End user license agreement
Last updated September 21, 2022
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Tipinc Limited, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Tipinc Limited acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Tipinc (hereinafter: Application) is a piece of software created to Create a Community for the hospitality sector - and customized for Apple mobile devices. It is used to tip workers in the hospitality sector.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Tipinc Limited and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://www.tipinc.tech/privacy-policy.
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tipinc Limited's sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Tipinc Limited about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 90 days after discovery.
9.4 If we confirm that the Application is defective, Tipinc Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Tipinc Limited and the End-User acknowledge that Tipinc Limited, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
support@tipinc.tech
13. TERMINATION
The license is valid until terminated by Tipinc Limited or by You. Your rights under this license will terminate automatically and without notice from Tipinc Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Tipinc Limited represents and warrants that Tipinc Limited will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Tipinc Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Tipinc Limited, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 There is no tolerance for objectionable content and abusive users. Any violation of this will lead to removal from the app.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Tipinc Limited, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Tipinc Limited acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
Tipinc (hereinafter: Application) is a piece of software created to Create a Community for the hospitality sector - and customized for Apple mobile devices. It is used to tip workers in the hospitality sector.
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.3 Licensor reserves the right to modify the terms and conditions of licensing.
2.4 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 Tipinc Limited and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: http://www.tipinc.tech/privacy-policy.
6. USER GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
9. WARRANTY
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Tipinc Limited's sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Tipinc Limited about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 90 days after discovery.
9.4 If we confirm that the Application is defective, Tipinc Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
10. PRODUCT CLAIMS
Tipinc Limited and the End-User acknowledge that Tipinc Limited, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
support@tipinc.tech
13. TERMINATION
The license is valid until terminated by Tipinc Limited or by You. Your rights under this license will terminate automatically and without notice from Tipinc Limited if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Tipinc Limited represents and warrants that Tipinc Limited will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Tipinc Limited and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, Tipinc Limited, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
17.3 There is no tolerance for objectionable content and abusive users. Any violation of this will lead to removal from the app.
EMPLOYER TERMS & CONDITIONS
1. Tipinc is a social network and digital tipping collection platform by Tipinc Limited (“we”, “us”, “our”). Tipinc Limited is registered in England and Wales under registered company number 13101378 with address, 1st Floor Waterside House, Waterside Drive, Wigan, Lancashire, England, WN3 5AZ
a. Tipinc is available via our software applications on iOS and Android.
b. Outlet Terms and Conditions should be read in conjunction with our Platform Privacy Policy and End User License Agreement. We may review and change aspects from time to time and changes can be found at www.tipinc.tech. If you do not understand or agree, then you should not use Tipinc and if you continue to use Tipinc after any changes are made, you will be deemed to agree to the changes.
2. Duration of terms
a. The terms commence once you subscribe to tipping.
b. The terms continue until:
i. Either of us serves notice of termination in accordance with the terms;
ii. Or you delete your outlet.
3. Tipinc obligations
a. We provide you with access to create a profile, connect with your employees and subscribe to tipping, in app.
b. Give you visibility of tipped amounts.
c. Provide services in accordance with good industry practice and all applicable laws and regulations.
4. Your obligations
a. Provide accurate information during sign up.
b. Act in good faith and promptly deal with any customer complaints or remarks relating to tips.
c. Provide accurate information required by Tipinc when managing group tips, including hours worked in a set period by employees, so that tips can be distributed fairly.
d. Agree that you shall have no influence or control over the distribution of group tips collected via the Tipinc platform.
e. Confirm that you will only use Tipinc so that staff can receive tips paid directly by the customer or by us via group tipping.
f. Allow all employees of the outlet to receive tips via the Tipinc platform.
g. Allow employees to use Tipinc as an optional choice and not force employees to use the platform as part of their employment.
5. Charges and payment
a. All charges quoted are exclusive of any applicable VAT.
b. Any additional services, such as additional printing costs, shall be paid to Tipinc.
c. When you subscribe, Tipinc shall invoice the Outlet for the charges that are due and payable on day one of the period which is 1 month.
d. The Outlet shall pay each invoice submitted to it by Tipinc, in full and in cleared funds, via subscription and on day 1 of each period.
e. Without prejudice to any other right or remedy that it may have, if the Outlet fails to pay Tipinc on the due date, Tipinc may suspend all services until payment has been made in full.
