Tap Merchant Agreement

Introduction

This agreement is between you (the Merchant) and Jet Support Pty Ltd (ABN 89 090 381 196) trading as Tap Advertising ("Tap"). It covers your use of any Tap merchant service, across both of Tap's merchant pathways:

• Tap Payments - Tap supplies a payment terminal, and you enter a separate agreement with one of our partner acquirers to process card payments. The acquirer settles funds directly to your nominated bank account.
• Tap Ads - you show ad creatives supplied by Tap, either on your existing POS, customer display or payment terminal hardware from another compatible platform, or on a device Tap supplies you for the purpose (the Tap Ads Tablet - see Part D).

On either pathway your Location can earn an advertising rebate for the ads it shows (Part B).

You can use one pathway, the other, or both at the same time. Each Location you operate is on one pathway at a time, but a single business can run a mix of Locations on different pathways. When you add a pathway later, see clause C4.

Tap may make ad delivery available on other devices or surfaces over time. Where you supply the device, the Tap Ads terms for your own device apply; where Tap supplies the device, the Tap-supplied device terms in Part D apply - in each case as if that device or surface were named in this agreement.

Where a clause applies only to one pathway or one device type it says so. Everything else applies to all merchants.

1. Eligibility

You must be an Australian business with a valid ABN. The legal entity that accepts this agreement (the Business Entity) is responsible for compliance at every Location enrolled under it.

2. Multiple Business Entities

A single Tap account can hold more than one Business Entity (for example, you operate two companies with different ABNs). Each Business Entity accepts this agreement separately; clauses about payouts, RCTIs, pricing plans and acquirer agreements apply per Business Entity. Our partner acquirer also requires each Business Entity to hold its own agreement with them.

3. Defined terms

In this agreement:

• Business Entity means the legal entity (a company, sole trader or partnership) with an ABN that accepts this agreement and under which one or more Locations are enrolled.
• Location means a single place of business you operate that is enrolled with Tap (for example one cafe, shop or store). Each Location is on one pathway at a time.
• Acquirer means the partner bank or payment processor that provides your Merchant Service Agreement and processes and settles your card payments (Part A).
• Merchant Service Agreement means your separate agreement with the Acquirer governing card processing, settlement, chargebacks, reserves and data security.
• Pricing Plan means the document Tap prepares for you and that you accept before your terminal goes live, setting out your card-processing fees (clause A3).
• Ad Product means the advertising product a campaign books against your Location, which sets how the rebate for that campaign is calculated (for example a set amount per day, an amount each time an ad is shown, or an amount for each valid customer action).
• Rebate means the advertising rebate a Location earns for showing Tap ads (Part B).
• RCTI means a Recipient-Created Tax Invoice - a tax invoice Tap issues on your behalf for your rebate, as permitted by the GST law (clause B4).
• Profile band means the activity tier Tap assigns to a Location based on its transaction volume, used to scale the rebate for some Ad Products. The current bands are published in the Tap Ads app; Tap sets your Location's band from its transaction statement (clause B3). A change to the band definitions that reduces your rebate is subject to clause C10 notice.
• grace allowance means the number of missed verifications Tap forgives for a Location in a calendar month before its rebate is affected (clause B10). The current allowance is shown in the Tap Ads app; a reduction to it is subject to clause C10 notice.
• payout period means the calendar month over which a Location's rebate is accrued, settled and (where clause B9 or B10 applies) assessed for forfeiture. Rebate is settled monthly, by the 21st of the following month (clause B6).

Other capitalised terms have the meaning given to them where they are used in this agreement. Where a term is also defined in Tap's published materials (the Tap Ads app, the Tap Ads Knowledge Base, the Tap Payments Knowledge Base or your Pricing Plan), the definition in this agreement prevails.

Part A - Tap Payments

Applies when you take a Tap payment terminal.

A1. Payment terminals

Tap will provide you with one or more payment terminals enabling you to accept card payments at your Location(s). Terminals are supplied at no upfront cost and remain Tap's property at all times. Tap is not a bank, an acquirer or a card scheme.

