1.1. Service of Tipper Digital Systems LLC ("Service") is available as an Internet resource, the main feature of which is to provide the technical possibility of transferring funds (tips) in cashless form within the institutions (restaurant, hotel, etc.) from the Tip Payer to the Tip Receiver.
1.2. The User is a natural person who has accepted the Terms. Persons using the Website who are minors/under the age of 18 should not register as users of the Website and should not transact or use the Website (the age of consent is specified following applicable law). The Service can be used by three categories of users, which differ in terms of their rights and duties: "Tip Payer", "Tip Receiver" and "Administrator".
• Tip Payer is an unregistered user of the Service who has the right to make voluntary money transfers (tips) using the Service's functionality and to leave feedback on the performance of Tip Receiver.
• Tip Receiver is a registered user of the Service who can receive money transfers (tips) from Tip Payers.
• Administrator (administrator of an institution (restaurant, hotel, etc.)) is a registered user of the Service who can provide access to the Service for Tip Receivers, and also controls the received money transfers (tips) and reviews the results of work of Tip Receivers within the institution of which he is the administrator.
1.3. Gratuities or Tips - a sum of money transferred by the Tip Payer (the amount of which is set at his own discretion) to the Tip Receiver and is not full or partial payment for services (works, goods).
1.4. Partner is an institution that uses the Service.
1.5. Personal data – any information about the Partner obtained during his use of the Service.
1.6. Internet resource - such as a website through which the Service provides.
1.7. Online payment system - partner(s) of the Service, which allows the cashless transfer of funds (tips) from the Tip Payer to the Tip Receiver.
1.8. Bank – the bank that ensures the operation of the Service.
1.9. Transaction – transfer of funds (tips) from the Operator to the Partner, namely to the Partner's bank account.
1.10. QR code is a technology that provides access to data and identifies data exchanged between the Partner and three categories of users of the Service to transfer funds (tips).
1.11. Tariffs – the fee for using the Service.
1.12. Commission - payment for services provided by the Service when transferring funds (tips) from the Tip Payer to the Tip Receiver.
1.13. Confidential information - information transferred by Partner to Operator following these Terms, including, but not limited to, commercial, contractual and financial information, as well as all documents and/or other information in writing or otherwise related to the Partner. Which displays and/or contains such confidential information. The information that is subject to protection and non-disclosure per these Terms does not include information that was/is posted by the Partner and is publicly available on the resources of the Service and on other sites and resources, as well as other information that cannot be considered confidential information in accordance with current legislation UAE.
2. Subject of the Terms
2.1. The Operator provides such Service that ensures informational and technological interaction between the Partner, the Tip Payer, the Tip Recipient and the Bank when the operation is in process, as well as money transfers (tips) between the Partner, the Tip Payer.
2.2. The Partner independently formalizes its legal relationship with the Tip Receiver regarding using the Service (if necessary).
2.3. Terms are accepted after the Partner, whether the User registers in the Service and ticks the box "I agree with the Terms and Conditions".
3. Service provision procedure and interaction of the Parties
3.1. The Service provides informational and technological interaction between the Tip Payer and the Tip Receiver, provision of technical means for the possibility of cashless transfer of funds (tips) from the Tip Payer to the Tip Receiver, as well as the technical possibility for Tip Payers to leave feedback on the work of the Tip Receiver.
3.2. The transfer of funds (tips) from the Tip Payer to the Tip Receiver is a donation of funds from one person to another.
3.3. If the Partner, Tip Receiver, Administrator, Tip Payer uses the Service to transfer funds for purposes other than the transfer of tips only, the obligation and responsibility for the calculation and payment of any taxes and fees provided by law arising from the improper use of Service shall be borne by Tip Payer. The Operator is not responsible for transferring funds from the Tip Payer to the Tip Receiver.
3.4. In addition to any other legal or necessary remedies, we may, without prior notice, immediately terminate or cancel any or all of your permissions and rights to use the Service granted under these Terms. Upon such termination or cancellation, you will immediately lose access to and use of all services of the Service, and we will, in addition to any other legal or necessary remedies, immediately cancel all passwords and account credentials issued to you and deny you access and use of the Service website or any other website of the Operator in whole or in part.
3.5. The operator tries to be as accurate as possible. However, the Operator does not guarantee that the descriptions of services or other content of any information page of the Service are 100% accurate, complete, reliable, current, or error-free.
3.6. The Service may contain links or advertisements to other websites owned and operated by third parties. The parties confirm that the Operator is not responsible for the operation of any resource or its content, and the inclusion of third-party websites does not mean their approval by the Operator.
