Terms & Conditions

These Platform Terms and Conditions (v1.0) were published on 15 August 2025.

A reference to ‘Tag & Go’, ‘we’, ‘us’, or ‘our’ refers to Smart Soluxions Limited, a company incorporated in England and Wales with company number 16143811.​

Our registered office is: Kinetic Business Centre, Theobald Street, London, WD6 4PJ, United Kingdom

IMPORTANT DISCLAIMERS

(A) WE DO NOT GUARANTEE UNINTERRUPTED SERVICE, FUNCTIONALITY, OR ACCESSIBILITY TO THE TAG & GO PLATFORM, TAG DEVICES, OR ANY ASSOCIATED SERVICES. IN PARTICULAR, WE DO NOT WARRANT THAT:​

  1. THE PLATFORM OR DEVICES ARE ERROR- OR VIRUS-FREE;​
  2. THE SYSTEM WILL BE ACCESSIBLE AT ALL TIMES OR COMPATIBLE WITH ALL HOTEL SYSTEMS;​
  3. THE DATA GENERATED IS COMPLETE OR ACCURATE;​
  4. USE OF OUR SYSTEM WILL RESULT IN RECOVERY OF LOST ITEMS;​
  5. THE SERVICE IS FIT FOR A PARTICULAR PURPOSE.

(B) SUBSCRIPTION FEES ARE PAYABLE MONTHLY OR ANNUALLY IN ADVANCE AND ARE NON-REFUNDABLE, INCLUDING WHERE SERVICE USAGE DOES NOT OCCUR.

(C) HOTELS ARE RESPONSIBLE FOR ENSURING THEIR INFRASTRUCTURE (E.G. INTERNET ACCESS, OPERATIONAL PROCESSES) IS SUITABLE FOR THE SYSTEM. WE MAKE NO GUARANTEE THAT WE CAN CONTINUE PROVIDING SERVICES IN THE EVENT OF CHANGES IN LAW, REGULATION, OR MARKET CONDITIONS.

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions and rules of interpretation set shall apply to this Agreement:

Authorised Users: means, in respect of the relevant Services, the named users authorised by the Customer to use those Services in accordance with the terms of this Agreement;

Business Day: means a day other than a Saturday, Sunday or bank or public holiday in England;

Customer: means the entity that has registered for the Platform and any authorised representative of such entity;

Customer Data: means any and all information (including personal data) that is provided to Tag and Go by the Customer in the provision of the Services;

Intellectual Property Rights: means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:

  1. whether registered or not;
  2. including any applications to protect or register such rights;
  3. including all renewals and extensions of such rights or applications;
  4. whether vested, contingent or future; and
  5. wherever existing.

Materials: means all services, data, information, content, Intellectual Property Rights, websites, software and other materials provided by or on behalf of Tag and Go in connection with the Services, but excluding all Customer Data;

Non-Tag and Go Materials: means all third-party materials, including any code, open-source code, applications, models, third-party Intellectual Property Rights, and any software, plugin, or infrastructure information technology required to provide the Services or the Platform;

Permitted Purpose: means use solely for the Customer’s internal hotel operations in connection with managing and tracking guest luggage using the Tag & Go reusable tagging system and associated platform, and, where applicable, for use by the Customer’s authorised hotel group entities or affiliates identified in the relevant Subscription Order Form. All such use must be in accordance with the documentation, intended functionality, and these Terms and Conditions.

Permitted Purpose expressly excludes, to the maximum extent permitted by law:

  1. copying, reproducing, publishing, distributing, redistributing, broadcasting, transmitting, modifying, adapting, editing, abstracting, storing, archiving, publicly displaying, sublicensing, leasing, selling, assigning, transferring, or otherwise commercially exploiting any part of the Tags, platform, data, or documentation provided as part of the Services, whether for financial gain or otherwise;
  2. permitting any access to or use of the Services by any third party outside of the Customer’s organisation or authorised hotel group (including but not limited to timesharing, outsourcing, or making the Services available in whole or in part to any third party not expressly authorised under this Agreement);
  3. incorporating or integrating any Tag & Go Services, components, platform data, or applications into any other platform, product, or service, or creating derivative works, modifications, or enhancements based on them;
  4. reverse engineering, decompiling, disassembling, observing, studying, testing, or attempting to extract the source code, technical architecture, or functional mechanisms of the Tags, platform, or any other part of the Services, except as expressly permitted by this Agreement or where such actions cannot be prohibited under applicable law.

