Key Facts
Statement
© 2023 Tipsme. All rights reserved.
TERMS OF USE
Please read these terms of service (the “Terms of Service”) carefully as it constitutes a legally binding agreement between you and TIPSME COMPUTER SOFTWARE TRADING L.L.C , a company formed under the laws of Abu Dhabi, UAE with its registered address at ZAYED SPORTS CITY KHALEEJ AL ARABI STR ABU DHABI («TipsMe»). These Terms of Service govern access to and use of the TipsMe’s website located at www.tipsme.ae and any sub-domains used in connection with or related to the same and any future versions (together the “TipsMe Website”) as well as TipsMe’s mobile applications (the “TipsMe App”) and any TipsMe proprietary software used in connection with the TipsMe Website or the TipsMe App (the "TipsMe Software"). Together, the TipsMe Website, the TipsMe App and the TipsMe Software constitute the “TipsMe Platform”. These Terms of Service also apply to all services provided by TipsMe through the TipsMe Platform.
If you are using the TipsMe Platform or creating an TipsMe Account, for or on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Use. The term «User», «you» or «your» refers to the individual or legal entity, as applicable, accessing or otherwise using the TipsMe Platform or the TipsMe Services.
You understand that the TipsMe itself is not a bank, money transmitter, payment processor nor is it any form of money services business.
By accessing, browsing and using the TipsMe Platform, you confirm that you have read and accept these Terms of Use. If you do not accept these Terms of Use, then you may not access or use the TipsMe Platform or TipsMe Services.
These Terms of Use are subject to change by TipsMe in its sole discretion at any time and to the fullest extent permitted by applicable law. When changes are made, TipsMe shall make an updated copy of these Terms of Use available on the TipsMe Platform. Any changes to these Terms of Use shall be effective immediately after posting notice of such changes on the TipsMe Platform. TipsMe may require you to provide your consent to the updated Terms of Use in a specified manner before further use of the TipsMe Platform and/or the TipsMe Services is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the TipsMe Platform and/or the TipsMe Services. Otherwise, your continued use of the TipsMe Platform and/or TipsMe Services shall constitute your acceptance of such change. Please regularly check the TipsMe Platform to view the most current Terms of Use.
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1. PARTIES
These Terms of Use form an agreement between you and TIPSME COMPUTER SOFTWARE TRADING L.L.C , a company incorporated under the laws of Abu Dhabi, UAE. The terms «TipsMe», «us», «we» or «our» means TIPSME COMPUTER SOFTWARE TRADING L.L.C .
TIPSME COMPUTER SOFTWARE TRADING L.L.C and its affiliates, officers, directors and employees are referred to in these Terms of Use as the «TipsMe Group». For the avoidance of doubt, the TipsMe Group does not include any third parties.
2. USERS AND APPLICABLE LEGAL TERMS
Definition of Users.
You acknowledge and agree that the TipsMe Platform and the TipsMe Services are made available to facilitate:
- - the payment of tip (Online tipping);
- - the submission of guest reviews and ratings of personnel by consumers who use the TipsMe Platform («Tip payer») offered by restaurants, salons, hotels and other venues («Merchant») and the services performed by service providers employed by these Merchant («Tip recipient»);
- Collectively, Tip payer, Merchants, Tip recipient, and viewers of the TipsMe Platform constitute «Users» of the TipsMe Platform and these Terms of Use apply to all Users.
Other definitions that are not specified in this section shall be interpreted in accordance with the text of these Terms of Use. In the absence of an unambiguous interpretation of the definition, one shall be guided by the interpretation of the concept as specified: firstly, by UAE law, then by the interpretation prevailing (commonly used) on the Internet (on the respective Internet resources) and by the practice of business.
The Merchant shall independently formalise its legal relationship with the Tip Recipients regarding the possibility of using the functionality of the TipsMe Platform in their civil and/or other relations.