4.1. The Service charges specific commissions for transferring funds (tips) from the Tip Payer to the Tip Receiver. The commission is 10% of each money transfer (tips) and is displayed and, therefore, can be found in the platform's user interface when tipping.
4.2. The Service restricts the transfer of funds (tips). The maximum transfer amount is 5,000 AED (five thousand dirhams).
4.3. The Tip Payer can commit to paying the Tip Receiver’s commission by checking the "I will cover the commission so that the receiver gets full amount" box. The Operator notifies that the above field sets to default and the Tip Payer has the right to leave the field blank.
5. Rights and obligations of the Partner and the Operator
5.1. The Partner has the right to:
5.1.1. Provide Confidential Information for the Operator to perform actions necessary for using the Service;
5.1.2. To opt out of receiving informational messages, send an email to: firstname.lastname@example.org;
5.1.3. To contact the support service of the Service with questions, claims and suggestions related to the operation of the Service by sending an email to the email address: email@example.com.
5.2. The Partner undertakes:
5.2.1. Provide reliable, up-to-date, accurate and complete information when using the Service. At the same time, the Partner agrees that the Operator is not obliged to check the authenticity of the information provided by the Partner;
5.2.2. Not to act on behalf of another existing or previously existing person, not to provide personal information of third parties, not to use information belonging to third parties in any other way that does not comply with the laws of the UAE. The tip payer is responsible for these actions, including those that lead to losses for the Service.
5.3. The Operator has the right to:
5.3.1. Change the Terms at its discretion per clause 6.3 of these Terms.
5.3.2. Depriving the Partner of the right to use the Service at any time. Deprivation of the use of the Service entails the impossibility of using the Service to transfer funds (tips). The Operator is not obliged to inform the Partner reasons for the deprivation of the use of the Service;
5.3.3. To engage third parties who will contribute to the achievement of the purposes of the Service in compliance with the provisions on confidentiality and other conditions provided in these Terms.
5.4. The Operator undertakes:
5.4.1. Provide the Partner and other categories of users with the opportunity to use the Service with the provision of an individual QR code following these Terms;
5.4.2. To maintain effective working conditions of the Service, except when this is impossible for reasons beyond the control of the Operator;
5.4.3. Ensure the preservation and non-disclosure of Confidential Information provided by the Partner in accordance with this Agreement. The Operator undertakes not to disclose, provide, distribute, discuss or copy such Confidential Information to any person without the prior consent of the Partner, except as required by UAE law or the Terms.
6. Final provisions
6.1. Acceptance of these Terms means complete agreement with the Terms.
6.2. The Operator is not responsible for services provided by third parties, including partners of the Service or the Bank.
6.3. The Website Policy and Terms may be changed or updated from time to time by requirements and standards. Such as, Users are encouraged to visit these sections frequently to keep abreast of changes to the Website. Changes will enter into force on the day of their publication. These Terms are published on the Operator's official Website at the address: www.tipper.ae.
6.4. All copyrights, patents, trademarks, service marks, trade names, trade secrets and other intellectual property rights, whether registered or not, related to any ideas, concepts, techniques, methodologies, inventions, i.e., technological processes, software or copyrighted works developed or created by the Operator during the implementation of the Services belong exclusively to the Operator. The functioning and capabilities of the Service are confidential information, the Service is provided to the Partner exclusively for internal commercial use, therefore it must be sufficiently protected against unauthorized access and use, and therefore cannot be copied or transferred to third parties without the prior written permission of the Operator.
6.5. If you use the Service or send us an email, text message or other messages from your mobile device, you agree to communicate with us electronically. You agree to receive emails from us (including marketing communications unless you have opted out where applicable), such as emails, texts, mobile notifications or messages, and messages on the site. You agree that all electronic notices, disclosures, agreements and other communications we provide to you comply with any legal requirement for written notice.Your use in electronic communications of vocabulary, expressions, symbols, and signs prohibited for use on the territory of the UAE may result in you have being deprived of access to the service's services for a certain period or forever.
6.6. All Parties to these Terms and Conditions are independent contractors, and nothing herein shall be construed as creating a joint venture, agency, or employment relationship. Neither Party nor any of their respective affiliates is an agent of the other Party for any purpose or has the authority to bind the other. There are no fundamental and derivative obligations in these languages regarding permanent and/or regular cooperation between the Parties.
6.7. The Operator and our affiliates shall not be liable for delay or failure to perform any obligation under these Terms. If the delay or failure is the result of any cause beyond our control, including labor disputes or other industrial disruptions, power outages, utility or other telecommunications disruptions, earthquakes, storms or other acts of nature, landslides, embargoes, riots, government acts or orders, acts of terrorism or war.