Platform: means the Tag and Go online platform that the Customer is entitled to use subject
to the terms of this Agreement and made available at https://tagandgo.co.uk ;

Services: means:

  1. access to the Platform; and
  2. the Subscribed Services.

Subscribed Services: means the services, access, and functionality that is provided to the
Customer for free or upon payment of the Subscription Fee and described as either:

  1. free access;
  2. premium subscription; or
  3. premium + subscription,

each with varying rights and benefits as set out in clauses 2.5.1 – 2.5.3 below;

Subscribed Service Period: the term of the Subscribed Services as set out in clause 15;

Subscription: means the provision of the Subscribed Services by Tag and Go to Customer for the Subscription Period in consideration of payment of the Subscription Fee;

Subscription Fees: means in respect of the Subscribed Services, the fees payable by the Customer on a monthly or annual basis (as the case may be) as displayed on the Platform;

Tag and Go: means Tag and Go Limited, a company incorporated in England and Wales under a company incorporated in England and Wales under company registration number 16143811

Tag and Go Confidential Information: means all information (whether in oral, written or electronic form) relating to Tag and Go’s business which may reasonably be considered to be confidential in nature including information relating to Tag and Go’s technology, know-how, Intellectual Property Rights, assets, finances, strategy, products and customers. All information relating to the Pricing Terms, the Description and any other technical or operational specifications or data relating to each Subscribed Service shall be part of Tag and Go Confidential Information;

Terms of Engagement: means (as further described in clause 1.5) the separate terms and conditions agreed between Tag and Go (or any Tag and Go affiliate) and the Customer that sets out the terms applicable to the provision of Professional Services by Tag and Go (or any Tag and Go affiliate).

VAT: means value added tax, any other tax imposed in substitution for it.

IN OUR AGREEMENT:

1.1.1 the table of contents, background section and the clause, paragraph, schedule or other headings in this Agreement are included for convenience only and shall have no effect on interpretation;

1.1.2 Tag and Go and the Customer are together the parties and each a party, and a reference to a party includes that party’s successors and permitted assigns;

1.1.3 words in the singular include the plural and vice versa;

1.1.4 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

1.1.5 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (including email);

1.1.6 a reference to any action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than Australia, be deemed to include a reference to that which most nearly approximates to the Australian equivalent in that jurisdiction

1.1.7 when a Customer creates an account or enters into a Subscription with Tag and Go the Customer accepts that such use will be subject to these Platform Terms and Conditions which shall bind the Customer at all times in respect of the Customer’s use of the Platform and (if applicable) the Subscribed Services, together with the respective documents set out in clause 1.1.8 below (the Agreement);

1.1.8 the event of any conflict in respect of the provisions of this Agreement and/or the documents referred to in it the following order of priority shall prevail (in descending order of priority):

  1. these Platform Terms and Conditions;
  2. the Platform Community Guidelines; and
  3. the Acceptable Use Policy;

1.1.9 subject to the order of priority between documents in clause ‎1.1.8 later versions of documents shall prevail over earlier ones if there is any conflict or inconsistency between them.

1.2 In addition to the above documents referred to within clause 1.1.8, we draw your attention to the following policies that apply to your use of our Platform and our site:

1.2.1 our Privacy Policy and

1.2.2 our Cookie Policy.

1.3 Any obligation of Tag and Go under this Agreement to comply with Applicable Laws shall be such Applicable Laws as stated and in force on the date that these Platform Terms and Conditions were published (such date as set out at the head of these Platform Terms and Conditions).

1.4 This Agreement shall govern the use and access of the Platform by the Customer (and provision of the Platform by Tag and Go to the Customer) and associated Subscribed Services.

1.5 The Customer acknowledges that in the event that Tag and Go (or any Tag and Go affiliate) provides any professional Services, such Professional Services shall be governed by separate terms and conditions. The terms governing the Professional Services shall be defined as the “Terms of Engagement” and shall be as agreed between the Customer and Tag and Go (or any Tag and Go affiliate) from time to time.

2. RIGHTS OF USE

2.1 Subject to the terms of this Agreement, Tag and Go grants the Customer a non-exclusive, limited, non-transferable right to:​

2.1.1 access and use the Tag and Go Platform solely for internal hotel operations; and​

2.1.2 use the QR luggage tags, reports, analytics, and materials provided by Tag and Go strictly as necessary to operate the tagging and guest luggage management solution within their property or authorised group properties.

