Operator Terms - TiPJAR

TIPJAR TERMS OF USE FOR MERCHANTS

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").

Acceptance of Terms of Use

These Terms of Use set forth the terms pursuant to which Merchants permit Us to offer the Service for the benefit of their employees. 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 change 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.

Our Obligations

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 for the benefit of Tippees to allow them to receive Tips from Users. Our objective is to make the Service free to Tippees and, as such, when a User opts to Tip a Tippee, We will notify the User of the applicable Service fee and allow the User to increase the Tip to cover such Service fee .

We reserve the right to accept or decline any Tip offered through the Service. As a security measure, we may limit, in Our sole discretion, how much Users can Tip by imposing limits related to the number of times that any single User can utilize the Service per day or any other period of time.

Your Obligations

Merchants must cooperate with Us in all matters relating to the Service. Merchants must also provide, in a timely manner, any equipment, materials, and any information as my be required to provide the Service; in the case of equipment, Merchants shall ensure that it is in good working order and suitable for the purposes for which it is used. In the case of information, the Merchant shall ensure that it is accurate in all material respects.

It is your responsibility to determine what, if any, tax and income reporting requirements that apply to any payment between Users and any Tippees that are considered your employees under applicable law. Further, your agreement to and acceptance of these Terms of Use do not change or limit your responsibilities for the proper collection, reporting, and remittance of applicable taxes to the appropriate taxation authorities for Tips reported to you by Tippees as their employer.
You agree that Users and Tippees are registering with the Service solely for personal transactions, and are not registering for purposes of engaging in commercial transactions, such as regularly carrying on a trade or business through the use of the Service. We consider Tips as gratuitous in nature and therefore not intended as payment for the provision of goods and services.

Tip Pooling and Distribution

Tippees may elect to collect Tips jointly with other Tippees through a Shared TiPJAR or Team TiPJAR. When Tippees choose to do so, Merchants will act as administrators of the pooled Tips and will be responsible for communicating how Tips will be distributed based on the volume of Tips received. This may be based on hours that Tippees have worked or some other metric supported by the Service.

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 continue agreement to these Terms of Use.

Disclaimers

THE SERVICE IS PROVIDED TO YOU ON AN AS IS 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. 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.

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 [ADDRESS OR EMAIL].

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.

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.