A2. Your agreement with the acquirer

Card payments taken on your terminal are processed by one of Tap's partner acquirers (the Acquirer), which we identify to you during onboarding. To take card payments you must apply for, and be approved for, a Merchant Service Agreement with the Acquirer. Under that agreement, and not this one:

• (a) the Acquirer decides whether to approve your application, including its identity, anti-money-laundering and credit checks, and collects your identity documents and bank proof directly from you, and may decline or later suspend or end your facility under its own terms;
• (b) the Acquirer processes and settles your card transactions, settling directly to your nominated bank account on its standard timing (normally the next business day);
• (c) the Acquirer charges and collects the processing fees, at the rates set out in your Tap Pricing Plan (clause A3), from your nominated account;
• (d) chargebacks, disputed transactions, refunds, reserves, card scheme rules, data security (PCI DSS) and the Acquirer's other operating requirements are governed by the Merchant Service Agreement.

Tap will help you complete the Acquirer's application and will submit it on your behalf where the Acquirer allows; this may occasionally include uploading identity or bank documents you send us to the Acquirer's portal on your behalf, in which case Tap handles them only to submit your application and does not retain them. Tap cannot guarantee approval and cannot influence the Acquirer's decision. If the Acquirer declines or ends your facility, Tap cannot provide the Tap Payments pathway to you, and clause A9 applies. If anything in this Part A is inconsistent with the Merchant Service Agreement on a matter of card processing, settlement, chargebacks, reserves or data security, the Merchant Service Agreement prevails for that matter.

A3. Fees and your Pricing Plan

The fees you pay for card processing are set out in your Pricing Plan - a document Tap prepares for you and that you accept before your terminal goes live. Your Pricing Plan states:

• (a) the pricing model, which may be a flat fee per transaction, a blended rate (one percentage across card types), or interchange-plus-plus (the card scheme's interchange and scheme fees passed through at cost, plus Tap's margin - so the amount varies by card type, scheme, region and whether the card is present, and changes when the schemes change their fees);
• (b) any minimum, fixed or additional fees that apply to you, and whether each amount is inclusive or exclusive of GST; and
• (c) the date it takes effect.

There are no fees for the Tap Payments pathway other than those in your Pricing Plan and those in your Merchant Service Agreement. Tap provides the rates in your Pricing Plan to the Acquirer, which bills you at those rates.

Tap may change your Pricing Plan by giving you at least 30 days' written notice, including where interchange, scheme, regulatory or Acquirer costs change, or where your actual transaction volume, average transaction value or card mix differs from what you told us when the plan was prepared by more than 20% over two consecutive calendar months. If you do not accept the new plan, you may end the Tap Payments pathway under clause A9 without any early termination charge from Tap.

A4. Surcharging

Subject to applicable law and card scheme rules, you may apply a surcharge to customers for card payments until Australia's card-surcharge ban takes effect on 1 October 2026, after which surcharging is prohibited under most circumstances. Where you ask Tap to configure a surcharge on your terminal or in Tap's software, you are responsible for choosing a surcharge that does not exceed your cost of acceptance, for telling customers about it, and for turning it off when the law requires. Tap configures the surcharge as you instruct and is not responsible for under- or over-collection caused by your instructions. Tap may disable surcharging on your terminal or in Tap's software where the law or card scheme rules require, regardless of any surcharge you have asked Tap to configure.

A5. Looking after the terminal

Because the terminal is Tap's, and because the Acquirer treats it as equipment you supply, we share the responsibilities as follows.

Tap will: keep the terminal certified for use with the Acquirer; keep its software and security settings up to date, including updates the card schemes or the Acquirer require; repair or replace a terminal that fails through no fault of yours (fair wear and tear included), at no cost to you; supply the terminal's mobile data connection where we say we will; and keep an accurate record of which terminal is at which Location.

You must: keep the terminal secure and safe from loss, damage, misuse or theft; not expose it to extreme conditions; not open, tamper with, modify or install anything on it; not move it to another Location or address without asking us first; keep it powered on and connected during your trading hours so it can receive updates; and tell us promptly about any damage, fault, loss or theft.