TipsMe Privacy Policy. Please note that important information about TipsMe’s practices on the collection, use and disclosure of Users’ personal information submitted via the TipsMe Platform is governed by the TipsMe Privacy Policy, the terms of which are incorporated into this Terms of Use. To view our TipsMe Privacy Policy, please see: https://www.tipsme.ae/privacy (the «TipsMe Privacy Policy»).
Additional Terms and Conditions for TipsMe Platform Users. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to the TipsMe App if downloaded from the Apple App Store or the Google Play Store.
The following additional terms and conditions apply to you if you are using the TipsMe App and have downloaded it from the Apple App Store or the Google Play Store. You acknowledge and agree that:
These Terms of Use are entered into between you and TipsMe. Neither Apple, Inc. («Apple») nor Google, Inc. («Google») (collectively, the «Download Providers») are parties to these Terms of Service nor shall they have obligations with respect to the TipsMe App. TipsMe, and not Apple or Google, is solely responsible for the TipsMe App, including any maintenance and support, and the content thereof as set forth hereunder. However, the Download Providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, the Download Provider used to obtain the TipsMe App shall have the right (and shall be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary. If TipsMe fails to conform to any applicable warranty, you may notify the Download Provider used to obtain the TipsMe App and they shall refund the purchase price (if any) of the TipsMe App in accordance with their policies, and, to the maximum extent permitted by applicable law, the Download Provider used to obtain the TipsMe App shall have no other warranty obligation whatsoever with respect to the application and, as between the Download Provider used to obtain the TipsMe App, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is TipsMe’s responsibility. You and us both acknowledge that TipsMe, not the Download Provider used to obtain the TipsMe App, is responsible for addressing any end-user or third-party claims related to the TipsMe App, including, but not limited to: (a) product liability claims, (b) any claim that the TipsMe App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law.
In the event of any third-party claim that the TipsMe App or your possession or use of the TipsMe App infringes on that third party’s intellectual property rights, TipsMe shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
3. TIPSME ACCOUNT
Several account types are available on the TipsMe Platform:
- a Group account (a personal account through a Merchant in that the User works);
- a Personal account per Merchant (if the User creates a personal account on behalf of the Merchant, he/she declares that he/she is authorised to bind that Merchant in accordance with the terms and conditions of these Terms of Use).
a. Accurate Information. You represent and warrant that all information supplied by you (or by anyone acting on your behalf) on the TipsMe Platform, including any information provided by you to create an account for use of the TipsMe Platform (an «TipsMe Account»), or in connection with your use of the TipsMe Services is true, accurate, current and complete.
b. Security of TipsMe Accounts. You must keep your TipsMe Account secure and you agree that you shall not disclose your TipsMe Account credentials to anyone. No members of the TipsMe Group shall be liable for any loss or damage arising from your failure to safeguard your TipsMe Account, use a strong password or use a password distinctive to your TipsMe Account. You may browse some parts of the TipsMe Platform without creating an TipsMe Account.
c. Discretionary Access to TipsMe Accounts. TipsMe reserves the right to deny your request for an TipsMe Account and to disable or terminate access to any TipsMe Account issued to you at any time in TipsMe’s sole discretion. If TipsMe disables access to an TipsMe Account issued to you, you shall be prevented from accessing the TipsMe Platform and using the TipsMe Services and shall not have access to your TipsMe Account details and other information that is associated with your TipsMe Account.
d. Suspension, Term, Termination and Deletion of TipsMe Accounts. TipsMe may suspend or terminate your ability to access the TipsMe Platform, or cease providing you with all or part of the TipsMe Services at any time for any or no reason, including, if we believe:
(i) you may have violated these Terms of Use;
(ii) you may create risk or possible legal exposure for us;
(iii) prolonged inactivity; or
(iv) our provision of the TipsMe Services to you is no longer commercially viable.
