The "HeyTap Website User Agreement" (hereinafter referred to as "Agreement") is entered into by and between Orope Netherlands B.V., a company established in Netherlands with Zip code 2988 CL, and its registered office at Florijinstraat 1, 2988CL Ridderkerk, (hereinafter referred to as “Orope”) and all the Users who scan, click the HeyTap Website or use our HeyTap service.
You are expected to carefully read and fully understand all the provisions herein, especially those by which the responsibilities of Orope and its affiliates are exempted or limited, those limiting the rights of You, and those regarding dispute resolution and applicable law, which are in bold or underlined for Your attention.
Please carefully read and decide whether or not to accept this Agreement. Unless You have already accepted all the terms herein, You have no right to use the Site and the Service performed by Orope.
1.1 Users (You): Any individual, legal entity, or other organization who scan, click the HeyTap Website or use our HeyTap service.
1.2 HeyTap: A brand which includes a comprehensive global Internet-based services with a range of products on the market,, including but not limited to HeyTap ID and Health.
2.1 The rights (including but not limited to intellectual property rights) attached to the design drawing, texts, pictures, audios, videos, trademarks, and other information and materials that are used for or serve HeyTap Sites and Service are owned by Orope or gained by Orope. Without consent from Orope and other relevant right holders, the aforesaid information or materials must not, directly or indirectly be, gifted, loaned, leased, transferred, sold, redistributed, republished, copied or be used for any other commercial/promotional purposes by You.
2.2 You may use information on HeyTap services or downloading from the Site, you make no modifications to any such information, make no additional representations or warranties relating to such information and documents containing such information, and retain HeyTap's legal rights notice.
3.1 When you use a specific HeyTap Service, that service may have separate agreements and relevant business rules (hereinafter collectively referred to as "separate agreements"). Once the above content is officially released, it is an integral part of this agreement, and you should also abide by it. Your acceptance of any of the foregoing separate agreements shall be deemed to be your full acceptance of this agreement.
3.2 You may not use the Site for any purpose that is unlawful or prohibited by this User Agreement, and may not use the Site or any Content to infringe the rights of other entities or individuals.
3.3 You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or the structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information by any means not purposely made available through the Site. Orope reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site or to any of the services offered on or through the Site by any illegitimate means. You may not launch any form of cyber attacks on the Site.
3.4 Orope reserves the rights to suspend, restrict or terminate (wholly or partially) your rights to access the Site or Services at its sole discretion if you breach this Agreement, separate agreements, infringe the rights or violate the law.
4.1 This Site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided by third parties and including the third-party Content.
4.2 Such third parties bear full responsibility for such Third Party Linked Sites and Content. Orope disclaims representations, warranties or claims on the content and its authenticity or accuracy, or the availability, reliability, security or other aspects of such Linked Sites and any other aspects (including any rights therein) that are not under Orope's control. Risks arising from your access to and use of Linked Sites and Content will be borne by yourself.
4.3 You confirm and agree that Third Party Sites and Content may be subject to the proprietary rights or intellectual property rights of third parties. You must not use, modify, lease, lend, sell, distribute or otherwise deal with all or any part of the Third Party Content without authorization from the relevant rights owner and you agree that you will not create derivative works based on all or any part of Third Party Content. Orope will not be liable for any consequences arising from your use of Linked Sites.
5.1 Without limiting anything else in this Agreement and to the extent permitted by applicable law, we and our subsidiaries and affiliated legal entities disclaim and make no guarantees or warranties, express or implied, in respect of the Sites and Services, including for merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.
5.2 The Sites and Services are provided on an “as is” and “as available” basis and should not be relied upon for any specific purpose. We make no guarantee that the Sites and Services will be error-free, accurate, uninterrupted, timely or secure. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
5.3 You acknowledge that there are inherent risks in using Sites and Service(including data privacy and security risks), you understand and agree that we do not assume any responsibility for any losses (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using the Sites and Services that arise in connection with events out of our control or force majeure factors including under the following circumstances:
(1) malfunction of or inability to operate your device, the Services or any connected system normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(2) interruption or delay or malfunction of or inability to operate your device, the Services or any connected system caused by computer viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
(3) interruption, termination or delay or malfunction of or inability to operate your device, the Services or any connected system caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(4) interruption or delay or malfunction of or inability to operate your device, the Services or any connected system due to internet connectivity issues; or
(5) losses or liabilities you may suffer due to your unlawful or improper use of the Services or any breach of this Agreement by you.
5.4 You agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
5.5 The aggregate liability of Orope and its affiliates to you for any damage or loss incurred as a result of your use of the Site shall not exceed the total subscription fees or similar fees arising from or in connection with your use of any services or features of the Site.
5.6 We do not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.
6.1 This Agreement is governed by the laws of Netherlands, except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
6.2 To the extent permitted by applicable law, you and we shall first turn to amicable negotiations to resolve any dispute or issue in relation to the Sites and Services arising from this Agreement. In the event that no resolution can be concluded within 30 days from the date when such dispute has first been raised by either party, either party shall have the right to submit the dispute (which may be contractual or non-contractual) to the courts of Netherlands as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or will not permit you to consent to the jurisdiction and venue of Netherlands or if the courts in your country consider this as being unfair, then the courts of your usual place of residence will apply to such disputes related to this Agreement. This does not affect your right to start proceedings to protect your legal position.
7.1 Headings used in this Agreement are for convenience and ease of navigating this Agreement and shall not be used as any basis on which the meaning of the Agreement shall be interpreted.
7.2 If any term of this Agreement is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected and they shall continue to be legally binding to you and us.
7.3 You must comply with any and all applicable domestic and international export laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your access to the Sites and Services or any part of them for the purpose of complying with any such export laws and restrictions.
7.4 To the extent that you provide any feedback, suggestions, improvements or other ideas to us (whether in connection with the Sites and Services), you do so without charge and we accept such feedback, suggestions, improvements or other ideas without any obligation to compensate you for them in any way. You acknowledge that we may use such feedback, suggestions, improvements or other ideas (including to create new products or otherwise exploit or commercialise them) in any way and for any purpose at our discretion.
7.5 Orope reserves the right, at its sole discretion, to change this Agreement from time to time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Site and Service following the posting of changes will mean that you accept and agree to the changes.
Last update: January 2021