You are liable for loss, theft or damage to a terminal other than fair wear and tear. Where that happens, Tap may charge you the then-current replacement cost for that terminal model published in the Knowledge Base (the single source for replacement costs). The replacement cost that applies is the one published at the time of the loss.

A6. Return of terminals

When the Tap Payments pathway ends at a Location (clause A9) you must return every terminal for that Location to Tap within 14 days after Tap provides you with the prepaid return method. If a terminal is not returned within that time, or is returned damaged beyond fair wear and tear, Tap may charge you its replacement cost under clause A5.

A7. Chargebacks, refunds and disputes

Chargebacks and disputed transactions are handled by the Acquirer under your Merchant Service Agreement, and the Acquirer may debit your nominated account for them and for any related fee. Tap does not decide chargebacks and does not hold your settlement funds. Tap will give you reasonable help to respond to a dispute, including transaction records from your terminal and Tap's software.

A8. Advertising on the terminal

The terminal displays advertising from third-party advertisers. This is part of how Tap keeps its processing rates low, and it is also how your Location can earn an advertising rebate under Part B. Tap is responsible for ensuring the ads it supplies comply with applicable law and are appropriate for your venue type. You may ask us to exclude specific advertisers or categories; we will acknowledge and action reasonable requests within 10 business days, but may refuse an exclusion that would materially affect the service. Showing an ad is not your endorsement of it, and you have no liability for ad content.

A9. Ending the Tap Payments pathway

You may end the Tap Payments pathway, for one Location or all of them, by giving Tap at least 30 days' written notice. Your Merchant Service Agreement with the Acquirer has its own ending provisions; Tap may end the pathway on 30 days' notice, immediately if the Acquirer ends your facility, or for your breach only in accordance with clause C7 (material breach, with a cure period where the breach can be remedied). When the pathway ends, clause A6 applies to the terminals and any Tap Ads rebate for those Locations is settled under Part B.

Part B - Tap Ads

Applies to any Location that shows Tap ads and can earn an advertising rebate, whether on a Tap payment terminal (Part A), a device Tap supplies you (Part D), or your own device.

B1. Program summary

You agree to show ad creatives supplied by Tap on the registered device at each enrolled Location. In return, Tap pays you a rebate for the ads that Location delivers. How the rebate is calculated depends on the Ad Product booked against it - for example a set amount per day, an amount each time an ad is shown, or an amount for each successful customer action (such as a QR-code scan or a resulting enquiry). Rebates are settled monthly, by the 21st of the following month (clause B6). Your earnings are variable and are not guaranteed - see clause B8. You may leave Tap Ads at any time - for a whole business or for a single Location.

B2. Verifying that ads are showing

Where your device type requires it - as set out in the Tap Ads app for that device - maintaining your rebate requires a verification submission per Location on the cadence shown in the app. A Tap payment terminal or a Tap Ads Tablet reports its own status to Tap, so those Locations may have lighter or no verification requirements; the app tells you what applies to each Location. Where a Location that must verify does not do so within its grace allowance, Tap may pause the rebate and, over a payout period, forfeit it (see clause B10).

B3. Transaction statement

Where your device type requires it, once a month you authorise Tap to request a transaction-volume statement from your platform, and to check that the Location is operating at a level consistent with the Profile band assigned to it. Tap requests only the transaction totals it needs for that check, not individual customer or transaction details. Tap may adjust the Profile band - and the rebate calculated against it - based on the result. Where this applies, your monthly rebate is also conditional on the statement being provided and validated - see clause B9. You may revoke this authorisation at any time; if you do, Tap cannot validate that Location's statement, so its rebate is held or forfeited under clause B9 and the Location may be moved to Tap's lowest Profile band. For Locations on a Tap payment terminal, Tap already holds the transaction data and no statement is required.