Suspension or termination may also include removal of all or some of the materials uploaded by you. TipsMe may make reasonable efforts to notify you by the e-mail address associated with your account, through the TipsMe Platform or when you next attempt to access your TipsMe Account, depending on the circumstances. You acknowledge and agree that TipsMe may make suspensions and terminations in its sole discretion and that no member of the TipsMe Group shall be liable to you or any third-party for any suspension or termination of your access to, or for the removal of any of the materials uploaded by you to, the TipsMe Platform. Any suspension or termination of such access or removal of such materials shall be in addition to any and all other rights and remedies that TipsMe may have. In case of termination, we may disable your TipsMe Account but retain the disabled TipsMe Account and the information associated for fraud prevention or other lawful purposes.
e. Account Deletion and Termination. You may request the deletion of your account by requesting (by e-mail or through any then-available interface on the TipsMe Platform) that your TipsMe Account be deleted; or
If you request deletion of your TipsMe Account, we may disable your TipsMe Account but retain the disabled TipsMe Account for fraud prevention or other lawful purposes. You may request termination these Terms of Use at any time by requesting by e-mail (or any then-available interface on the TipsMe Platform) that your TipsMe Account be deleted. TipsMe may terminate these Terms of Use at any time by giving notice to you, at our discretion, by e-mail at your current email address on file with us or through the TipsMe Platform.
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4. LICENSED ACCESS TI THE TIPSME PLATFORM AND PERMITTED USE
License. Subject to your compliance with these Terms of Use, TipsMe hereby grants you a personal i.e., only valid for you, revocable, non-exclusive and non-transferable license to use the TipsMe Platform in accordance with these Terms of Use in the following manner depending on the type of User that you are:
a. Tip payers: you may use the TipsMe Platform to facilitate payments of Online tipping to Tip recipient. You may also use the feedback features of the TipsMe Platform to post comments, ratings and reviews of Tip recipients and the Services they provide.
b. Tip recipients: you may use the TipsMe Platform to track Online tipping made to you via the TipsMe Platform by accessing the TipsMe Account, view his/her ratings and feedback, and carry out all legal actions available on the TipsMy Platform.
c. Merchant: you may access the TipsMe Platform to: (1) create a Personal or Group Accounts; (2) review ratings and reviews of Tip recipient posted by Tip payer; and (3) get different kind of statistics of this group.
The activities described above constitute «Permitted Use» as applicable to a specific type of User.
Reservation of Rights. TipsMe retains the right, at its sole discretion, to deny access to anyone to the TipsMe Platform or the TipsMe Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Use or use other than the Permitted Use. You shall cease and desist from any such access and use of the TipsMe Platform or TipsMe Services immediately upon request by TipsMe.
Changes to the TipsMe Platform. TipsMe reserves the right to change (or allow a third party to change) any information, material or content contained on or provided through the TipsMe Platform (the "Content") at any time, and from time to time, without notice.
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5. ONLINE TIPPING, TIPSME SERVICES AND SUPPORT
TipsMe Services
Through the TipsMe Platform, TipsMe provides Users with the following services (the «TipsMe Services»):
a. transfer the tip online from the Tip Payer to the Tip recipient,
b. leave and receive feedback and/or ratings about the Tip recipient,
c. set up a group of Tip recipient accounts and monitor the statistics for this group.
Any Merchant-related information on the TipsMe Platform is content provided by the Merchant and not TipsMe, and TipsMe is not liable for such content.
TipsMe Account
To use the TipsMe Platform and most features of the TipsMe Services, Tip recipients and/or Merchant are required to successfully create a user account (the «TipsMe Account») using the TipsMe Platform.
Making Online tipping
Using the TipsMe Platform, a Tip payer can scan the QR Code provided by a Merchant or Tip recipient to make Online tipping to the Tip recipient via a Payment Processor. After scanning the QR Code, a Tip payer will be redirected to the web-page, where to a window requesting that he/she enter or choose (if possible) the amount of the desired Online tipping. Once a Tip payer has entered or chose the amount, he/she will have the opportunity to review it and pay the card fees associated with the Online tipping. After a Tip payer reviews and confirms that the amount of the Online tipping is correct, the Tip payer may proceed to make the Online tipping. A Tip payer’s payment card will be charged when he/she makes an Online tipping.