6.8. Operator may assign Terms and Conditions without the consent of any Party connection with a merger, acquisition, or sale of all our assets or to any affiliate within the framework of a corporate reorganization. After the effective date of such decision, the successor is deemed to be replaced and acts as a new party to these Terms, and the Operator is completely released from all its obligations and responsibilities regarding the fulfillment of these Terms In languages. Considering the above, these and other languages will bind all Parties and their legal successors.
6.9. If any part of these Terms is held to be invalid and/or unenforceable, the other parts of these Terms will remain in full force and effect. Any invalid and/or unenforceable portion shall be construed in accordance with the intent of the applicable portion of the Terms. If this is not possible, the invalid and/or unenforceable part will be severed from these Terms, but the rest of the Terms will remain in full force and effect.
7. Dispute resolution procedure
7.1. Any disputes or claims related to any way of using services of the Service, after mandatory pre-trial settlement, will be consider by the court in the territorial jurisdiction of which the Operator's company register, and you agree to the exclusive jurisdiction, place of hearing and additional provisions that are listed below. Disputes or disputes related to the quality of the Service are not allowed under the terms of this Agreement.
7.2. All Parties to these Terms undertake to independently pay all payments and/or fees for filing a lawsuit. We will seek reimbursement from you for attorney's fees and attorney's fees in the arbitration. You and we hereby agree that any dispute resolution proceeding will be conducted on an individual basis only and not as a class, consolidated, or representative action. Notwithstanding the previous, you and we agree that you or we may bring legal action to protect infringed or contested rights and/or abuse thereof.
7.3. The terms and conditions are set out in English and have priority. All notices made or given under these Terms must be in English. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement shall be used to resolve any conflicts or disputes.
8. Limitation of Liability
8.1. We and our partners shall not be liable to any party for any direct, incidental, special, consequential, or similar damages (including damages for loss of profits, revenues, customers, or opportunities) and by accepting this agreement, you acknowledge and understand the possibility of such damages. In addition, we will not be liable for any compensation and/or damages arising out of these terms and conditions or your use of the service in the event of: our termination for any reason; changes in the cost or procedure of providing services; any investment losses and liabilities in connection with this agreement and your use of access to the services of the service; for any unauthorized access to your personal (personal) information; alteration and/or deletion, destruction, loss or failure to store any of your content and other data. The operator reserves the right not to respond in any way to unbased complaints by parties.
9 . Terms of payment
9.1. All credit/debit card details and personal information will NOT be stored, sold, transferred, rented or leased to any third party.
9.2. We accept payments online by Visa and MasterCard credit/debit card in AED.
9.3. The Service will NOT provide any services or products to any country sanctioned by OFAC (Office of Foreign Assets Control) under UAE law.
9.4. Refunds will only be made using the original payment method.
10 . Features and security policy for the transfer of payment card data
10.1. We collect and process users' personal information to provide our services and provide an exceptional experience.
10.2. Two main types of information are collected from users in connection with the use of Our Services: (1) personal information; and (2) non-personal information. Personal information is any information that can identify a user, including, but not limited to, a user's name, address, date of birth, gender, email address, and telephone number. This information helps us maintain your user account.
10.3. All credit card payments are processed securely through the Etisalat payment gateway.
10.4. Secure Server Software (SSL) encrypts all information you enter before it is sent to us.
11. Our address
The United Arab Emirates, Dubai, Arenco Tower, office 1402.
Provide and maintain our Service: to monitor the usage of our Service.
Manage your account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
Contact you: by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
Provide you: with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
Manage your requests: To attend and manage your requests to us.
Process transactions and send notices about your transactions.
Verify the accuracy of and authenticate your information.
Detect, investigate and prevent potentially prohibited or illegal activities.
Communicate about accounts or transactions and send information about features and enhancements and communicate changes to our policies.
Personalize content and experiences, including providing recommendations based on your preferences.
Provide advertising including advertising based on your use of our Services or third-party websites.
Perform statistical, demographic and marketing analyses of users of Our Services and their purchasing patterns.
Conduct any other legitimate business activities not otherwise prohibited by law. We may share your personal information in the following situations:
With Service Providers: to monitor and analyze the use of our Service, to show advertisements to you to help support and maintain our Service, to contact you, to advertise on third party websites to you after you visited our Service or for payment processing.
For Business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
With Business partners: We may share your information with our business partners to offer you certain products, services or promotions.
Third parties, including governmental authorities and law enforcement: to (i) protect or defend our legal rights, interests or property and any related entity (ii) protect the safety and security of our customers or members of the public; (iii) protect against fraud; or (iv) comply with applicable law, subpoena or legal process.
Credit bureaus and collection agencies, as permitted by law.