B4. Recipient-Created Tax Invoices

This clause is a recipient-created tax invoice agreement for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 and the ATO's RCTI determinations. The supply it covers is the advertising services you supply to Tap by showing Tap ads at your Location; your rebate is the consideration for that supply. You and Tap agree that: (a) Tap will issue Recipient-Created Tax Invoices (RCTIs) for that supply, and adjustment notes where needed, and you will not issue tax invoices for it; (b) both you and Tap are registered for GST when each RCTI is issued; (c) each party will notify the other if it stops being registered for GST; and (d) Tap will not issue an RCTI for a period in which either party is not registered for GST. If you are not registered for GST, Tap issues a remittance advice instead of an RCTI. You undertake to tell Tap if your ABN, GST registration status, or registered business address changes.

B5. Held rebate - onboarding

Until a Location's onboarding is complete (for your own device: bank verification, pre-onboarding evidence and the first verification photo; for a Tap payment terminal: bank verification and the Acquirer's approval), accrued rebate is held. If a Location's onboarding remains incomplete more than 90 days after enrolment, Tap may forfeit the held amount after admin review.

B6. Leaving Tap Ads

You may leave Tap Ads at any time from the Tap Ads app - for a whole business or for a single Location. We ask for reasonable notice so we can wind down ad delivery cleanly. Any ad campaigns already running continue to their scheduled end date. After you leave, any rebate still owing to you is settled in the normal monthly payment run (by the 21st of the following month), less any amount held or forfeited under clauses B5, B9, B10 or B12.

B7. Verification integrity

Each verification photo must genuinely reflect what is showing on your registered device at this Location, taken at the time of submission. Deliberately submitting a photo that does not reflect what is actually on your screen - including reusing an old photo, photographing a printout or another device showing the ad, or sharing photos between Locations - is a material breach of this agreement. Where Tap suspects or identifies such conduct, Tap may (a) contact you for clarification; (b) place the Location on heightened monitoring; (c) hold or withhold rebate pending resolution; (d) suspend the Location from Tap Ads; (e) share relevant information about the suspected conduct with the Acquirer; or (f) in serious or repeated cases involving deliberate misrepresentation, report the matter to the relevant authorities. Tap will always seek to address concerns through the earliest, gentlest step in this list first.

B8. What affects what you earn

Your Tap Ads earnings are made up of two separate things, and neither is a fixed or guaranteed amount:

• (a) Ad rebate - paid only while an ad campaign is running on your Location. A rebate accrues for a Location only when Tap has a campaign booked against it, the current ad is loaded on the device, and any verification the app requires for that device is being done. For a Tap Device, the verification the app requires is the automatic placement check described in clause D4; the effect of a failed or missing check is set out in clause B10. Tap does not guarantee that a campaign will be available for your Location at any given time, or continuously. When no campaign is running on your Location, no ad rebate accrues for that period. Some ad content earns no rebate - for example Tap's own or house content shown when no paying campaign is available, or an Ad Product whose rebate rate is set to zero. Showing ad content does not by itself entitle you to a rebate; you earn only the rebate set for the Ad Product actually running on your Location.
• (b) Participation amounts - where Tap chooses to pay a participation fee or participation points for a Location, this is set by Tap at its discretion and may change or stop. It is not a guaranteed or ongoing entitlement.

The rebate rate and basis are set per Ad Product and may differ from one campaign to the next; Tap may set a different rate or basis for future campaigns. The current rate and basis for each Ad Product running at your Location are shown to you in the Tap Ads app. What you actually earn in any period depends on factors including: whether a campaign is available for your Location; the rate and basis for that campaign; how promptly the ad is loaded and kept showing; your verification and check-in cadence where it applies; your transaction statement where it applies (clauses B3 and B9); the Profile band assigned to your Location; and, for performance-based campaigns, how many valid customer actions occur (clause B12). Any "up to" or example earnings figure Tap publishes - in marketing, the app, or elsewhere - is an illustration of a possible maximum under favourable conditions, not a promise of what you will earn. Nothing in this clause limits any rights you have under the Australian Consumer Law.

B9. Transaction statement - rebate held and forfeited

Where clause B3 applies to a Location, its monthly rebate is conditional on Tap receiving and validating that Location's transaction statement. Until the statement for a month is validated, that month's accrued rebate is held rather than paid. If the statement for a month is not provided and validated by the end of the following month, the held rebate for that month is forfeited. Tap will remind you before the cut-off. If you provide a valid statement for that month within six months of the cut-off, Tap will pay the rebate that was forfeited for the missing statement; after six months the forfeiture is final.

