tap to click always enabled with mountain lion

Ever since updating to mountain lion, my macbook air has decided to perminantly enable to tap to click feature.

It's disabled in the settings panal of the trackpad but even though it's unticked it still registers a click when ever i touch the trackpad, this results in;

1. If i'm scrowling down a webpage, with two fingers it highlights all of the text on the page, but doesnt scroll down...
2. it drags things across the screen when i'm just moving the curser...
3. it registers a click whenever I ever touch the trackpad.
4. but on other occasions the physical click doesnt work at all!!

it''s very fustrating and very annoying, it's like becoming a chore to use the computer which is sad because it's amazing normally!

Please help me, or if it's a common problem will I be able to take it back to an apple store as it's covered under apple care and still it's 12 month warrenty!

Thank you, one of you may very well be a life saver! 😝