2.2 The Customer must not resell, reverse engineer, sub-license, modify, distribute, or use the Tag and Go system or tags for purposes outside their intended operational use as described in this Agreement. Platform access is provided via the internet and is dependent on the Customer maintaining adequate internet connectivity.

2.3 The Customer acknowledges that Tag and Go does not provide or include the following within the Services:

2.3.1 Internet access, networking equipment, mobile devices, or any hardware necessary to connect to the Platform or use QR scanning features. The Customer is responsible for procuring these at its own cost.

2.3.2 Dedicated backup or disaster recovery systems for Customer Data. Customers are advised to maintain their own backups.

2.3.3 Legal, accounting, insurance, or compliance advice. Tag and Go is not a regulated professional service provider and gives no warranty that its Services comply with any specific legal or regulatory obligations.

2.4 Tag and Go reserves the right to update, modify, restrict, or enhance the Subscribed Services from time to time. Any updates or changes published on the Tag and Go Platform shall become binding on the Customer, provided such changes do not materially reduce the core benefits of the Subscription without reasonable cause or regulatory requirement.

2.5 SUBSCRIPTION LEVELS

The rights and benefits available to the Customer will depend on the Subscription level selected:

2.5.1 Trial Access (Limited Period)
  • Use of up to 100 Tags
  • Access to the basic dashboard and reporting features
  • One-time onboarding call
  • Access limited to a single hotel site
  • Basic support via email
2.5.2 Standard Subscription (Paid Monthly)
  • Tag provisioning for property size (up to agreed quantity)
  • Full access to platform features (dashboard, analytics, notifications)
  • Digital onboarding toolkit for hotel staff
  • Monthly usage reports
  • Ongoing email and live chat support
2.5.3 Premium Subscription (Paid Annually)
  • All benefits of the Standard Subscription
  • Priority onboarding and live setup session
  • Support for multiple hotel locations under a single dashboard
  • Quarterly strategic reviews and usage insights
  • Early access to beta features and enhancements

2.6 If the Customer exceeds the tag quantity, user limit, or any other agreed usage cap under their Subscription tier, Tag and Go may, at its sole discretion, require the Customer to upgrade their plan. If the Customer declines, Tag and Go reserves the right to suspend or terminate access without further notice.

2.7 Tag and Go reserves the right to charge overage or upgrade fees where the Customer’s usage exceeds the agreed limits in their Subscription. These fees will be communicated in advance.

2.8 QR tags and the digital tools provided with the Platform are to be used exclusively within the subscribing Customer’s premises or organisation. Customers may not:

  • Resell, lease, or distribute the tags to unauthorised third parties;
  • Use Tags for consumer-facing resale, outside commercial partnerships, or non-hotel purposes (unless expressly approved in writing by Tag and Go);
  • Repurpose tags for use with non-Tag and Go systems or platforms.

3. AUTHORISED USE AND USERS

3.1 The Tag and Go Services are intended solely for use by business entities (such as hotels or hospitality groups) that are legally registered in the United Kingdom or other approved jurisdictions. The Services are not intended for private, consumer, or personal use.

3.2 The Customer shall use and access the Services solely for their internal hotel operations in accordance with:

  • The Permitted Purpose outlined in Clause 2;
  • The subscription level selected;
  • The terms and usage restrictions set out in this Agreement.
  • The Customer shall not exploit or repurpose the Services (including the Tags or Platform) for commercial resale, licensing, or other unauthorised commercial purposes, except as expressly agreed in writing with Tag and Go.

3.3 The Customer shall ensure that only Authorised Users (i.e. employees, on-site staff, or approved contractors of the Customer or its group entities) access and use the Services. Access credentials must not be shared externally or among unauthorised individuals.

3.4 The Customer shall:

3.4.1 be fully responsible for the actions and omissions of its Authorised Users;

3.4.2 ensure access to the Platform is granted only via official login credentials provided by Tag and Go, and not shared with anyone outside the Customer’s organisation or authorised entities;

3.4.3 ensure all Authorised Users are made aware of and agree to comply with the terms of this Agreement, including obligations concerning confidentiality and intellectual property.

3.5 The Customer warrants that it (and its Authorised Users) will keep all usernames, passwords, and access credentials strictly confidential, and only share them with internal administrative personnel where necessary for service use. Password sharing with unauthorised third parties is strictly prohibited.

3.6 The Customer and all Authorised Users shall at all times comply with this Agreement and
any acceptable use policies published by Tag and Go.

