Welcome to Tip Network (“Tip Network,” “we,” or “us”). We work with third party payment providers
In addition to the Service, pursuant to separate agreements between Tip Network and the Payment Providers, we may also provide services for Payment Providers, which those Payment Providers may use to provide certain
services to their end customers (“Payment Services”). In connection with the Payment Services, the Payment Providers may collect, use and disseminate information from and about the Payment Provider’s clients. The
Payment Services are provided by the applicable Payment Provider (not Tip Network) and are governed by the Payment Providers’ terms, and applicable law; not these Terms.
1. REGISTRATION. To use certain features of the Service, you will need to create an account by following the instructions on the confirmation email you receive from Tip Network (“Account”). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Tip Network may suspend or terminate your Account in accordance with Section 15. You are responsible for maintaining the confidentially of your Account login information and are fully responsible for all activities that occur under you Account. You agree to immediately notify Tip Network of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Tip Network will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. SPECIAL DISCLAIMER; ACCURACY OF USER INPUTS. The Service is designed to assist you in calculating and managing employee tips, based on the information provided by you. All services provided hereunder will be based upon the information provided to Tip Network by you. As such you acknowledge and agree that the outputs and deliverables provided to you via the Service (“Outputs”) are wholly dependent upon the actions, instructions and inputs taken or provided by you on the Service (“Inputs”). Tip Network makes no warranty, representation, endorsement, or guarantee regarding, and accepts responsibility for the quality, content, nature or reliability of any Outputs. TIP NETWORK DISCLAIMS ANY AND ALL WARRANTIES OF ACCURACY RELATING TO ANY OUTPUTS. You are responsible for (i) the consequences of any Inputs you may give to Tip Network, (ii) your failure to use the Service in a manner prescribed by Tip Network, and (iii) your failure to supply accurate information. You will promptly review all Outputs for validity and accuracy according to your records. In the event any funds are erroneously issued or credited to any payee due to the your inaccurate or erroneous Inputs, you will cooperate with and assist Tip Network to recover such funds erroneously issued to any payee or credited to any payee’s account in error. THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICE PROVIDES CALCULATION SERVICES THAT ENABLE END USERS TO CALCULATE THEIR TIPS BASED ON THE INPUTS THOSE USERS PROVIDE, AND TO SHARE THOSE CALCULATIONS WITH THEIR EMPLOYERS. THE SERVICE DOES NOT COLLECT, PROCESS, OR SHARE ANY PAYMENT CARD INFORMATION, BANK ACCOUNT INFORMATION OR FINANCIAL INFORMATION OF ANY KIND, NOR DOES THE SERVICE ACCESS, CONTROL, HANDLE, ESCROW OR PROCESS ANY PAYMENTS. AS SUCH YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS NOT SUBJECT TO, NOR REQUIRED TO COMPLY WITH, ANY MONEY TRANSMITTER, BANKING OR OTHER FINANCIAL SERVICES LAWS, RULES OR REGULATIONS.
3. OWNERSHIP AND LICENSE. Unless otherwise noted, all text, content and documents on the Service, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Service and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Service (the “Content”) are owned by Tip Network (or its affiliates) or used with permission or under license from a third party, such as your Payment Provider (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Tip Network and you, all right, title and interest in and to the Content will at all times remain with Tip Network and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Service, are registered and/or common law trade names, trademarks or service marks of Tip Network or the applicable Owner.You may access and use the Service for your personal use only, via any device or computer which you are authorized to access and use, which may include your personal device, employer’s device or device provided by Tip Network, if any. Any rights not expressly granted herein are reserved.
