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 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.
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.
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.
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 [ADDRESS OR EMAIL].
Governing Law and Arbitration