This website is owned and operated by TIPPER PORTAL L.L.C ("Tipper", "Operator", "we" or "us"). The following terms and conditions ("Terms", "Agreement") govern your access to, use of Establishment.tipper.ae (the "Website", "Site") and the Tipper Service GUI (the "Interface"), including any content, features, and services offered on or through the Website or Interface.
Please read the Terms carefully before starting to use the Website or the Interface. By using the Website or Interface or, where applicable, by clicking "Accept" or "Agree" to the Terms when this option is made available, you accept and agree to be bound by these Terms and our Privacy Policy, Refund Policy posted at Establishment.tipper.ae, via link. If you do not wish to agree to these Terms or the Privacy Policy, you may not access or use the Website or the Interface. 1. Terms and Definitions1.1 The service provided by TIPPER PORTAL L.L.C. (“Service” or “Software”) is accessible through an Internet resource or graphical software interface. Its primary function is to allow users to view an establishment's menu, place orders, make non-cash payments using a payment gateway, transfer funds (tips) in non-cash form within the premises (e.g., restaurant, hotel), and access other current or future services.
1.2 The User refers to a natural person who has agreed to the terms. Minors under 18 years of age should not use or register on the website or interface or conduct transactions unless in compliance with the current legislation of the UAE. The Service caters to three user categories with varying rights and responsibilities: "Visitor of the establishment," " Establishment," and "Administrator."
- "Visitor" is an unregistered user with the right to utilize authorized Service functionalities for viewing the establishment's menu, placing orders, making non-cash payments, transferring funds (tips), and accessing other offered or upcoming services.
- "Establishment" refers to a registered user who can process orders, accept non-cash payments, and receive tips within the premises, among other services.
- "Administrator" is a registered user who manages authorized access and controls menu updates, order processing, received fund transfers, and supervises the Establishment 's performance.
1.3 The establishment's menu is a page within the Service that enables Visitor to view and order the goods or services offered by the establishment.
1.4 Order payment involves utilizing the Service's technical capabilities for non-cash payment for ordered goods or services in favor of the Establishment.
1.5 Tips are monetary sums transferred by Visitor to the Establishment at their sole discretion and do not constitute full or partial payments for services, goods, or work.
1.6 A Partner is an Establishment utilizing the Service.
1.7 Personal data includes any information about the Partner obtained during their use of the Service.
1.8 An Internet resource, such as a website or interface, provides the Service.
1.9 The online payment system allows for cashless fund transfers from Visitor to Establishment and is operated by the Service's partners.
1.10 Banks are financial institutions ensuring the Service's operations.
1.11 A Transaction represents fund transfers from the Operator to the Partner's bank account.
1.12 A QR code is a technology facilitating data access and identification for fund transfers or accessing other Service features among the three user categories.
1.13 Tariffs refer to fees for using the Service.
1.14 A Commission represents the license fee for services provided by the Service during fund transfers from Visitor to Establishment.
1.15 Service Connection Form, an attachment to this Agreement, enables the Operator and the Partner to determine the connected Operator services, their cost, and the amount of Commissions. After the Partner's approval of the service volume and cost in their personal account, the Operator sends the service connection form to the Partner's registered email address, and it is also available in the Partner's Personal account.
1.16 Confidential information includes information transferred by the Partner to the Operator, encompassing commercial, contractual, and financial data, as well as related documents and information. This does not include publicly available information on the Service's resources or other websites, as well as information not considered confidential by the current UAE legislation.
2. Subject of the Terms2.1 The tools and services hosted on the Operator's websites or applications for mobile platforms (collectively, "Software") are a complete technological business solution for e-commerce operations. This platform is intended for offering various Partner services/goods to their Clients by entities registered in the United Arab Emirates.
2.2 The Operator also provides a service for technological interaction between the Partner, Establishment's Visitor, the Institution, and the Bank. This includes the option for cashless online payment of the order value and tips by the Visitor using the payment gateway provided by the Service. The Partner and the Establishment have control over the flow of funds and the right to batch receipt of these funds from the Operator in the agreed-upon order and terms. The Visitor pays the order and tip directly to the Establishment without involving third parties, and the Partner agrees to pay the Operator for using the Service in accordance with these Terms.
2.3 The Partner independently establishes legal relations with the Establishment for the use of the Service, if necessary.
2.4 The Terms are accepted when the Partner registers in the Service and checks the "I agree with the Terms" box.
2.5 These Terms come into effect when any User begins using the Service, whether registered or unregistered. Using the Service implies unconditional acceptance of this Agreement for any User, unless otherwise provided.
