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" "Customers") to Tip Recipients ("Tippees", "Clients") 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").
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
Governing Law and Arbitration