3.7 If access credentials are found to have been shared or compromised, the Customer must promptly disable such access and notify Tag and Go immediately. Tag and Go reserves the right to disable access or suspend accounts where misuse is suspected.

3.8 Clauses 3.4 to 3.8 (inclusive) shall survive the termination or expiry of this Agreement.

4. INDEMNITY

4.1 The Customer shall indemnify, keep indemnified and hold harmless Tag and Go from and against any losses, claims, damages, liability, unpaid fees, and costs (including legal and other professional fees) and expenses incurred by it (or any of its affiliates) as a result of
the Customer’s breach of this Agreement.

5. CHANGES TO SERVICES AND TERMS

5.1 Tag and Go may, in its sole discretion, update or amend any of the documents referenced in Clause 1.1.8, Clause 1.2, or elsewhere in this Agreement—including, but not limited to, platform usage policies, feature specifications, service descriptions, and operational documentation—from time to time.

5.2 If any update to this Agreement materially impacts the rights or obligations of the Customer, Tag and Go will notify the Customer in writing (via email or platform notification) (“Update Notification”).

5.3 The updated document(s) will take effect and supersede the previous version(s) five (5) Business Days after the date of the Update Notification, unless a later effective date is specified by Tag and Go.

5.4 The Customer acknowledges and agrees that Tag and Go may modify, enhance, limit, or discontinue specific features or functions of the Services at any time. This may include (without limitation):

  • Changing tag tracking capabilities or platform layout
  • Adjusting or imposing limits on data usage, storage, or analytics frequency
  • Introducing new functionality or retiring older features
  • Modifying how reports or notifications are generated or delivered
  • Updating the number of supported users or tags per subscription level

Such modifications shall not unreasonably reduce the overall functionality of the Services without cause, unless required by applicable law or regulation.

6. FEES

6.1 The Subscription Fees payable by the Customer will be as outlined in the applicable pricing schedule on the Tag and Go Platform or any mutually agreed written proposal. The Customer agrees to pay the Subscription Fees in the manner and frequency stated (monthly or annually).

6.2 Subscription Fees are payable in advance and shall recur automatically each month or year (depending on the billing frequency chosen) on the anniversary of the original payment date.

6.3 Any additional services, such as tag replenishment beyond agreed limits or implementation support across multiple hotel locations, may incur additional fees. These shall be agreed in advance in writing and billed separately.

6.4 All fees are exclusive of VAT and any other applicable taxes, which will be added where required by law.

6.5 The Customer acknowledges that all Subscription Fees are non-refundable, including in cases where the Services are only partially used or not used at all.

6.6 If the Customer fails to make payment when due:

6.6.1 Tag and Go may suspend access to the Services and/or terminate this Agreement with immediate effect;

6.6.2 Tag and Go may charge interest on overdue sums at a rate of 4% per annum above the Bank of England base rate, from the due date until payment is made in full (whether before or after judgment).

6.7 Tag and Go reserves the right to increase Subscription Fees with at least six (6) weeks’ prior written notice, provided that such increases occur no more than once in any twelve (12) month period.

7. WARRANTIES

7.1 Subject to the remainder of this clause 7, Tag and Go warrants that:

7.1.1 during the applicable Subscription Period, the Subscribed Services will operate in all material respects in accordance with the published service descriptions, provided the Customer uses the Services in compliance with this Agreement and under normal operating conditions; and

7.1.2 the Services will be delivered with reasonable care and skill by Tag and Go or its authorised representatives.

7.2 The Customer acknowledges that this warranty does not apply to any trial or free access to the Tag and Go Platform. Trial or demo access is provided strictly “as is”, without any warranties, representations, or guarantees of performance.

7.3 The Customer accepts that internet-based services inherently carry risks of delays, interruptions, errors, or performance degradation due to public communications networks or third-party system dependencies (e.g. mobile scanning devices, hotel Wi-Fi networks, or QR/NFC readers). Tag and Go shall have no liability for such issues.

7.4 If the Services fail to meet the warranty set out in clause 7.1, and such failure is reported to Tag and Go, Tag and Go shall (at its discretion):

7.4.1 use reasonable efforts to repair, replace, or re-perform the impacted Services within a reasonable timeframe; or​

7.4.2 refund a proportionate amount of the Subscription Fees paid for the impacted period (where the affected period exceeds 10 consecutive days); and​

7.4.3 the remedies above shall be the Customer’s sole and exclusive remedy for any breach of warranty under clause 7.1.

