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 act on behalf of Tippees for the purpose of collecting and passing Tips on to them. We do not act as your agent or act on your behalf in any capacity. We provide the Service to you on behalf of Tippees to allow you to transact with them. Our objective is to make the Service free to Tippees and, as such, when you Tip, We will notify you of the Fees that Tippees would pay and allow you to increase your Tip to cover such Fees.
We reserve the right to accept or decline any Tip offered through the Service. As a security measure, we may limit how much you can Tip by imposing limits related to the number of times that you can use the Service per day or any other period of time.
By using the Service, you agree that your intention is to pay Tips directly to Tippees and that in the absence of the Service you would have done so using cash. You understand that We will collect and pass Tips on behalf of and to Tippees net of any monies owed by Tippees for Fees corresponding to use of the Service. Further, you understand that Tippees have the right to do what they want with the Tips they receive, including sharing them with others.
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.
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 email@example.com.
Governing Law and Arbitration