6. Liability and Insurance
a. If Tipinc is prevented or delayed in carrying out its obligations by the Outlet, it’s agents, sub-contractors, consultants, or employees, Tipinc will not be liable for any costs or losses incurred by the Outlet.
b. Nothing in these terms limit or exclude either party’s liability for;
i. Death or personal injury
ii. Fraud
iii. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
iv. Any other liability which cannot be limited or excluded by applicable law.
c. Neither party shall have any liability to the other party regards;
i. Loss of profits
ii. Loss of sales or business
iii. Loss of contracts
iv. Damage to goodwill
v. Corruption of software, data or information
d. Total aggregate liability of Tipinc to the Outlet shall not exceed £5000.
7. Termination
a. You may cease to use Tipinc at any time by deleting your account or unsubscribing from tipping in the app.
iii. This will remove your staff’s ability to receive tips.
iv. Any outstanding balances will not be paid, so ensure you update hours worked before you cease to use the tipping platform.
b. We may terminate your use of Tipinc at any time by serving written notice to you, including by email.
8. Consequences of Termination
a. The Outlet shall immediately pay any outstanding invoices to Tipinc
b. Tipinc shall continue to honour its obligations to pass on any tips collected on behalf of the Outlet’s staff, where possible and when not restricted.
c. If the Outlet unsubscribes during a period already paid for, there will be no refund for time remaining but the Outlet can continue to use the tipping platform for that remaining time.
9. Law and jurisdiction
a. These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising shall be subject to the exclusive jurisdiction of the English courts.
a. Tipinc is available via our software applications on iOS and Android.
b. Outlet Terms and Conditions should be read in conjunction with our Platform Privacy Policy and End User License Agreement. We may review and change aspects from time to time and changes can be found at www.tipinc.tech. If you do not understand or agree, then you should not use Tipinc and if you continue to use Tipinc after any changes are made, you will be deemed to agree to the changes.
2. Duration of terms
a. The terms commence once you subscribe to tipping.
b. The terms continue until:
i. Either of us serves notice of termination in accordance with the terms;
ii. Or you delete your outlet.
3. Tipinc obligations
a. We provide you with access to create a profile, connect with your employees and subscribe to tipping, in app.
b. Give you visibility of tipped amounts.
c. Provide services in accordance with good industry practice and all applicable laws and regulations.
4. Your obligations
a. Provide accurate information during sign up.
b. Act in good faith and promptly deal with any customer complaints or remarks relating to tips.
c. Provide accurate information required by Tipinc when managing group tips, including hours worked in a set period by employees, so that tips can be distributed fairly.
d. Agree that you shall have no influence or control over the distribution of group tips collected via the Tipinc platform.
e. Confirm that you will only use Tipinc so that staff can receive tips paid directly by the customer or by us via group tipping.
f. Allow all employees of the outlet to receive tips via the Tipinc platform.
g. Allow employees to use Tipinc as an optional choice and not force employees to use the platform as part of their employment.
5. Charges and payment
a. All charges quoted are exclusive of any applicable VAT.
b. Any additional services, such as additional printing costs, shall be paid to Tipinc.
c. When you subscribe, Tipinc shall invoice the Outlet for the charges that are due and payable on day one of the period which is 1 month.
d. The Outlet shall pay each invoice submitted to it by Tipinc, in full and in cleared funds, via subscription and on day 1 of each period.
e. Without prejudice to any other right or remedy that it may have, if the Outlet fails to pay Tipinc on the due date, Tipinc may suspend all services until payment has been made in full.
6. Liability and Insurance
a. If Tipinc is prevented or delayed in carrying out its obligations by the Outlet, it’s agents, sub-contractors, consultants, or employees, Tipinc will not be liable for any costs or losses incurred by the Outlet.
b. Nothing in these terms limit or exclude either party’s liability for;
i. Death or personal injury
ii. Fraud
iii. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
iv. Any other liability which cannot be limited or excluded by applicable law.
c. Neither party shall have any liability to the other party regards;
i. Loss of profits
ii. Loss of sales or business
iii. Loss of contracts
iv. Damage to goodwill
v. Corruption of software, data or information
d. Total aggregate liability of Tipinc to the Outlet shall not exceed £5000.