4. USE AND RESTRICTIONS. You are permitted to use the Service and the Content on the Service for lawful purposes as provided in these Terms only. Tip Network grants you a non-exclusive, limited, personal, non-transferable, revocable license to access and use the Service and Content, without right to sublicense, under the following conditions: you shall not, without Tip Network’s express written consent:
• copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Service are being provided to you;
• use the Service to conduct or promote any illegal activities;
• attempt to reverse engineer or jeopardize the correct functioning of the Service, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Service;
• attempt to gain access to secured portions of the Service to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Service to generate unsolicited email advertisements or spam;
• use the Service to stalk, harass or harm another individual;
• use any high volume automatic, electronic or manual process to access, search or harvest information from the Service (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of the Service or interfere with or disrupt any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Service or the Content contained on any such web page for commercial use without our prior express written permission;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
• mirror or frame the Service or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
• use any tradename, trademark, or brand name of ours in metatags, keywords and/or hidden text;
• create derivative works from the Content or commercially exploit any part of the Content in any way;
• use any portion of the Service or the Content in any manner that may give a false or misleading impression, attribution or statement as to us, the Owner or any other third party; or
• alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
Tip Network reserves all other rights. Except as expressly provided herein, nothing on the Service shall be construed as conferring any license under Tip Network’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Tip Network may revoke any of the foregoing rights and/or your access to the Service, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
7. NO ARCHIVE. This Service is not and shall not function as an archive. Tip Network shall have no liability to you or any other person for loss, damage, or destruction to your information, including any calculations of your tips or payments. You shall be solely responsible for maintaining independent archival and backup copies of your information.
8. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED BY THE SERVICE, INCLUDING ALL THIRD PARTY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TIP NETWORK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED BY THE SERVICE, INCLUDING ANY THIRD PARTY CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TIP NETWORK DOES NOT WARRANT THAT THE SERVICE OR ANY CONTENT PROVIDED BY THE SERVICE, INCLUDING ANY THIRD PARTY CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TIP NETWORK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. ALL THIRD PARTY CONTENT IS PROVIDED AS A CONVENIENCE ONLY. TIP NETWORK DOES NOT ENDORSE, APPROVE, RECOMMEND OR OTHERWISE ASSUME ANY RESPONSIBILITY FOR ANY STATEMENT, PROMISE, CLAIM, PROMOTION, QUESTION, POLITICAL POSITION, ARGUMENT, OR OFFER INCLUDED IN ANY THIRD PARTY CONTENT. YOU AGREE THAT THE PROVIDER OF SUCH THIRD PARTY CONTENT IS SOLELY RESPONSIBLE FOR ANY SUCH STATEMENT, PROMISE, CLAIM, PROMOTION, CONTEST, SWEEPSTAKE, OR OFFER.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TIP NETWORK BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TIP NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TIP NETWORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. INDEMNIFICATION. You shall indemnify and hold harmless Tip Network and its suppliers (collectively, “Indemnitees”) from and against any loss, liability, claim, damage, cost or expense (including reasonably attorneys’ fees) (each a “Loss”) arising from or in connection with any action, proceeding or claim made or brought against the Indemnitees arising from or related to your use of the Service, or any amounts erroneously issued or credited to any third party attributable to your Inputs.
12. ASSIGNMENT. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tip Network without restriction.
13. UPDATE AND MODIFICATION OF THESE TERMS. You agree that Tip Network is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Service (each an “Update”). However, in the event Tip Network decides to offer an Update, you agree that Tip Network may amend these Terms in connection with such Update without specific notice to you and that your use of the Update is conditioned upon your acceptance of any revised Terms. The current version of these Terms will be posted at http://www.tipnetwork.com/termsandconditions (the “Site”) and you are responsible for reviewing the version of the Terms available at the Site before using an Update.
14. MISCELLANEOUS. Tip Network’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. TERMINATION. Tip Network may cancel, suspend or block your use of the Service without notice if there has been a violation of these Terms. Your right to use the Service will end once your registration is terminated, and any data you have stored on the Service, unless Tip Network is required to retain it by law. Tip Network is not responsible or liable for any records or information that is made unavailable to you as a result of your termination of registration. YOU AGREE THAT TIP NETWORK WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICE OR ANY ACTIVITY. Any limitations on liability that favor Tip Network will survive the expiration or termination of these Terms for any reason.
16. THIRD PARTY BENEFICIARY. You acknowledge and agree that the Payment Provider is a third party beneficiary of these Terms and will have the right to enforce these terms.
17. NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE. Your affirmative
act of using the Service, registering for membership and participating in any Activity constitutes your electronic signature to these Terms and your consent to enter into agreements with Tip Network electronically. You also agree that Tip Network may send any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Service (collectively, “Notices”) in electronic form to the e-mail address that you provided during registration. The delivery of any Notice from is effective when sent by Tip Network, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling your Account. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided.
All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Last Updated – June , 2014