Customer Terms and Conditions
- Welcome to TiPJAR, a tip collection platform brought to you by TiPJAR Ireland Ltd (" we", " us", " our") registered in Ireland under company number 691349.
- TiPJAR, which is made available via our website at tip.wearetipjar.com, our software applications and such other technologies which we make available from time to time (collectively the "Platform ")exists to help workers of the world earn a little more money, and to help you say thank you with confidence, all Tips you give using TiPJAR are passed directly to the Worker(s) you choose (subject to our right to deduct our Commission and such other fees/costs that we are entitled to deduct with the agreement of the Worker) .
- Please read these Customer Terms carefully. These Customer Terms explain your rights and obligations when using TiPJAR as a Customer to give Tips to Workers.
- You can contact us by submitting a support request.
- Certain words and phrases in these Customer 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 8 below (Definitions) or the meaning given to it in the relevant clause of these Customer Terms.
- Your Rights and Responsibilities
- ACCESS TO THE TIPJAR PLATFORM IS PROVIDED TO YOU TO ENABLE YOU TO PAY TIPS TO WORKERS IN THE TERRITORY AND YOU AGREE THAT YOU WILL NOT USE TIPJAR FOR ANY OTHER PURPOSE.
- When you use the TiPJAR platform to make a Tip, you confirm that:
- your intention is to offer a Tip directly to the Worker and, in the absence of the TiPJAR platform, you would have done so using cash or other means of payment; and
- your Tip is a voluntary gratuity payment offered by you to the relevant Worker.
- When you give a Tip to a Worker using TiPJAR, we act as 's appointed Commercial Agent for the Worker in respect of the Tip transaction, meaning we will collect the Tip amount from you on behalf of the Worker and will pass it directly to them (subject to deducting our Commission and such other fees/costs that we are entitled to charge to the Worker).
- We will give you 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 you agree to this, the Worker will receive a sum equal to 100% of the intended Tip. If you do not agree to this, our Commission and the transaction costs will be deducted from the Tip.
- You acknowledge that Workers have the right to do as they choose with the Tips they collect from you using TiPJAR, including sharing their Tips with their Team if they have opted-in to a Team Sharing Scheme on TiPJAR.
- Our Rights and Responsibilities
- We provide technology services to Workers which they are permitted to make available to you to allow you to remunerate them (to pay a Tip) for the services and attention they have provided to you. As such, we act as a Commercial Agent for eligible Workers who use TiPJAR to collect and receive Tips. This means we are authorised by them to conclude Tip transactions and collect Tips on their behalf.
- We do not act as your agent (or act on your behalf) in any capacity. Nothing in this Agreement will establish any partnership or joint venture between us, nor does this Agreement authorise any party to enter into any commitments for or on behalf of any other third party .
- We reserve the right to:
- accept or decline any Tip offered by you through TiPJAR; or
- impose limits related to the number of times you can use TiPJAR per day/week/month.
- We shall:
- provide you with access to TiPJAR for the purpose of paying a Tip to a Worker;
- present a range of options to you as to the amount of Tip you wish to pay;
- with the your agreement, enable the Worker to see your name when you give a Tip; and
- provide you with the option to increase your Tip to cover our Commission and transaction costs (see above).
- We may use third parties (including a payment processor) in connection with the provision our services.
- YOU ACKNOWLEDGE THAT WE MAY MODIFY OR DISCONTINUE CERTAIN FUNCTIONALITIES OR FEATURE OF TIPJAR FROM TIME TO TIME
- Indemnity and Liability
- ACCESS TO THE TIPJAR PLATFORM IS PROVIDED ON AN "AS IS" BASIS AND NO WARRANTY IS INFERRED OR IMPLIED AS TO THE AVAILABILITY OF ANY FEATURE OFFERED AT ANY TIME.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY TO YOU IN RELATION TO ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF TIPJAR BY YOU OR A WORKER.
- Consumer rights
- In some circumstances, you may have certain rights as a consumer under applicable Irish consumer law when sing TiPJAR. Nothing in this Agreement detracts from those rights (including in respect of cancellation). However, you have the right to elect not to use TiPJAR at any time.
- THESE CUSTOMER TERMS MAY BE VARIED BY US FROM TIME TO TIME. SUCH REVISED TERMS WILL APPLY TO TIPJAR FROM THE DATE OF PUBLICATION. PLEASE CHECK THE CUSTOMER TERMS REGULARLY TO ENSURE FAMILIARITY WITH THE THEN CURRENT VERSION.
- 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 this Agreement will not be affected.
- YOU MAY NOT ASSIGN, SUB-LICENSE OR OTHERWISE TRANSFER ANY RIGHTS UNDER THESE PLATFORM TERMS. We may assign, sub-licence or otherwise transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- 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.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- Governing law and jurisdiction
- This Agreement shall be governed by and interpreted according to the law of Ireland and all disputes arising under this Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Irish courts.
- The following words and phrases have defined meanings in these Customer Terms:
|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|
|Commission||our commission we are entitled to charge on each Tip transaction, as specified in Pricing Schedule|
|Commercial Agent||TiPJAR acts as Commercial Agent on behalf of the Worker in which capacity TiPJAR has authority to conclude a Tip transaction on behalf of the Worker|
|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/|
|Team||a team of two or more Workers in the relevant organisation that have chosen to join a Team Sharing Scheme|
|Team Sharing Scheme||an optional scheme which allows Workers to split Tips on TiPJAR with co-workers in their Team|
|Territory||Republic of Ireland|
|Tip||an uncalled for and spontaneous payment offered by you to a Worker via the TiPJAR platform, with the intention of this money being provided directly to the Worker (or the relevant Team) as remuneration for services and attention provided|
|TiPJAR||the TiPJAR platform made available via our website at https://tip.wearetipjar.com and such other technologies that we make available from time to time|
|Worker||a worker using TiPJAR who you wish to give a Tip (each being a client of ours)|
|Working Day||any day other than a Saturday, Sunday or public holiday in Ireland|
|"you", "your", or "Customer"||you, being a customer who wishes to use TiPJAR to give a Tip to a Worker|