7. Termination
a. You may cease to use Tipinc at any time by deleting your account or unsubscribing from tipping in the app.
iii. This will remove your staff’s ability to receive tips.
iv. Any outstanding balances will not be paid, so ensure you update hours worked before you cease to use the tipping platform.
b. We may terminate your use of Tipinc at any time by serving written notice to you, including by email.
8. Consequences of Termination
a. The Outlet shall immediately pay any outstanding invoices to Tipinc
b. Tipinc shall continue to honour its obligations to pass on any tips collected on behalf of the Outlet’s staff, where possible and when not restricted.
c. If the Outlet unsubscribes during a period already paid for, there will be no refund for time remaining but the Outlet can continue to use the tipping platform for that remaining time.
9. Law and jurisdiction
a. These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising shall be subject to the exclusive jurisdiction of the English courts.
EMPLOYEE TERMS & CONDITIONS
1. Tipinc is a social network and digital tipping collection platform by Tipinc Limited (“we”, “us”, “our”). Tipinc Limited is registered in England and Wales under registered company number 13101378 with address, 1st Floor Waterside House, Waterside Drive, Wigan, Lancashire, England, WN3 5AZ
a. Tipinc is available via our software applications on iOS and Android.
b. As an employee of an Outlet subscribed to our tipping platform, you (the Employee) agree to appointing us as your non-exclusive commercial agent to collect tips on your behalf.
c. Employee Terms and Conditions should be read in conjunction with our Platform Privacy Policy and End User License Agreement. We may review and change aspects from time to time and changes can be found at www.tipinc.tech. If you do not understand or agree, then you should not use Tipinc and if you continue to use Tipinc after any changes are made, you will be deemed to agree to the changes.
2. Appointing us as your commercial agent when your Outlet is using group tipping
a. You give us permission to act as your non-exclusive commercial agent to collect tips on your behalf and remit tips to you.
b. We only act as a commercial agent for you and do not act as a commercial agent for customers or any third parties involved in the tipping process.
c. You agree that you will only have recourse against us if we collect tips on your behalf and we fail to transfer them to you once they are available and due.
3. Duration of terms
a. The terms commence once you are verified by your Outlet and your Outlet has subscribed to tipping.
b. The terms continue until:
i. Either of us serves notice of termination in accordance with the terms;
ii. Or you no longer work within the relevant Outlet.
4. Tipinc obligations
a. We provide you with access to create a profile, connect to your Outlet and set up your Stripe account.
b. Provide the customer with the option to cover the transaction cost.
c. Collect tips and hold the monies on your behalf.
d. Give you visibility of tipped amounts.
5. Your obligations
a. Provide accurate information during sign up.
b. Confirm that you work in an Outlet.
c. Have the legal right to work in the UK.
d. Confirm that you are not registered for UK VAT
e. Act in good faith and promptly deal with any customer complaints or remarks relating to tips.
f. Confirm that you will only use Tipinc to receive tips paid directly by the customer or by us via group tipping.
g. You are responsible for correctly and punctually reporting tips paid to you via Tipinc as earnings to your relevant tax authority and remain personally liable for payments of all taxation applicable to amounts paid to you via Tipinc.
h. Agree to reimburse us for any and all claims, damages and/or losses resulting from claims made by any third party against us as a result of your failure to comply with any of the points in section 5.
6. Distribution of your tips
a. In order to receive tips, you must be connected and verified by your Outlet.
b. When your Outlet is operating individual tipping, Customers can choose to tip you directly.
c. When your Outlet is operating group tipping, tips will be shared amongst the team based on hours worked during a period.
d. When we collect tips on your behalf, we will distribute your share to your Stripe account.
e. Before group tips can be moved into your Stripe account, funds must clear, which can take up to 7 days. We rely on your outlet admin providing hours worked before we can distribute tips.
f. We are not responsible for any errors, omissions or behaviours of your Outlet admin when adding hours worked by the team.