3. License and Access3.1 Subject to full compliance with this Offer, the Agreement and any other applicable Terms of Service, as well as payment of established fees, the Operator grants you limited, non-exclusive, non-transferable, non-sublicensable access to the commercial use of the services available on the Service.Access to the Service is intended exclusively for the purposes specified in Section 2 of this Agreement. The services offered by the Operator are intended for individual commercial use and may not be used on behalf of any third party, except as expressly permitted by the Operator in a separate document agreed in advance in writing.
3.2 All rights not expressly granted to the Partner, the Facility and the Facility Visitor in this Offer. or any other applicable Terms of Service, are stored for the Operator or its licensors, suppliers, or other service operators. No service of the Service, as well as any part thereof, element may not be reproduced, replicated, copied, sold, resold, visited or used in any other way, except for those specified, for any commercial purposes without the written consent of the Operator. You may not frame or use framing methods to add any trademark, logo or other proprietary information (including images, text, page layout or form) to the Service without the written consent of the Operator. You may not use any meta tags or any other "hidden text" using the Service's name or trademarks without the written consent of the Operator.
3.3 The Operator reserves the right to refuse service, terminate accounts and/or cancel authorized or unauthorized access at its sole discretion if we believe that the conduct of a Partner, Facility or Facility Visitor violates this Offer, applicable UAE law and/or international regulations rights, or harms our interests.In other words, you may not abuse the services of the Service.
4. Copyrights and trademarks4.1 All content included on any page of the Service, such as text, graphics, logos, button icons, images, audio, video and software, is the property of the Operator or its content providers; and the compilation of all content included in or accessible through any page of the Service is the exclusive property of the Operator and is protected by UAE and international copyright laws. In addition, graphics, logos, page headers, button icons, scripts and service names included in or available through any service on the Service are trademarks or trade marks of the Operator in the UAE and/or other countries.
4.2 Use of any of our intellectual property without our written consent is strictly prohibited. Trademarks and other intellectual property may not be used in connection with any products or services that do not belong to the Operator, in any way that may cause confusion among consumers or in any way that disparages and/or discredits the Operator . All other trademarks not owned by the Operator that appear on any page of the Service are the property of their respective owners, who may be associated with, affiliated with, or sponsored by the Operator. You may not use any of our trademarks or service marks in meta tags without our prior written consent.
4.3 The Operator may use proper trade names, names of Establishment or trademarks of the Partner for public disclosure of information about joint activities or interaction without the prior consent of the Partner. The Partner understands that the Operator will use its trade names, names of Establishment or trademarks only for informational purposes to publish them on the official website of the Service, advertising booklets, or other advertising products. The Оperator will not bear any financial or property responsibility for reputational losses of the Partner.
5. Service provision procedure and interaction of the Parties5.1 The service provides information and technological interaction between the Partner, the Visitor of the Establishment, the Institution, which takes place in the form of implementation of the formation, adaptation, updating, electronic menu of the Establishment, with built-in methods of placing an order, processing of this order by the Establishment and other services offered by the service or will be proposed later.
5.2 The Operator also provides a service that ensures technological interaction between the Partner, the Visitor of the establishment, the Establishment and the Bank, which consists in the possibility of cashless online payment of the order cost by the Visitor of the establishment using the payment gateway provided by the Service, the possibility of cashless online payment of tips by the Visitor of the establishment using a payment gateway provided by the Service in favor of the Establishment. The Operator processes and stores the funds received for the specified period from the use of the payment gateway of the Service for the benefit of the Partner and, in a period agreed by the parties, which cannot be more frequent than every 30 calendar days, carries out a batch (group) transfer of the funds received for the benefit of the Partner, with a preliminary deduction Service commission to the indicated bank account of the Partner.
5.3 If the Partner, Establishment, Administrator, or Visitor of the establishment uses the Service to transfer funds only for purposes other than the transfer of the value of the order or the amount of the tip, the obligation and responsibility for the calculation and payment of any taxes and fees provided by law arising as a result of improper use of the Service shall be borne by the Establishment. The operator is not responsible for the transfer of funds from the Visitor to the Establishment.
5.4 In addition to any other legal or necessary remedies, we may, without notice, immediately terminate or revoke 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 all access to and use of the Service, and we will, in addition to any other legal or necessary remedies, immediately cancel all passwords and account credentials provided to you and deny you access and use the website of the Service or any other website of the Operator in whole or in part.
5.5 The operator tries to be as accurate as possible.However, the Operator does not guarantee that the service descriptions or other content of any information page of the Service is 100% accurate, complete, reliable, current or error-free.
5.6 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 sites does not mean their approval by the Operator.
5.7 Obligations of the Partner to obtain the unhindered right to use the Software:
The Partner is obliged to properly fulfill all obligations for trade transactions carried out through the Operator's Software in accordance with the instructions of the Visitor of the Establishment. The Partner will not confirm the order as "Shipped/Order Fulfilled" until the product has been shipped or the order has been completed/fulfilled. Licensee agrees to deliver all goods to its Visitor and/or complete/fulfill all orders promptly and without delay. The Partner will not offer for sale goods that are not in stock or products that are not in stock.