B10. Missed verifications - rebate held and forfeited

Where clause B2 applies to a Location, maintaining its rebate requires verifying on the required cadence. Missed verifications within your monthly grace allowance do not affect your rebate. If a Location misses more than its grace allowance of required check-ins in a payout period, the rebate for that Location for that payout period is forfeited, and the next period starts fresh. Because a verification confirms the ad was showing at the time it is submitted, a missed check-in cannot be made up afterwards. Forfeiture is assessed per Location - your other Locations are unaffected. Where a rebate is held or forfeited under this clause or clause B9, Tap will tell you in the app and, where you ask, explain why.

Tap Devices. A Tap Device verifies through the automatic placement check in clause D4, so the grace allowance and forfeiture rules in the paragraph above do not apply to it. Instead, if a placement check fails or is missing, Tap will tell you in the app promptly and rebate for that Location is held from the date of that check. The held rebate is released, and paid in the next payment run, once a later check passes - including after you re-baseline the reference image under clause D4. If no check has passed by the end of the payout period following the one in which the check first failed, the rebate held for that Location up to that point is forfeited; rebate then accrues again only from the next passing check. A check that is missing because the Tap Device could not run it for a reason within Tap's control does not count as failed or missing. You may ask Tap to have a person review a failed check, and no rebate is forfeited while that review is open.

B11. Rebates are separate from processing fees

Your ad rebate is calculated, reported and paid separately from any card-processing fees you pay under your Pricing Plan and your Merchant Service Agreement. Tap does not net one against the other, and a change in one does not change the other.

B12. Performance-based campaigns

For campaigns where your rebate depends on customer actions (such as QR-code scans or resulting enquiries), Tap determines which actions are valid and count towards your rebate - for example excluding duplicate, automated or otherwise invalid actions - using rules published in the Tap Ads app and Knowledge Base, which Tap may vary. If Tap pays a rebate on actions later found to be invalid, fraudulent or artificially generated, Tap may reverse or recover (claw back) the corresponding rebate, including by deducting it from future rebate. Tap may only claw back a rebate within 90 days of paying it. Before recovering, Tap will tell you which actions it considers invalid and the amount, and give you a reasonable chance to respond. Deliberately generating or inflating customer actions is a material breach of this agreement.

Part C - Applies to Both Pathways

C1. Tap's general obligations

Tap will (a) provide the services described in the pathways you use; (b) calculate and pay any amounts payable to you under this agreement; (c) issue RCTIs as authorised; and (d) provide reasonable customer support.

C2. Customer data

Tap does not collect customer information via the Tap Ads ad-delivery flow (impression data is aggregated at the Location level). On the Tap Payments pathway, Tap processes transaction data (amounts, times, truncated card data) to provide the service, and the Acquirer processes cardholder data under your Merchant Service Agreement. On a Tap Device, Tap may capture occasional still images for the placement check and reference image described in clause D4. Tap's handling of all of this is governed by Tap's Privacy Policy.

C3. Privacy

Tap's collection, use, and disclosure of personal information is governed by Tap's Privacy Policy, published at tappayments.com.au/privacy. That policy covers both pathways, including the Tap Device camera described in clause D4. You undertake to comply with applicable privacy laws in your handling of customer information.

C4. Adding the other pathway later

If you sign up for one pathway today and later add the other (for example, you're on Tap Ads and take a Tap payment terminal at a new Location; or you're on Tap Payments and add your own device at a sibling cafe), Tap may ask you to accept the then-current version of this agreement before the new pathway starts, and you will need to provide the information the new pathway requires (for example bank verification for Tap Ads, or the Acquirer's application for Tap Payments).

C5. Term

This agreement starts when you accept it and continues on a month-to-month basis until terminated, each month running from the day of the month on which you accepted it.

C6. Termination by you

You may terminate this agreement at any time by giving 30 days' written notice. You may also exit either pathway independently while keeping the other (see A9 and B6).

