Client Terms - TiPJAR

TiPJAR Client Terms and Conditions

  1. Introduction
    1. Welcome to TiPJAR, a tip collection platform brought to you by TiPJAR Ireland Ltd (" we", " us", " our"). We are registered in Ireland under registered company number 691349.
    2. The TiPJAR platform is made available to you via our website at www.wearetipjar.com, our software applications and such other technologies that we make available from time to time (collectively " TiPJAR ").
    3. Please read these Client Terms carefully. They set out the basis on which you (as provider of services in an approved profession as listed at https://www.wearetipjar.com/approved-professions ) appoint us (as our Client) as your non-exclusive 'Commercial Agent' to collect Tips on your behalf.
    4. These Client Terms should be read in conjunction with our Platform Terms of Use, Pricing Schedule , Privacy Policy and Cookie Policy (which together make up the " Agreement" between us). BY ACCESSING AND USING TIPJAR, YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE WITH THE AGREEMENT, YOU SHOULD NOT USE TIPJAR .
    5. FROM TIME TO TIME, WE MAY REFINE OR CHANGE ASPECTS OF THE AGREEMENT, AND ANY REVISED TERMS OR POLICIES WILL BE MADE AVAILABLE TO YOU AT HTTPS://WWW.WEARETIPJAR.COM/CLIENT-TERMS AND A NOTIFICATION OF SUCH CHANGES DISPLAYED IN A PROMINENT PLACE ON THE TIPJAR APP AND/OR WEBSITE. PLEASE TAKE A MOMENT TO READ THE CHANGES. IF YOU CONTINUE TO USE TIPJAR AFTER WE MAKE THE CHANGES, YOU WILL BE DEEMED TO AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, YOU SHOULD NOT USE TIPJAR.
    6. Certain words and phrases in these Client Terms have specific definitions when they start with capital letters. Where a defined term is used, it either has the meaning set out in clause 17 below (Definitions) or the meaning given to it in the relevant clause of these Client Terms.
  2. Your appointment of us as your Commercial Agent
    1. We require your authority to remit Tips to you. YOU APPOINT US AS YOUR NON-EXCLUSIVE COMMERCIAL AGENT TO COLLECT TIPS WITHIN THE TERRITORY ON THE TERMS SET OUT IN THIS AGREEMENT. In this regard, we act as Commercial Agent only for you (that is, we are not an agent of the Customer and/or any third parties involved in the process).
    2. AS YOUR COMMERCIAL AGENT, YOU GIVE US AUTHORITY TO CONCLUDE TRANSACTIONS WITH CUSTOMERS TO COLLECT TIPS ON YOUR BEHALF, WHICH INCLUDES YOUR AUTHORITY TO BIND YOU CONTRACTUALLY IN RESPECT OF THOSE TRANSACTIONS.
    3. YOU AGREE THAT YOU WILL ONLY HAVE RECOURSE AGAINST US (AND WE SHALL ONLY BE LIABLE TO YOU) IF WE COLLECT TIPS ON YOUR BEHALF BUT FAIL TO TRANSFER THEM TO YOU WHEN THEY FALL DUE (SUBJECT TO DEDUCTING OUR COMMISSION AND SUCH OTHER FEES/COSTS WE ARE ENTITLED TO CHARGE). IN OTHER WORDS, YOU ACCEPT THAT WE DON'T HAVE ANY OTHER RESPONSIBILITIES TOWARDS YOU.
    4. As we are only your non-exclusive Commercial Agent, you can of course still collect Tips directly from Customers or otherwise as appropriate in addition to, or instead of, via TiPJAR.
  3. Duration of Agreement
    1. This Agreement commences on the Effective Date and continues until the earlier of:
      1. either of us serving notice to terminate the Agreement in accordance with its terms; or
      2. you no longer working in one of the Approved Professions.
