is permitted.
18. Customer Content and Rights
Customers who provide names, logos, photographs, artwork, branding, text, graphics, videos, trademarks or other content for use in a Custom or Bulk TAPDX product are responsible for ensuring that they have the rights, permissions or licences reasonably required to use that material and to authorise TAPDX to reproduce it for the order.
TAPDX's receipt of customer-supplied content does not transfer ownership of that content to TAPDX.
TAPDX receives only the rights reasonably required to assess the request, prepare the quotation or proof, produce the approved order, perform quality control, fulfil the transaction and retain records where lawful and necessary.
Submitting customer material for production does not automatically grant TAPDX permission to use that material in unrelated marketing or promotion.
To the extent permitted by law, a customer is responsible for a third-party claim arising directly from material that the customer supplied, that the customer instructed TAPDX to reproduce, that TAPDX reproduced substantially in accordance with that instruction, and that the customer did not have the necessary right or permission to use.
This does not make the customer responsible for a separate infringement introduced independently by TAPDX.
19. Third-Party Logos on Custom Products
Where a customer asks TAPDX to reproduce a third-party logo, trademark or other protected material as part of a Custom or Bulk order, the customer is responsible for ensuring that the requested use is authorised.
TAPDX may refuse, pause or request clarification concerning an order where there is a reasonable basis to believe that the requested use may infringe another person's rights or falsely suggest an affiliation that does not exist.
TAPDX is not required to perform a full intellectual-property investigation into every item of artwork submitted by a customer.
Customer approval and instruction do not, however, require TAPDX to knowingly reproduce clearly unlawful material.
20. No Automatic Endorsement of Customer Destinations
TAPDX does not endorse every website, profile, business, product, service, opinion or piece of content that a customer chooses to connect to a TAPDX Tag.
A customer being able to program a TAPDX Tag to a destination does not mean TAPDX has reviewed, approved, sponsored or adopted the content at that destination.
The customer remains responsible for the content and destination they choose, subject to the applicable TAPDX order terms and law.
21. Prohibited or Unlawful Destinations
TAPDX may decline to program, reproduce or knowingly facilitate a destination or customer instruction where doing so would itself be unlawful or where TAPDX has a legitimate legal or safety reason not to proceed.
This does not mean TAPDX continuously monitors every third-party destination after an order has been fulfilled.
Where a customer changes a destination after delivery, responsibility for that later customer-controlled destination remains with the customer.
22. Third-Party Integrations Are Different From Simple Links
A TAPDX product merely opening a third-party web address is different from TAPDX operating a technical integration with that platform.
Where TAPDX later introduces an API integration, connected account service or other functionality that depends directly on a third-party system, TAPDX may publish additional terms describing that integration.
Those additional terms may address matters such as permissions, authentication, data exchange, service availability, account access, integration-specific limitations, and the consequences of the third party changing or ending the integration.
This Notice does not prevent TAPDX from introducing those services in future.
23. Commercial Partnerships and Collaborations
TAPDX may in future enter into genuine commercial relationships with third-party brands, platforms, event organisers, retailers or other organisations.
Where a genuine partnership, collaboration, sponsorship or authorised relationship exists, TAPDX may identify it accurately.
A partnership relating to one campaign, product, event or activation does not automatically mean that the third party sponsors, endorses or is affiliated with every TAPDX product or activity.
The scope of any genuine relationship is determined by the relevant arrangement.
24. Examples and Demonstrations
TAPDX may demonstrate a Tag opening a third-party platform or may use examples to help customers understand potential use cases.
An example is illustrative unless TAPDX expressly states that it forms part of a contractual product specification.
For example, showing that a Tag may be used for a social-media profile, portfolio, event registration page or booking link does not mean TAPDX operates or guarantees the underlying service.
TAPDX remains responsible for ensuring that any material representation it makes about its own product is not false or misleading.
25. Platform-Specific Product Descriptions
Where TAPDX uses a description associated with a particular digital destination, the description identifies the customer journey or intended use associated with that product presentation.
It does not necessarily create a technically different NFC product.