Before accepting any instructions from the Visitor of the facility, the Partner must make sure that the relevant agreements have been concluded with the Visitor of the facility in accordance with the requirements of current legislation and regulations.
The Operator conducts for the Partner all checks that may be required on an independent basis. The Partner is aware that the Visitor of the Establishment, the Service Providers and the acquiring Banks in no way guarantee any transactions with the Visitor of the Establishment. The Operator, Service Providers, and Acquiring Banks are in no way a party to the Agreement between the Partner and the Visitor of the facility. All contracts are concluded directly between the Partner and the Visitor of the establishment.
5.8 Notwithstanding the above, the Partner assures and guarantees to the Operator, Suppliers and Acquiring Banks that all orders of the Visitor of the facility, for which the payment was transferred through the Operator's Software, will be duly fulfilled.
The Partner must ensure that the industry's best service standards are adopted and that all goods and services purchased for Guests of the facility are delivered to the highest standards. The Partner must ensure that all licenses and registrations required by the Visitor of the Facility are in full force and effect to enable the Partner to conduct the business of selling goods and services. Partner assures and guarantees the Operator, Card Associations, Acquiring Banks, and Service Providers that the Partner will comply with all rules, regulations, and standards established by the Card Associations, Acquiring Banks, Credit Providers and the Operator.
The Partner warrants that it acts in accordance with all laws, rules and regulations, notices and guidelines set by the UAE Central Bank/Visa/MasterCard/Contractor/Acquiring Banks and Credit Providers and will at all times act in accordance with them.In the event of any dispute between the Partner and its Visitor, whether related to any improper, improper or incomplete service provided to the Visitor or otherwise, the Operator, Credit Providers and Acquiring Banks shall not be a party to any - any litigation, arbitration or other proceeding commenced with respect to such disputes. The Partner shall take all necessary measures and/or precautions to ensure that the services offered to the Partner on the Site or mobile platform application or otherwise are not mistaken or misrepresented as being associated with, offered by the Operator, Providers services and acquiring banks.
Thus, the Partner grants the Operator, Acquiring Banks and Suppliers a non-exclusive, royalty-free, limited license to use, display and reproduce the trademarks, service marks and logos of the Partner solely in connection with marketing their products and services to the public.
6. Tariffs6.1 Customer account:
6.1.1 In order to access the Software, namely the Site or mobile platform application, the Partner must complete the registration process by creating a User(s) account on/in the Site or mobile platform application. In order to complete said registration, certain information and documents will be requested, which include, without limitation, the following: Partner's business/trade license with current date; a description of the Partner's activities; registered logo and/or trademark of the Partner;sufficient proof of authority for the User who will register, access and use the Software, namely the Site or the mobile platform application; The Partner must provide the User's identification data; The Partner provides any information and/or documentation that may be requested from time to time during the Operator's work.
The Operator reserves the right to refuse, reject, change, suspend or terminate the Partner account in case of inaccuracy, misappropriation, violation of the content of the Partner (including logo, trademark/trade name, etc.) of any property rights of third parties.
6.1.2 The Partner is responsible for maintaining confidentiality and restricting access and use of the Partner's account and password, and also assumes responsibility for all actions that take place under the User's account and password. The Partner is also responsible for all activities that occur under the Partner's account, regardless of whether these activities are carried out by the Licensee, the Partner's employees or a third party (including your contractors or agents), and the Operator is not responsible for any unauthorized access to Partner's account.
6.1.3 The Partner will provide true, accurate, up-to-date and complete information in the Registration Form on the Service or in the application of the mobile platform. The Partner shall maintain and promptly update such information so that it remains true, accurate, current and complete, and so that the Partner is entitled to use the Site or the Mobile Platform Application.If the Partner provides any information that is false, inaccurate, out of date or incomplete or does not comply with this Agreement, without prejudice to any other rights and remedies that the Parties have under this Agreement or Applicable Law, the Operator shall have the right indefinitely suspend, limit, cancel or cancel the use and access of the Software Partner, namely to the Site or mobile platform application.
6.1.4 All services related to training, support, installation, updating of the Software are provided by the Operator to the Partner for an additional fee, the amount of which is specified in the
Service Connection Form to this Agreement. The Partner shall pay the Operator any costs and expenses incurred by the Partner in connection with any other services provided by the Operator to the Partner, including but not limited to reasonable travel expenses, if any.
6.1.5 Service Connection Form is agreed upon by the Partner and the Operator through the Partner's acceptance of the conditions proposed by the Operator for the services of the Service chosen by the Partner. The Partner has the right to change the list of connected services or to disable them in the Personal account.