  4. Our obligations
    1. As the provider of TiPJAR and as your Commercial Agent, we shall:
      1. provide you with access to TiPJAR for the purpose of:
        1. registering;
        2. creating an account; and
        3. authorising us to conclude transactions with Customers and collect Tips on your behalf;
      2. present a range of options to Customers as to the amount of Tip they wish to pay;
      3. with the Customer's agreement, enable you to see the name of the Customer who has tipped you;
      4. provide the Customer with the option to increase their Tip to cover our Commission and costs;
      5. collect and hold all money due to you as a result of Tips we collect on your behalf;
      6. give you a means to access records relevant to the Tips we have collected on your behalf, including:
        1. amounts received, and the time and date of the Tip;
        2. amounts owing to you; and
        3. any outstanding payments due from Customers; and
        4. at your request, pay amounts that we hold on your behalf in your Solo TiPJAR to you (after deduction of our Commission and such other fees/costs as set out in this Agreement). 1 AS YOUR COMMERCIAL AGENT, YOU GIVE US AUTHORITY TO USE THIRD PARTIES (INCLUDING THIRD PARTY PAYMENT PROCESSORS) IN CONNECTION WITH THE PROVISION OF OUR SERVICES.
    2. EXCEPT AS STATED IN THIS AGREEMENT, TIPJAR IS PROVIDED WITHOUT WARRANTY OF ANY KIND. ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND TERMS IMPLIED BY LAW, CUSTOM OR OTHERWISE ARE EXCLUDED BY US TO THE FULLEST EXTENT PERMITTED BY LAW.
    3. You acknowledge that we may modify or discontinue certain functionalities or features of TiPJAR from time to time and we may do so, without advance notice (unless there is an adverse impact for you, in which case we shall provide reasonable notice of any proposed change, which shall be displayed in a prominent place on our TiPJAR site).
  5. YOUR OBLIGATIONS
    1. AS A USER OF TIPJAR AND AS OUR 'PRINCIPAL' IN THE COMMERCIAL AGENCY RELATIONSHIP, YOU AGREE TO:
      1. ACT IN GOOD FAITH;
        1. PROMPTLY DEAL WITH ANY CUSTOMER COMPLAINT OR ENQUIRY RELATING TO TIPS;
        2. NOT PERMIT ANY OTHER PERSON TO ACCESS YOUR TIPJAR ACCOUNT OR TO WITHDRAW FUNDS FROM YOUR TIPJAR ACCOUNT; AND
        3. COMPLY WITH ALL APPLICABLE LAWS.
    2. YOU CONFIRM THAT YOU:
      1. HAVE THE LEGAL RIGHT TO WORK AND RECEIVE TIPS IN THE TERRITORY;
      2. HOLD A VALID REPUBLIC OF IRELAND BANK ACCOUNT REGISTERED IN YOUR NAME;
      3. ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS;
      4. WORK IN AN APPROVED PROFESSION;
      5. ARE NOT REGISTERED FOR VAT IN THE REPUBLIC OF IRELAND;
        1. WILL USE TIPJAR ONLY FOR THE COLLECTION OF TIPS PAID DIRECTLY TO YOU BY CUSTOMERS;
      6. REMAIN RESPONSIBLE FOR CORRECTLY AND PUNCTUALLY REPORTING TIPS PAID TO YOU BY CUSTOMERS VIA TIPJAR AS EARNINGS TO THE OFFICE OF THE REVENUE COMMISSIONERS (HTTPS://PROTECT-EU.MIMECAST.COM/S/M5DQCYEQRTKW6PJHVYHEW);
      7. WILL REMAIN PERSONALLY LIABLE FOR PAYMENTS OF ALL TAXATION APPLICABLE TO AMOUNTS PAID TO YOU THROUGH TIPJAR;
      8. HAVE PROVIDED INFORMATION TO US THAT IS ACCURATE AND COMPLETE IN OUR REGISTRATION PROCESS.
    3. YOU AGREE TO REIMBURSE US FOR ANY AND ALL CLAIMS, DAMAGES AND/OR LOSSES ARISING FROM CLAIMS MADE BY ANY THIRD PARTY AGAINST US AS A RESULT OF YOUR FAILURE TO COMPLY WITH CLAUSE 5.2(F) AND (H).