7.5 The warranties in clause 7.1 do not apply to the extent that a service error or failure arises from:

7.5.1 incorrect or unauthorised use of the Services or Tags by the Customer or its Authorised Users;​

7.5.2 use of the Services in breach of this Agreement or outside of intended operational environments;​

7.5.3 use of the Services with hardware, software, or third-party platforms not approved or compatible with Tag and Go;​

7.5.4 interference by third parties, including hacks, malware, or physical tampering with Tags;​

7.5.5 any modification or attempted repair of the Services not authorised by Tag and Go;​

7.5.6 any other breach of this Agreement by the Customer or its Authorised Users.

7.6 The Customer acknowledges and agrees that Tag and Go makes no warranty or representation (whether express or implied):

7.6.1 that the Services will meet the Customer’s unique operational or commercial objectives;​

7.6.2 that the Services will be entirely error-free, uninterrupted, or immune from minor technical issues;​

7.6.3 that the Services will integrate with all third-party software, tools, or hotel systems.

7.7 Except as explicitly stated in this clause 7 and subject to clause 16.7, all other warranties, conditions, or terms—whether statutory, implied, or otherwise—are excluded to the fullest extent permitted by law, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. CUSTOMERS RESPONSIBILITIES

8.1 The Customer shall (and shall ensure all Authorised Users shall) at all times:

8.1.1 comply with all applicable laws relating to the use or receipt of the Services, including laws relating to privacy, data protection and use of systems and communications;

8.1.2 maintain the confidentiality and security of their login credentials and ensure that Authorised Users do the same;

8.1.3 be responsible for all activities that occur under their account, including any unauthorised use of the Services;

8.1.4 not use the Services to infringe upon the Intellectual Property Rights of any third party;

8.1.5 not use the Services for any illegal or fraudulent purpose or in a manner that could damage, disable, overburden, or impair the Services;

8.1.6 not modify, adapt, translate, or reverse engineer the Services or any part thereof;

8.1.7 not sell, resell, sublicense, distribute, or lease the Services or any part thereof;

8.1.8 promptly notify Tag and Go of any security breaches or unauthorised access to the Services; and

8.1.9 be responsible for backing up their data and ensuring that they have the ability to recover their data in the event of a loss or corruption.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 All Intellectual Property Rights (IPRs) in and to the Tag and Go Services, including but not limited to the Platform, Tags, software, analytics tools, reports, documentation, processes, and any related materials (collectively, the “Materials”), shall remain the sole and exclusive property of Tag and Go (Smart Soluxions Limited) or its relevant licensors or third-party providers.

To the extent that the Customer, any of its affiliates, or any person acting on its behalf acquires any rights, title, or interest in any part of the Materials or Services, the Customer shall promptly assign (or shall procure the assignment of) such rights to Tag and Go with full title guarantee. This includes a present assignment of future rights. The Customer shall execute all documentation reasonably requested by Tag and Go to give effect to this clause.

9.2 The Customer and its Authorised Users may input, store, or transmit Customer Data via the Tag and Go Platform. The Customer hereby grants to Tag and Go (and its contractors and sub-processors) a royalty-free, non-exclusive, non-transferable licence to use, copy, transmit, and store such Customer Data solely as required to:

  • Provide the Services and operate the Platform;
  • Support, maintain, troubleshoot, and enhance the system;
  • Exercise Tag and Go’s rights and obligations under this Agreement.

This licence is limited to the scope of service provision and shall not give Tag and Go any ownership rights over the Customer Data.

9.3 Where the Services incorporate or interact with third-party tools, components, or data sets (“Non-Tag and Go Materials”), those components are governed by their own licensing terms, as published by the relevant third party or notified to the Customer by Tag and Go. Tag and Go does not grant or assign any Intellectual Property Rights in such Non-Tag and Go Materials.

9.4 Except for the limited rights expressly granted to the Customer and its Authorised Users under this Agreement, no rights, title, or interest in or to the Platform, Tags, Materials, or Services are granted, assigned, or transferred to the Customer, whether by implication, estoppel, or otherwise.

All rights not expressly granted to the Customer under this Agreement are reserved by Tag and Go.

9.5 This Clause 9 shall survive termination or expiry of this Agreement.

10. CUSTOMER SYSTEMS AND CUSTOMER DATA

10.1 All data inputted, uploaded, or otherwise transmitted to the Tag and Go Platform by the Customer or its Authorised Users—including guest movement data, luggage tag scan records, hotel usage statistics, and any personal data relating to hotel staff or guests—shall remain the property of the Customer or its licensors (“Customer Data”).