6.2 Payment, taxes:
6.2.1 As a reward for using the Service, the Partner pays the Operator the amount specified in the Service Connection Form in the form of a license fee and for each trade transaction that was carried out using the Operator's Software, in accordance with the Service Connection Form, including other one-time adaptation payments and additional services. All amounts are exclusive of VAT and payable in UAE Dirhams (AED).
6.2.2 Overdue payments.If Affiliate fails to make timely payment of any amounts due under this Agreement, Affiliate shall pay Operator a late fee equal to one percent (%) of the outstanding balance for each thirty (30) days or part thereof during which payments are overdue , plus any costs of collection, including reasonable attorney's fees and costs.
6.2.3 Taxes. Licensee shall pay or reimburse Operator for all federal, state, local, 5% VAT or other taxes, assessments or fees or amounts levied in lieu thereof (collectively, “Taxes”), and any interest or penalties thereon, based on this Agreement, its use or any services provided under this Agreement, excluding any taxes based on Operator's net income.
7. Rights and obligations of the Partner and the Operator7.1. The partner has the right to:
7.1.1. Provide Confidential Information for the Operator to perform actions necessary for using the Service;
7.1.2. To opt out of receiving informational messages, send an email to: info@tipper.ae;
7.1.3. Contact the Service support service with questions, claims and suggestions related to the operation of the Service by sending an e-mail to the e-mail address: info@tipper.ae.
7.2. The partner undertakes:
7.2.1. 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;
7.2.2.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 UAE law. The Partner is responsible for these actions, including those that lead to losses for the Service.
7.3. The operator has the right to:
7.3.1. Change the Terms at its sole discretion in accordance with these Terms;
7.3.2. 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. The Operator is not obliged to inform the Partner about the reasons for the termination of the use of the Service;
7.3.3. Engage third parties who will contribute to the achievement of the goals of the Service in compliance with the provisions on confidentiality and other conditions provided for in these Terms.
7.4. The Operator undertakes:
7.4.1. Provide the Partner and other categories of users with the opportunity to use the Service with the provision of an individual QR code in accordance with these Terms;
7.4.2. To maintain the effective working conditions of the Service, except when this is impossible for reasons beyond the control of the Operator;
7.4.3. Ensure the preservation and non-disclosure of Confidential Information provided by the Partner in accordance with this Agreement. The Operator undertakes not to disclose, not to provide, not to distribute, not to discuss and not to copy such Confidential Information to any person without the prior consent of the Partner, except for the cases provided by the laws of the UAE or the Terms.
8. Personal account of the Service Partner8.1 In order to use the services of the Service, the Partner will need an account on the website of the Service, to which he must log in or register as a new user and go through the procedure of verifying the identity of the Partner, in accordance with the terms and rules specified in the Offer and the Agreement. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
8.2 You must notify us immediately of any actual or suspected unauthorized use of your password or account on the Service website. We have no obligation to investigate the source of any such access or use of the Service. The Operator does not provide services to children, but we do sell them to adults who can purchase them using a credit card or other authorized payment method. If you are under 18 years of age, or under the laws of the UAE, you may not use the Service. The Operator reserves the right to refuse service, terminate accounts, cancel your rights to use the services of the Service, remove or edit content or cancel activated services at its sole discretion.
9. Privacy9.1 The Partner and the Operator agree that during the term of this Agreement, neither party will disclose, duplicate, copy or use any materials or information that they have obtained or will come into possession of in connection with this Agreement, to any other purposes other than for the performance of this Agreement and shall treat any information relating to the other party's research, development, trade secrets and commercial affairs as confidential and proprietary to each other, provided, however, that the obligation to treat such information as confidential does not apply to any information that: (i) is publicly available prior to the date of this Agreement, (ii) becomes publicly available after the date of this Agreement through no fault of the receiving party, (iii) is in the possession of the receiving party prior to the date of this Agreement, provided , that it was not unlawfully obtained, (iv) lawfully obtained in good faith from a third party not bound by confidentiality, or (v) must be disclosed by a court or other governmental authority upon proper notice to the other party to enable the other party to prevent or restrict such disclosure. The parties hereby acknowledge that the burden of granting the exceptions set forth in clauses (i)-(v) of this Agreement above rests with the receiving party. Notwithstanding the contrary, confidential information refers to the information of the Partner's customers, such information remains confidential during the term of the agreement.
9.2 The Partner and the Operator shall provide the confidential materials and information mentioned above only to their employees who need such information, after informing such employees of the confidentiality requirements of the agreement regarding the confidential materials and information received by the two parties. If such employee violates said confidentiality agreement, Partner and Operator shall indemnify the other party against any damages, costs or expenses, including legal proceedings, arising out of the disclosure of such information and upon request of the party whose information was disclosed to the parties that disclose information, have procedures in place to prevent the dissemination of any confidential or restricted data.