C7. Termination by Tap

Tap may terminate this agreement: (a) for a material breach - immediately if the breach cannot be remedied, or if it can, on written notice giving you 14 days to remedy it, if you do not; (b) immediately, for suspected fraud or illegal activity; or (c) on 30 days' notice, for any other reason. If Tap terminates, any amounts you've already earned that haven't been held or forfeited under A6, B5, B9, B10 or B12 are paid to your nominated bank account in the normal way.

C8. Liability

To the extent permitted by law, Tap's liability under this agreement is limited to direct damages and shall not exceed the greater of (i) the total fees paid by you to Tap in the 12 months preceding the claim, (ii) the total rebate Tap has paid you in the 90 days preceding the claim, or (iii) AUD $1,000. Tap is not liable for the acts or omissions of the Acquirer, or for the failure of a card, network or system to function, except where caused by Tap's negligence or wilful default. It is your responsibility to have another way to accept payments if a terminal or system is unavailable. Nothing in this clause limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under the Australian Consumer Law.

C9. Indemnity

You indemnify Tap against claims, losses and expenses to the extent they arise from (a) your breach of this agreement; (b) your negligence or misconduct; or (c) a third-party claim relating to your business, your goods or services, or your display of Tap ads (other than a claim about the content of a Tap ad, for which clause A8 applies). This indemnity does not apply to any loss to the extent it is caused by Tap's own breach, negligence or wilful default.

C10. Amendment

Tap may amend this agreement by giving you at least 30 days' written notice. If you do not accept an amendment, you may terminate this agreement (or the affected pathway) without penalty by telling us before the change takes effect. Continued use of the services after the change takes effect constitutes acceptance.

C11. Assignment

You may not assign this agreement without Tap's written consent, which Tap will not unreasonably withhold. Tap may assign this agreement to an affiliate or to a successor of its business, and will give you notice if it does.

C12. Governing law and disputes

This agreement is governed by the laws of New South Wales, Australia. Before starting court proceedings, the parties will first try in good faith to resolve the dispute by discussion, including escalation to a senior representative of each party, unless a party needs urgent relief from a court. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

C13. Entire agreement and incorporated documents

This document, together with the documents listed below, is the entire agreement between you and Tap for the services it covers, and supersedes any prior discussions or representations about Tap's services to you. The following also form part of this agreement: (a) your Pricing Plan; (b) the Tap Ads app rules and the Tap Ads Knowledge Base; and (c) the Tap Payments Knowledge Base. If they conflict, they apply in this order of precedence: this agreement first, then your Pricing Plan, then the Tap Ads app rules and the Knowledge Bases - except that, on any matter of card processing, settlement, chargebacks, reserves or data security, your Merchant Service Agreement with the Acquirer prevails (clause A2). Your Merchant Service Agreement is otherwise a separate agreement between you and the Acquirer. Tap may update the app rules and the Knowledge Bases from time to time: where a change to them would reduce what you earn or increase what you owe, clause C10 (notice) applies; other operational changes take effect when Tap publishes them.

C14. Confidentiality

The rates in your Pricing Plan, and the identity and terms of the Acquirer, are confidential between you and Tap. You may disclose them to your professional advisers and where the law requires.

C15. Notices

For an operational notice, Tap gives you notice through the Tap Ads app, the merchant portal, or by email or SMS to the contact details on your account, and the notice is taken to be received when it is sent. For a notice that changes your Pricing Plan (clause A3), ends the Tap Payments pathway (clause A9), amends this agreement (clause C10) or terminates it (clause C7), Tap will send it by email (or SMS) as well as in the app, and it is taken to be received on the next business day after Tap sends it. You give Tap notice through the Tap Ads app or merchant portal, or by email to the notices address Tap publishes, taken to be received when sent. If you are a Tap Ads merchant using your own device, Tap gives you in-app notice with no web browser required; the email or SMS for a Pricing Plan, pathway-end, amendment or termination notice is a message to your own address, not a link into the merchant portal.