7. Transaction fees
a. We give the customer the option of covering the costs of processing the card payment when a tip is given. If the customer agrees to this, you will receive 100% of the tip. If the customer does not agree to this, the transaction cost will be deducted from the tip.
b. Tipinc does not take anything from any tip given.
8. Termination
a. You may cease to use Tipinc at any time by deleting your account or removing yourself from your Outlet.
i. This will remove your ability to receive tips.
ii. Any outstanding balances will not be paid, so ensure your outlet admin updates hours worked before you leave the Outlet or Tipinc platform.
b. We may terminate your use of Tipinc at any time by serving written notice to you, including by email.
9. Law and jurisdiction
a. These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising shall be subject to the exclusive jurisdiction of the English courts.
a. Tipinc is available via our software applications on iOS and Android.
b. As an employee of an Outlet subscribed to our tipping platform, you (the Employee) agree to appointing us as your non-exclusive commercial agent to collect tips on your behalf.
c. Employee Terms and Conditions should be read in conjunction with our Platform Privacy Policy and End User License Agreement. We may review and change aspects from time to time and changes can be found at www.tipinc.tech. If you do not understand or agree, then you should not use Tipinc and if you continue to use Tipinc after any changes are made, you will be deemed to agree to the changes.
2. Appointing us as your commercial agent when your Outlet is using group tipping
a. You give us permission to act as your non-exclusive commercial agent to collect tips on your behalf and remit tips to you.
b. We only act as a commercial agent for you and do not act as a commercial agent for customers or any third parties involved in the tipping process.
c. You agree that you will only have recourse against us if we collect tips on your behalf and we fail to transfer them to you once they are available and due.
3. Duration of terms
a. The terms commence once you are verified by your Outlet and your Outlet has subscribed to tipping.
b. The terms continue until:
i. Either of us serves notice of termination in accordance with the terms;
ii. Or you no longer work within the relevant Outlet.
4. Tipinc obligations
a. We provide you with access to create a profile, connect to your Outlet and set up your Stripe account.
b. Provide the customer with the option to cover the transaction cost.
c. Collect tips and hold the monies on your behalf.
d. Give you visibility of tipped amounts.
5. Your obligations
a. Provide accurate information during sign up.
b. Confirm that you work in an Outlet.
c. Have the legal right to work in the UK.
d. Confirm that you are not registered for UK VAT
e. Act in good faith and promptly deal with any customer complaints or remarks relating to tips.
f. Confirm that you will only use Tipinc to receive tips paid directly by the customer or by us via group tipping.
g. You are responsible for correctly and punctually reporting tips paid to you via Tipinc as earnings to your relevant tax authority and remain personally liable for payments of all taxation applicable to amounts paid to you via Tipinc.
h. Agree to reimburse us for any and all claims, damages and/or losses resulting from claims made by any third party against us as a result of your failure to comply with any of the points in section 5.
6. Distribution of your tips
a. In order to receive tips, you must be connected and verified by your Outlet.
b. When your Outlet is operating individual tipping, Customers can choose to tip you directly.
c. When your Outlet is operating group tipping, tips will be shared amongst the team based on hours worked during a period.
d. When we collect tips on your behalf, we will distribute your share to your Stripe account.
e. Before group tips can be moved into your Stripe account, funds must clear, which can take up to 7 days. We rely on your outlet admin providing hours worked before we can distribute tips.
f. We are not responsible for any errors, omissions or behaviours of your Outlet admin when adding hours worked by the team.
7. Transaction fees
a. We give the customer the option of covering the costs of processing the card payment when a tip is given. If the customer agrees to this, you will receive 100% of the tip. If the customer does not agree to this, the transaction cost will be deducted from the tip.
b. Tipinc does not take anything from any tip given.
8. Termination
a. You may cease to use Tipinc at any time by deleting your account or removing yourself from your Outlet.
i. This will remove your ability to receive tips.
ii. Any outstanding balances will not be paid, so ensure your outlet admin updates hours worked before you leave the Outlet or Tipinc platform.
b. We may terminate your use of Tipinc at any time by serving written notice to you, including by email.
9. Law and jurisdiction
a. These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising shall be subject to the exclusive jurisdiction of the English courts.