Unless the product specification expressly states otherwise, a platform-related description does not permanently prevent the customer from using a compatible reprogrammable TAPDX Tag for another destination later.
This allows TAPDX to present useful customer-specific use cases without falsely suggesting that the third-party platform manufactured the underlying Tag.
26. Compatibility May Change
Technology evolves.
A phone manufacturer, operating-system provider, browser provider, social platform or other third party may change functionality that affects the way a digital destination is opened or displayed.
TAPDX may update its guidance as technology changes.
Where a compatibility issue arises, TAPDX may assess whether the cause is the TAPDX physical product, TAPDX programming, the customer's programming, the customer's device, the operating system, the browser, the external destination, the third-party platform, or another technical factor.
The appropriate outcome depends on the actual cause.
27. External Service Charges
Some third-party destinations or services may charge their own subscription, transaction, hosting, messaging, booking, payment-processing or other fees.
Unless TAPDX expressly states otherwise, the price paid for a TAPDX product does not include fees independently charged by the operator of a third-party service.
The customer is responsible for understanding any third-party costs associated with the destination they choose.
TAPDX does not receive those fees merely because its Tag provides a connection to the external service, unless a separate commercial arrangement expressly says otherwise.
28. External Service Outages
A temporary or permanent outage affecting a third-party platform does not automatically make a TAPDX Tag defective.
Where appropriate, a customer can determine whether the Tag itself remains functional by testing the NFC response or another suitable destination.
If the Tag functions correctly but the external service is unavailable, the issue lies with the external service rather than the physical TAPDX Tag.
If the Tag itself fails independently of the external service, TAPDX will assess that product issue separately.
29. Changes to This Notice
TAPDX may update this Notice as its products, supported use cases, integrations and relationships with third-party services develop.
A later update does not retrospectively create a partnership or affiliation that did not exist at the time of an earlier transaction.
Where TAPDX introduces a materially different relationship with an external platform, including a formal technical integration or partnership that changes the customer's position, TAPDX may provide additional or revised terms where appropriate.
30. Relationship With Other TAPDX Policies
This Notice should be read together with the other TAPDX policies that apply to the relevant transaction.
In particular, product defects and returns are dealt with under the Cancellation & Returns Policy, customer artwork and specifications for personalised production are also governed by the Custom & Bulk Order Policy, processing of personal information by TAPDX is governed by the Privacy Policy and POPIA Notice, website tracking is governed by the Cookies & Website Tracking Policy, and the general sale of TAPDX products is governed by the Terms of Sale.
Where a specific TAPDX service or integration has additional terms, those terms may also apply.
31. Legal Rights
Nothing in this Notice is intended to exclude or reduce a consumer right that applicable South African law does not permit TAPDX to exclude.
In particular, the independence of a third-party platform does not permit TAPDX to make false, misleading or deceptive representations about its own products or about an association, sponsorship or endorsement that does not exist.
Similarly, the existence of a third-party platform does not remove TAPDX's responsibility for a genuine defect or failure attributable to the TAPDX product itself.
The purpose of this Notice is to allocate responsibility according to what each party actually controls rather than to transfer all responsibility to the customer.
32. Contact TAPDX
Questions about TAPDX products, third-party destinations, programming, compatibility or the use of customer-supplied branding may be sent to:
hello@tapdxtags.com
Where the question relates to a particular order or product, please provide enough information for TAPDX to identify the transaction and understand the issue.
The TAPDX third-party platform principle
TAPDX Tags are independent NFC-enabled products.
A TAPDX Tag may connect a person to a third-party digital service without becoming a product of that third party.
Third-party names and trademarks may be used to identify or describe genuine destinations, intended uses or customer-selected connections. Such references do not, by themselves, create sponsorship, endorsement, ownership or affiliation.
TAPDX is responsible for the TAPDX product, TAPDX programming where purchased, and representations TAPDX itself makes.
The customer is responsible for customer-selected destinations, customer-supplied information and the third-party accounts or content within the customer's control.
The third-party provider is responsible for its own platform, service, policies and independent changes.