Part D - Tap-Supplied Ad Devices

Applies when Tap supplies you with a device to show ads on the Tap Ads pathway - currently the Tap Ads Tablet, and any other ad-display device Tap may supply (each, a "Tap Device"). This Part covers the device itself; the rebate you earn on it is governed by Part B.

D1. What it is

Instead of using your own device, you may host a Tap Device at your Location to show ad creatives in exchange for a rebate. A Tap Device is supplied for showing Tap ads; it is not a payment terminal (a payment terminal is governed by Part A).

D2. Earning on a Tap Device

The Part B earning terms apply to a Tap Device in the same way as any other Location that shows Tap ads. Because Tap supplies and manages the Tap Device, the verification and operating requirements Tap sets for it (in the Tap Ads app) may differ from those for your own device - for example, the device confirms its own status automatically rather than by a photo. Clause B7 (verification integrity) is about merchant-submitted photos and does not apply to a Tap Device (or any other device) that reports its own status.

D3. The Tap Device remains Tap's property

Tap supplies the Tap Device at no upfront cost; it remains Tap's property at all times. You must keep it secure, keep it powered and connected, position it to show ads to your customers in line with the placement guidance in the Tap Ads app, not tamper with or modify it, not use it for any purpose other than showing Tap ads, and tell us promptly about any damage, fault, loss or theft. You are liable for loss, theft or damage to a Tap Device other than fair wear and tear, and Tap may charge you the then-current replacement cost for that device published in the Knowledge Base (the replacement cost that applies is the one published at the time of the loss).

D4. Tap manages the device

You acknowledge the Tap Device is centrally managed by Tap. To run the service, and for verification, support, security and diagnostics, Tap may remotely configure, update, lock, unlock or disable the Tap Device and control what it displays. Tap may also activate the Tap Device's camera to take occasional still images, which may be taken during your trading hours, for two purposes only: (a) to confirm the Tap Device is in its approved position and is not obscured, by comparing a placement check image against a reference image; and (b) to investigate suspected misuse. A reference image is taken when you confirm the Tap Device is in position. If you move the Tap Device, or its surroundings change so that the reference no longer reflects its position, tell Tap through the Tap Ads app and a new reference image will be taken; Tap may also refresh the reference image itself. A new position must meet the placement guidance in the Tap Ads app. The comparison is carried out by automated image analysis, which may be performed by a third-party processor under Tap's Privacy Policy. Tap uses the camera only for these purposes; it does not capture video or audio, and does not use the images for facial recognition or any other biometric purpose. Tap keeps a reference image for as long as the Tap Device is hosted at that Location and deletes it within 90 days after the device is returned, the reference is re-baselined or you leave Tap Ads at that Location; Tap deletes placement check images within 90 days; except that where an image is needed to investigate suspected misuse, Tap keeps that image only for as long as the investigation or any related dispute requires and then deletes it. Because the camera may capture your premises, you consent to this use when you enrol a Tap Device, and you are responsible for displaying any notice your state or territory's surveillance-devices law requires and for informing your staff. Tap uses these remote controls only to provide, verify, support and secure the service, and for no other purpose; images are handled under Tap's Privacy Policy. You must not remove the Tap Device from Tap's management or attempt to repurpose it.

D5. Return of a Tap Device

When you stop hosting a Tap Device at a Location, leave Tap Ads, or this agreement is terminated, you must return it to Tap within 14 days after Tap provides you with the return method. If it is not returned within that time, or is returned damaged beyond fair wear and tear, Tap may charge you its replacement cost under clause D3.

D6. Ending

You may stop hosting a Tap Device at any time from the Tap Ads app. Clause B6 (leaving Tap Ads, including settlement of rebate owing) and clause D5 (return) apply.

Acceptance

By clicking "I Accept" during signup (Tap Ads enrolment via the Tap Ads app, or Tap Payments signup and acquirer onboarding via the merchant portal or with Tap's help), the Merchant agrees to be bound by this Agreement. A merchant who accepted an earlier version and adds a pathway may be asked to accept this version first (clause C4). Merchants on an earlier version who do not add a pathway are moved to this version by notice under clause C10.