  6. Collecting your tips
    1. It is important that you work in one of the Approved Professions to use TiPJAR to collect tips from Customers.
    2. Just like cash tips, all Tips we collect as your Commercial Agent on your behalf belong to you. You can collect Tips directly from Customers using your Solo TiPJAR link and QR code. If you chose to participate in a Team Sharing Scheme, you can collect tips with your Team TiPJAR link and QR code, and these will be shared with other members of the Team who also are working at the time the Tips are collected. See clause 7 (Sharing Tips) below for more information.
    3. When we collect Tips from Customers on your behalf we will pay these into your relevant Solo or Team TiPJAR (less our Commission and any fees/costs that we are entitled to deduct in accordance with this Agreement).
    4. Your Solo TiPJARs are personal to you and can be accessed by logging at https://tip.wearetipjar.com. You have the right to operate and collect Tips into your Solo TiPJAR even in a workplace at which other 'tip sharing' arrangements exist – it's your choice.
    5. Once funds in your Solo TiPJARs have been cleared (which usually takes between 3-5 working days), they will move into your Personal TiPJAR which can be accessed by logging at https://tip.wearetipjar.com Funds held in your Personal TiPJAR are cleared and withdrawable.
    6. You can withdraw sums that have accrued into your Personal TiPJAR by requesting a payout. Payment will be made to the bank account registered in your name that you have attached to your Personal TiPJAR, and we shall endeavour to make such payment with immediate effect, although in some circumstances this may take 3-5 working days depending on your bank. You can do this via the TiPJAR platform.
  7. Sharing tips
    1. If you are signed-up to our Team or Team+ usage plan, you may have the option of sharing your Tips with co-workers in your Team that are working at the same time by opting-in to a Team Sharing Scheme on TiPJAR.
    2. Team Sharing Schemes are informal arrangements. You have the right to opt-out of a Team Sharing Scheme at any time.
    3. If you choose to share Tips with your Team by joining a Team Sharing Scheme, when we collect Tips on your behalf we will pay these into the Team TiPJAR instead (less our Commission and such other fees/costs that we are entitled to deduct in accordance with this Agreement).
    4. Once:
      1. sums in the Team TiPJAR have cleared (which usually takes between 3-5 working days); and
      2. we confirm with your employer / work operator which members of your Team were working at the time the Tips were received, sums in the Team TiPJAR will be shared between users that have opted-in to the Team Sharing Scheme (on the basis as agreed by the Team) and transferred to each Team member's Personal TiPJAR accordingly.
    5. If you elect to share your Tips with co-workers in your Team, TiPJAR and your employer / work operator will share your personal data with each other and TiPJAR will process such personal data for the purpose described in this clause 7 in accordance with clause 9 (Privacy).
    6. WE ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS OR BEHAVIOURS OF OTHER USERS WHO CHOOSE TO JOIN A TEAM SHARING SCHEME TO SHARE TIPS WITH YOU.
  8. Our commission, fees and costs
    1. You agree to pay us our Commission and certain other fees and costs as explained in this clause and the Pricing Schedule.
    2. In respect of each Tip, subject to clause 8.3 below, we shall deduct:
      1. our Commission (plus any applicable VAT or equivalent sales tax); and
      2. the costs we incur relating to processing card payments for collection of the Tip from the Customer, and transfer the balance to your Solo TiPJAR (or relevant Team TiPJAR if you choose to instruct us to do so).
    3. We will give the Customer the option of covering our Commission and the costs of processing the card payment for the Tip transaction (by making a payment on top of the intended Tip). If the Customer agrees to this, you will receive a sum equal to 100% of the intended Tip. If the Customer does not agree to this, our Commission and the transaction costs will be deducted from the Tip.
    4. WE MAY ALSO CHARGE YOU CERTAIN SET-UP, SUBSCRIPTION AND/OR UPGRADE FEES TO USE TIPJAR DEPENDING ON YOUR USAGE PLAN, IN ACCORDANCE WITH OUR PRICING SCHEDULE.