Nothing in this Agreement shall operate to transfer ownership of Customer Data to Tag and Go.

10.2 Tag and Go shall process any personal data provided by the Customer strictly inaccordance with:

  • Applicable data protection laws (including the UK GDPR and Data Protection Act 2018); and
  • Tag and Go’s Privacy Policy, as updated from time to time and made available on the Platform or website.

Tag and Go acts as a data processor in relation to Customer Data, and the Customer is the data controller, unless otherwise agreed in a Data Processing Agreement.

10.3 Tag and Go implements commercially reasonable security and disaster recovery protocols, and undertakes regular platform-level backups of system data (which may include Customer Data) for its own business continuity purposes.

However, the Customer acknowledges and agrees that:

  • Such backups are not intended as a substitute for the Customer’s own data backup responsibilities; and
  • Tag and Go makes no warranty or representation that Customer Data will not be lost, corrupted, delayed, or become inaccessible for reasons outside its control.

To the maximum extent permitted by law, Tag and Go shall have no liability (including in negligence) for any loss, corruption, unavailability, or destruction of Customer Data, including personal data.

11. CONFIDENTIALITY AND SECURITY OF CUSTOMER DATA

11.1 Tag and Go shall treat all Customer Data as strictly confidential. Except where necessary for the performance of the Services or as otherwise permitted under this Agreement, Tag and Go shall not access, use, or disclose any Customer Data without the Customer’s prior written consent.

Access to Customer Data shall be limited to authorised personnel who require such access in order to fulfil Tag and Go’s obligations under this Agreement and who are bound by confidentiality obligations no less protective than those set out herein.

11.2 The obligations in clause 11.1 shall not apply to any Customer Data (excluding personal data) that:

11.2.1 becomes publicly available through no act or omission of Tag and Go;​

11.2.2 is lawfully received by Tag and Go from a third party without breach of any confidentiality obligation;​

11.2.3 is independently developed by Tag and Go without reference to or use of the Customer Data; or​

11.2.4 is required to be disclosed by law, court order, or a regulatory or governmental authority, provided that, where legally permissible, Tag and Go shall provide prompt notice to the Customer prior to such disclosure.

Note: Clauses 11.2.1 to 11.2.3 do not apply to personal data, which shall always be handled in accordance with Clause 10 and Tag and Go’s Privacy Policy.

11.3 Upon termination or expiry of this Agreement, or where the Customer deletes its account, Customer Data will be retained on the Platform for 30 days, after which it will be irreversibly deleted from active systems, unless otherwise required by law or agreed in writing.

The Customer is solely responsible for exporting or backing up any Customer Data it wishes
to retain before this deletion occurs.

11.4 This Clause 11 shall survive termination or expiry of this Agreement for a period of ten (10) years, except for obligations relating to personal data, which shall survive for so long as Tag and Go retains such data.

12. TAG AND GO CONFIDENTIAL INFORMATION

12.1 The Customer agrees to maintain the strict confidentiality of all Tag and Go Confidential Information and shall not disclose, copy, store, or use such information for any purpose other than to exercise its express rights or fulfill its obligations under this Agreement.

The Customer shall not permit others to access or use Tag and Go Confidential Information except as specifically permitted under this Agreement and only to the extent strictly necessary for the use of the Services.

12.2 The Customer agrees to:

12.2.1 disclose Tag and Go Confidential Information only to those Authorised Users, employees, officers, contractors, or agents who have a legitimate need to know such information for purposes directly related to the Agreement;

12.2.2 ensure that such recipients are made aware of the confidential nature of the information and are bound by written confidentiality obligations no less protective than those contained in this Agreement; and

12.2.3 remain fully responsible for any unauthorised disclosure or misuse of Tag and Go Confidential Information by such recipients.

12.3 The Customer shall immediately notify Tag and Go if it becomes aware of any unauthorised access, disclosure, theft, or loss of Tag and Go Confidential Information and shall cooperate fully with Tag and Go to mitigate the impact and prevent recurrence.

12.4 The confidentiality obligations in this clause shall not apply to information that the Customer can demonstrate:

12.4.1 is or becomes publicly available through no fault of the Customer or its representatives;​

12.4.2 is lawfully received by the Customer from a third party without breach of any obligation of confidentiality;​

12.4.3 is independently developed by the Customer without use of or reference to Tag and Go Confidential Information; or​

12.4.4 is required to be disclosed by law, court order, or regulatory authority, provided the Customer (where legally permissible) promptly notifies Tag and Go and cooperates with any efforts to limit such disclosure.

