TiPJAR (the "Service") is a cashless, mobile tipping platform that utilizes web technology to collect gratuitous tips ("Tip(s)") from Customers ("Users" "Customers") for service received from TiPJAR users ("Tippees", "Clients").
TiPJAR acts as the agent of TiPJAR users who have agreed to provide their services on TiPJAR's behalf to you.
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 Tips for Services they have delivered to you on our behalf.
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 receive Service from them and offer gratuitous tips to 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 us as an agent of pre-registered Tippees that have authorised us to collect tips and gratuities for the services they have offered you on our behalf. You agree that in the absence of the Service you would have offered such tips and gratuities using cash.
You understand and agree that your Tips are collected by us as a California registered business and that your transaction with us is governed entirely by the laws of the State of California.
You understand any Tips we offer Tippees as a result of your payment is based on our separate written agreement directly with the Tippee and any amount they receive may or may not be the same as the the amount of your Tip (for example tips will be net of any monies owed by Tippees to Us for Fees corresponding to their use of the Service). You understand that We have full discretion in our treatment of any Tips you make, based on our agreements with Tippees that may include sharing them with others, and whilst Our policy is to pay all Tips to relevant Tippees, you waive all legal rights and hold us harmless should We, at Our sole discretion, determine there is any reason we may not do so.
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 paying for goods or services you have received through the use of the Service.
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
No waiver of any provision shall be deemed a further or continuing waiver of any other provision.