Client Terms - TiPJAR

TiPJAR Terms of Use for Clients

Description of TiPJAR

TiPJAR (the "Service") is a cashless, mobile tipping platform that utilizes QR codes to send gratuitous tips ("Tip(s)") from Merchant Customers ("Users") to Tip Recipients ("Tippees") by way of a licensed payment facilitator. Merchants may contract with Us to offer the Service at their establishments, track Tips, and, if agreed to by Tippees, manage the distribution of pooled Tips ("Shared TiPJAR" or "Team TiPJAR").

Acceptance of Terms of Use

These Terms of Use set forth the terms by which Tippees appoint TiPJAR USA, Inc. ("TiPJAR", "We," "Us," "Our") as their non-exclusive agent for the limited purpose of receiving Tips from Users. The use of the Service constitutes your acceptance of these Terms of Use. If you do not agree with any aspects of these Terms of Use, you may not use the Service.

Changes to Terms of Use and Service

We reserve the right to update, replace, or otherwise modify these Terms of Use and the Service at any time. When We make any material changes to these Terms of Use, we will notify you through email at the email address that you have provided to us.

Availability of the Service

We may discontinue or change the Service at any time with or without prior notice and without liability to you. We make no guarantees or representations that the Service will be available at all times or without interruption.

Agency Agreement

You appoint Us as your non-exclusive agent for the collection of Tips subject to these Terms of Use. You may use the Service to collect Tips from Users in connection with work performed in the categories described at www.wearetipjar.com/approved-professions. This appointment commences on the first date of your access to the Service (the "Effective Date") and continues until either party serves a notice to end it as described in Termination section of these Terms of Use or until you cease to work in one of the categories described www.wearetipjar.com/approved-professions.

Our Obligations

We will present a range of options to Users as to the amount of Tip that they would like to pay and also provide them with the option to increase their Tip to cover the applicable Fees, as defined herein. We will provide you with the means to access records relevant to Tips we have collected for you including (i) the amount, date, and time of Tips received and, if agreed to by the User, their identity; (ii) amounts currently owed to you; and (iii) any outstanding payment due from User. We will also enable you to request payment of amounts due to you after deduction of applicable fees ("Fees") as listed at https://www.wearetipjar.com/personal/pricing/ plus any costs met on your behalf including processing fees for payment acceptance and fees levied for bank transfers when making payments to you.

We will also provide access to designs for printed and promotional materials to inform and educate Users that they may pay you Tips through use of the Service.

Your Obligations

You must work in one of the categories described at https://www.wearetipjar.com/us/approved-professions/.

It is your responsibility to determine what, if any, taxes and income reporting requirements that apply to the payment you make or receive. Further, it is your responsibility to report any payments constituting Tips to your employer as required under applicable law, and to otherwise make arrangements for the proper collectcollection, reporting, and remittance of applicable taxes to the appropriate taxation authorities.

You agree that you are registering with the Service solely for personal transactions, and that We consider Tips as gratuitous in nature and therefore not intended as payment for the provision of goods and services. You represent and warrant that your intentions for registering with the Service are not for purposes of engaging in commercial transactions, such as regularly carrying on a trade or business through the use of the Service.

Tip Pooling and Distribution

You may elect to collect Tips jointly with other Tippees through a Shared TiPJAR or Team TiPJAR. When you agree to participate in Tip pooling, you agree that the Merchant administrator of the pooled Tips will be responsible for communicating how Tips will be distributed to you based on the volume of Tips received. This may be based on hours that you have worked or some other metric supported by the Service.

Participation in Tip pooling is entirely at your discretion and based on the understanding that the Merchant administrator of the pooled Tips will remit payment to you according to the rules that they communicate. You agree to hold Us harmless for errors, omissions, or failures of the Merchant administrator to honor the rules that they communicate and agree to waive your right to pursue any claims against Us for any costs, expenses, or losses incurred by you by virtue of your participation in Tip pooling.

Termination

You or We can terminate this agreement at any time by serving written notice by email to the other party. In the even that you wish to terminate this agreement, you must immediately discontinue all use of the Service. Any use, access, or attempted use or access of the Service subsequent to notice of termination will make such notice null and void and constitute your continued agreement to these Terms of Use.

With respect to Tippees, this agreement will terminate immediately upon ceasing to work in one of the categories described in www.wearetipjar.com/approved-professions.

Disclaimers

The Service is provided to you on an as is or as available basis without any representations or warranties of any kind. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the services and content included on or otherwise made available to you through the service (including third party materials) whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing, or otherwise.

Limitation of Liability

In no event will TiPJAR USA, INC.be liable to you or any third party for any direct, special, indirect, incidental, exemplary, or consequential damages of any kind arising out of or in connection with the Service regardless of the form of action whether in contract, tort, strict liability, or otherwise even if we have been advised of the possibility of damages or are aware of the possibility of damages.

Indemnification

You will defend, indemnify, and hold Us harmless from and against any actual or threatened suits, actions, proceeds (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or actual or alleged violation of these Terms of Use or the right of any third party by you or any person using the Service on your behalf.

Consent to Electronic Communications

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@wearetipjar.com.

Governing Law and Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the State of California without regard to its rules regarding conflicts of law.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE TERMS OF USE SHALL BE DETERMINED BY ARBITRATION IN ORANGE COUNTY, CALIFORNIA BEFORE A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES OR PURSUANT TO JAMS' STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT HAVING COMPETENT JURISDICTION. NOTHING IN THESE TERMS OF USE, WHETHER EXPRESS OR IMPLIED, SHALL BE DEEMED OR CONSTRUED TO BE TAX OR LEGAL ADVICE FOR ANY PARTICULAR SITUATION, NOR DO THESE TERMS OF USE REPRESENT A GUARANTY THAT ANY PAYMENT OR TRANSACTION UNDER THE SERVICE WILL BE AFFORDED A SPECIFIC TAX TREATMENT UNDER APPLICABLE LAW. Privacy Policy

Information and data provided by you are subject to TiPJAR's Privacy Policy which can be found here.

Complete Agreement

These Terms of Use constitute the entire agreement between TiPJAR USA, INC. and you and supersede all prior agreements. If any provision within these Terms of Use is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions which shall remain in full force and effect. No waiver of any provision shall be deemed a further or continuing waiver of any other provision.