12.5 This clause shall survive termination or expiry of the Agreement for a period of ten (10) years, except in respect of trade secrets, which shall remain subject to confidentiality obligations for so long as they remain confidential.

13. LIMITATION OF LIABILITY

13.1 The extent of Tag and Go’s liability under or in connection with this Agreement—whether arising in contract, tort (including negligence), misrepresentation, breach of statutory duty, under any indemnity, or otherwise—shall be governed by this clause.

13.2 Subject to clauses 13.4 and 13.6, Tag and Go’s total aggregate liability for all claims arising from or relating to the Subscribed Services (whether in a single claim or series of connected claims) shall not exceed an amount equal to the total Subscription Fees paid by the Customer in the twelve (12) months immediately prior to the event giving rise to the first such claim.

13.3 Where the Customer is using the Tag and Go Platform on a free or trial basis, Tag and Go’s total aggregate liability (howsoever arising) shall be limited to one hundred pounds (£100).

13.4 Subject to clause 13.6, Tag and Go shall not be liable for any indirect, incidental, special, punitive, or consequential losses or damages, including loss of opportunity, data, reputation, or third-party claims, whether foreseeable or not.

13.5 Without limiting the generality of clause 13.4, and subject always to clause 13.6, Tag and Go shall have no liability (direct or indirect) for:

13.5.1 loss of profit or revenue;​

13.5.2 loss, destruction, or corruption of data;​

13.5.3 software or system failure;​

13.5.4 damage to hardware or physical equipment;​

13.5.5 loss of business use or downtime;​

13.5.6 loss of production or operational efficiency;​

13.5.7 loss of contract or customer relationships;​

13.5.8 loss of anticipated savings or business advantage;​

13.5.9 reputational damage or loss of goodwill;​

13.5.10 penalties, fines, or costs resulting from delays in luggage recovery or customer service issues caused by failure to use the Services as instructed.

13.6 Nothing in this Agreement shall exclude or limit Tag and Go’s liability for:

13.6.1 death or personal injury caused by its negligence;​

13.6.2 fraud or fraudulent misrepresentation; or​

13.6.3 any other liability that cannot be excluded or limited under applicable law.

13.7 This clause 13 shall survive termination or expiry of this Agreement and continue to apply in full force.

14. SUSPENSION

14.1 Tag and Go reserves the right to suspend access to the Services (in whole or in part) for the Customer and/or its Authorised Users immediately and without liability if:

14.1.1 Tag and Go reasonably suspects that the Customer or its Authorised Users have breached any term of this Agreement or are misusing the Platform, QR tags, or related systems (including scanning workflows or guest data collection);​

14.1.2 the Customer fails to pay any Subscription Fees or other amounts due to Tag and Go by the agreed payment date; or​

14.1.3 such suspension is required by applicable law, regulation, or a court or governmental order.

14.2 In the case of suspected misuse or breach of this Agreement (under clause 14.1.1), Tag
and Go will conduct a prompt investigation. During the investigation period, Tag and Go may:

  • Temporarily suspend access to all or part of the Services;
  • Request further information from the Customer;
  • Restore access if no breach is confirmed; or
  • Maintain or escalate the suspension if a material breach is confirmed.

Tag and Go is not required to reinstate access until it is reasonably satisfied that the issue has been resolved.

14.3 The Customer acknowledges that Subscription Fees and any other agreed fees remain payable in full throughout any period of suspension, regardless of whether the Services are actively used or accessible.

15. TERM, RENEWAL AND TERMINATION

15.1 The Subscribed Service Period shall commence on the date Tag and Go receives the first payment from the Customer and shall continue for a fixed initial term of twelve (12) months (“Initial Term”). Thereafter, the Subscription shall automatically renew for successive twelve (12) month periods (“Renewal Term(s)”) on each anniversary of the Initial Term, unless:

  • Either party gives the other at least one (1) month’s written notice to terminate, such notice to expire no earlier than the end of the then-current term (Initial or Renewal).

15.2 The provisions in clause 15.1 do not apply to Customers who access the Tag and Go Platform under a free trial or non-paid access model. In such cases, this Agreement shall:

  • Commence when the Customer first accesses the Platform; and
  • Continue until either:
    • The Customer requests deletion of their account; or
    • Tag and Go, acting in its sole discretion, terminates or suspends access atany time with or without notice.