  9. Privacy
    1. The privacy of your personal information is really important to us.
    2. Any personal information that you provide to us or that we collect about you will be processed in accordance with our Privacy Policy https://www.wearetipjar.com/privacy-policy/. This explains what personal information we collect from or about you, why and how we collect, store, use and share it (including with your employer / work operator), your rights in relation to it, and how to contact us and supervisory authorities if you have a query or complaint about our use of it.
    3. YOU AGREE NOT TO DO (OR OMIT TO DO) ANY ACT OR THING WHICH (A) PUTS TIPJAR AND/OR YOU IN BREACH OF APPLICABLE DATA PROTECTION LAW; AND/OR (B) IS CONTRARY TO THE CUSTOMER'S RIGHT TO PRIVACY UNDER SUCH LAWS.
  10. Confidentiality
    1. We each agree at all times (i) to keep confidential and not to disclose to any person any Confidential Information and (ii) only to use such Confidential Information for the purposes of performing our obligations or exercising our rights under this Agreement.
    2. We may disclose Confidential Information to our personnel, sub-contractors, representatives and/or advisers (" Permitted Disclosees") in connection with us carrying out our obligations and/or exercising our rights under this Agreement. We shall ensure that Permitted Disclosees are subject to similar obligations of confidentiality.
  11. Termination
    1. You may cease use of TiPJAR at any time by submitting a support request at https://tip.wearetipjar.com/support asking us to delete your account. When you ask us to this, we will:
      1. Suspend your ability to collect Tips using TiPJAR;
      2. Pay you any outstanding balances due to you within 60 days of your request minus any sums you owe to us; and
      3. BLOCK YOUR EMAIL ADDRESS FROM BEING USED TO REGISTER A NEW TIPJAR ACCOUNT. IF YOU CHOOSE TO RE-OPEN YOUR ACCOUNT; YOU MUST USE A DIFFERENT EMAIL ADDRESS.
    2. We may terminate this Agreement by serving written notice to you (including by email):
      1. immediately if you breach this Agreement; or
      2. where we no longer are able to (or wish to) provide the TiPJAR service, in which case we shall endeavour to give you at least 7 days' notice.
    3. This Agreement will automatically terminate with immediate effect if you cease to work in an Approved Profession.
    4. Termination of this Agreement will not affect any accrued rights (including our right to be paid or your right to receive Tips) as at the date of termination.
  12. Consumer rights
    1. CONSUMERS HAVE CERTAIN LEGAL RIGHTS WHEN USING TIPJAR. THESE ARE ALSO KNOWN AS "STATUTORY RIGHTS" AS THEY ARE DERIVED FROM LAWS SUCH AS THE CONSUMER PROTECTION ACT 2007. NOTHING IN THESE CLIENT TERMS AFFECTS THESE RIGHTS However, you have the right in clause 11 above to cease use of Tipjar and cancel the Agreement at any time.
  13. Consequences of Termination
    1. On termination:
      1. our appointment and authority to act as your Commercial Agent shall cease;
      2. you must immediately discontinue your use of TiPJAR. ANY CONTINUED USE, ACCESS, OR ATTEMPTED USE OR ACCESS BY YOU OF TIPJAR WILL MAKE ANY NOTICE BY YOU INEFFECTIVE AND CONSTITUTE YOUR CONTINUED AGREEMENT TO THIS AGREEMENT.
      3. we shall pay you any final amounts held on your behalf in your Solo TiPJAR account, (less our Commission and any fees/costs that we are entitled to deduct in accordance with this Agreement).
  14. Circumstances beyond our control
    1. We will try hard to provide a great service. HOWEVER, WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS (INCLUDING A FAILURE TO PAY AMOUNTS OWING) RESULTING FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL. WE SHALL KEEP YOU NOTIFIED OF ANY DELAYS AND REMEDIAL ACTION.