15.3 Tag and Go may terminate this Agreement immediately by written notice if:

15.3.1 the Customer commits a material breach of this Agreement which is not capable of remedy; or​

15.3.2 the Customer fails to pay any amount due under this Agreement, and such amount remains unpaid for more than five (5) Business Days following the due date.

15.4 Tag and Go reserves the right to terminate, suspend, or amend the provision of free Platform access or trial access at any time, with or without prior notice.

15.5 Any breach by the Customer of this Agreement, including any incorporated document, policy, or acceptable use guideline listed in Clause 1.1.8 or 1.2, shall be deemed a material and non-remediable breach.

16. CONSEQUENCES OF TERMINATION

16.1 Upon the termination or expiry of this Agreement for any reason:
Tag and Go’s rights granted to the Customer under this Agreement shall immediately cease, and the Customer shall (and shall ensure that all Authorised Users and any Authorised Affiliates shall):

16.1.1 immediately cease all access to and use of the Services, including the Tag and Go Platform, dashboard, reporting tools, and any related features; and

16.1.2 promptly destroy or permanently delete all copies of Tag and Go Materials (including platform screenshots, internal guides, reports, and onboarding materials) in its possession or control, or in the possession or control of its agents, contractors, or affiliates, unless instructed in writing by Tag and Go to return such materials instead.

16.2 Termination or expiry of this Agreement shall not affect:

  • Any rights, obligations, or liabilities that have accrued prior to the date of termination or expiry (including unpaid fees); and
  • Any provisions of this Agreement which, either expressly or by their nature, are intended to survive termination, including but not limited to: confidentiality, IP rights, indemnity, limitation of liability, governing law, and data handling provisions.

17. ENTIRE AGREEMENT

17.1 This Agreement (including any documents expressly incorporated by reference) constitutes the entire agreement between the parties in relation to the use of the Tag and Go Platform and Services. It supersedes all prior agreements, negotiations, discussions, representations, or understandings, whether written or oral, relating to the same subject matter.

17.2 Each party confirms that it has not relied on, and shall have no remedy in respect of, any statement, representation, warranty, or understanding made by or on behalf of the other party that is not expressly set out in this Agreement.

17.3 Nothing in this Agreement shall exclude or limit either party’s liability for fraud or fraudulent misrepresentation.

18. ASSIGNMENT AND SUBCONTRACTING

18.1 Tag and Go may at any time assign, transfer, sub-license, sub-contract (including on a multi-tier basis), charge, declare a trust over, or otherwise deal with any or all of its rights or obligations under this Agreement, provided that such assignment or subcontracting does not materially reduce the standard of service provided to the Customer.

18.2 The Customer may not assign, transfer, sub-license, sub-contract, charge, or otherwise deal with any of its rights or obligations under this Agreement (including any user licence to access the Platform) without the prior written consent of Tag and Go, such consent not to be unreasonably withheld.

19. SET-OFF

Each party shall pay all sums due under this Agreement in full and without any set-off, counterclaim, deduction, or withholding, except as may be required by applicable law.

20. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

Neither party shall have any authority to act on behalf of or bind the other in any way, unless expressly agreed in writing.

21. SEVERANCE

21.1 If any provision (or part of a provision) of this Agreement is held by a court or competent authority to be invalid, illegal, or unenforceable, that provision (or part) shall be severed, and the rest of the Agreement shall remain in full force and effect.

21.2 If the invalid or unenforceable provision would be valid and enforceable with some modification, then it shall apply with whatever modification is necessary to make it lawful and enforceable. The parties shall negotiate in good faith to agree any alternative provision that most closely reflects the intended commercial effect.

22. WAIVER

22.1 No failure, delay, or omission by either party in exercising any right, power, or remedy under this Agreement or by law shall constitute a waiver of that right, power, or remedy.

22.2 No single or partial exercise of any right, power, or remedy shall prevent any further or future exercise of that or any other right, power, or remedy.

22.3 A waiver of any provision of this Agreement shall only be valid if made in writing and signed by the party giving the waiver, and only in relation to the specific instance and purpose for which it is given.

23. THIRD PARTY RIGHTS

A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This does not affect any right or remedy available to a third party that exists independently of that Act.

24. GOVERNING LAW

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the laws of England and Wales.

25. JURISDICTION

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination.

Contact Us

If you have any questions about these Terms or require assistance, please contact:

📧 [email protected]
📍 Smart Soluxions Limited
Kinetic Business Centre, Theobald Street,
London, WD6 4PJ, United Kingdom​