  15. General
    1. If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.
    2. Nothing in the Agreement will establish any partnership or joint venture between us, or (except as expressly stated) mean that any party to this Agreement becomes the agent of another third party, nor does the Agreement (except as expressly stated) authorise any party to enter into any commitments for or on behalf of any other third party.
    3. YOU MAY NOT ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER ANY RIGHTS UNDER THESE PLATFORM TERMS.. We may assign, sub-license or otherwise transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
    4. Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered pre-paid first class post to the registered address or place of business of the notified party, or sent by email to the other party's main email address as notified to the sending Party.
    5. Notices:
      1. sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second Working Day and where posted from or to addresses outside the United Kingdom, on the tenth Working Day following the date of posting;
      2. delivered by hand will be deemed to have been received at the time the notice is left at the proper address;
      3. sent by email will be deemed to have been received on the next Working Day after sending.
      4. Our contact details for the purpose of the giving of notices under the Agreement are:
        1. Address: TiPJAR Ireland Ltd, 215 Temple Chambers, 3-7 Temple Avenue, London, EC4Y 0HP
  16. Email address: support@wearetipjar.com
    1. Unless the context requires a different interpretation:
      1. all singular words include plural ones and vice versa;
      2. all references to clauses, sub-clauses, schedules or appendices are to the ones in these Client Term;
      3. all references to a person includes firms, companies, government entities, trusts and partnerships;
      4. the term 'including' does not exclude anything not listed;
      5. all references to statutory provisions include any changes to those provisions;
      6. no headings or sub-headings form part of these Client Terms or the Agreement.
      7. This Agreement constitutes the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter.
  17. Governing law and jurisdiction
    1. This Agreement shall be governed by and interpreted according to the law of Ireland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Irish courts.
  18. Definitions
    1. The following words and phrases have the following meanings in these Client Terms:
Term Definition
Approved Professions one of the approved professions listed here https://www.wearetipjar.com/approved-professions, as amended by us from time to time
Client Terms these client terms and conditions, as amended by us from time to time
Commercial Agent TiPJAR acts as Commercial Agent on your behalf in which capacity TiPJAR has authority to conclude a tip transaction on your behalf
Commission the commission we are entitled to charge on each Tip transaction, as specified in Pricing Schedule
Confidential Information all confidential information (however recorded or preserved) disclosed by either party to the other party concerning the disclosing party's (a) business, affairs, customers, clients, suppliers, plans, intentions, or market opportunities; (b) operations, processes, product information, know-how, designs, trade secrets or software; and (c) any information developed under this Agreement
Customer an individual who wishes to pay a Tip to you via the TiPJAR platform
Effective Date the first date of your access to the TiPJAR platform
Personal TiPJAR your Personal TiPJAR holds money that is yours which can be withdrawn to the bank account attached to your Personal TiPJAR
Pricing Schedule our pricing schedule setting out applicable Commission and fees chargeable in respect of the TiPJAR service, which can be found at https://www.wearetipjar.com/pricing/
Solo TiPJAR a Solo TiPJAR provides a QR code and link you can use to collect Tips for yourself. Any Tips you receive through a Solo TiPJAR are transferred straight to your Personal TiPJAR as soon as they are cleared and available
Team a team of two or more users of TiPJAR in a relevant organisation that have chosen to join a Team Sharing Scheme
Team Sharing Scheme an optional scheme which allows TiPJAR users to split Tips with their co-workers
Team TiPJAR a Team TiPJAR provides a QR code and link you can use to share Tips with other members of the Team. your share of Tips accrued in the Team TiPJAR will be transferred into your Personal TiPJAR when the Tips have cleared and we confirm which members of the Team were working at the time
Territory Republic of Ireland
Tip an uncalled for and spontaneous payment offered by a Customer to you via the TiPJAR platform, with the intention of this money being provided directly to you (or the relevant Team)
Working Day any day other than a Saturday, Sunday or public holiday in Ireland
"you", "your" or "Client" you, being a user of TiPJAR who uses the platform to collect Tips and who appoints us as your Commercial Agent to collect Tips on your behalf