Once a Tip payer has made an Online tipping, the Tip payer shall not be entitled to change or cancel that Online tipping and shall not be entitled to a refund.
User Support
TipsMe may offer support to Users in respect of issues relating to the TipsMe Services. Users with any problems, questions or suggestions with respect to the TipsMe Platform or the TipsMe Services should contact TipsMe’s customer support team (and not Tip recipient or Merchant) via e-mail provided on the TipsMe Platform.
Online tipping Processing Services
Online tipping processing services for the TipsMe Platform are provided by such third party processors or gateway service providers as TipsMe may choose from time to time (each such service provider, a «Online tipping Processor»). Depending on the applicable Online tipping Processor, you may be required to abide by any terms and conditions of such Online tipping Processors. You agree, understand and acknowledge that you agree to be bound by any such terms and conditions as communicated to you from time-to-time.
Price and Online tipping
Online tipping must be made by a Tip payer with an accepted credit or debit card issued in his/her own name through an Online tipping Processor (each such online tipping, a «Card Payment»). A Tip payer will be charged at the time of making a Service Payment. At the time of making an Online tipping, each Tip payer represents and warrants that it is using a credit or debit card issued in his/her own name. Each Tip payer consents to the collection and use of his or her information (including, if applicable, personal information) by such Online tipping Processors as is necessary to process Online tipping. TipsMe reserves the right to add, remove or replace any Online tipping Processor connected to the TipsMe Platform at any time in its sole discretion. Each Tip payer agrees that the Online tipping Processor charge his/her payment card for any Online tipping made. Each Tip payer is responsible for ensuring that all of his/her billing information is current, complete, and accurate.
Processing Charges
Each Tip Payment will be subject to TipsMe Fees and Processor Fees, as described below. When making a Tip Payment, a Tip payer must choose either to:
- Pay the TipsMe Fee and the Processor Fee (such that no fees are deducted from the Tip Payment before it is transferred to the Tip receiver); or
- Deduct the TipsMe Fee and the Processor Fee from the Tip Payment (such that the Tip Payment received by the Tip receiver is reduced by the amount of the fees).
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TipsMe and Online tipping Processor Fees
Online tipping made through the TipsMe Platform are subject to fees charged by TipsMe («TipsMe Fees») and fees charged by third party Online tipping Processors («Processor Fees») together «Card Fees».
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TipsMe Fees
TipsMe Fees (including VAT and any other taxes payable) are displayed in the Platform user interface when a tip is paid. The size of TipsMe Fees is stated in Key Fact Statement and is available for reference at the link: https://www.tipsme.ae/keyfacts
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Processor Fees
TipsMe currently uses Stripe and PayIT as Online tipping Processors. Their fee structures are available at:
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Each Tip payer agrees, understands and acknowledges that TipsMe engages Online tipping Processors to facilitate processing of payments, including Stripe and PayIT. Accordingly, a Tip payer may be required to follow any terms and conditions of such third-party Online tipping Processors/gateway service providers, as communicated to you, from time to time.
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Merchant Fee
Certain Merchant may require that a certain amount or percentage (a «Merchant fee») be deducted from Online tipping made to its Tip recipients. In such cases: (1) the Merchant will receive the Merchant fee; and 2) the Tip recipient will receive the balance of the Online tipping.
The Merchant Fee is specified by the Merchant on the Merchant Enrollment Form for The TIPSME Platform ( Annex No. 1 to these Terms of Use)
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Currency
Service Payments may be debited from a Customer’s bank/card account in a currency other than the one selected if the bank or Online tipping Processor requires payment in a specific currency or the currency selected by Customer is subject to a mandatory currency conversion. Any payment made in a currency other than the currency of the payment card used may result in additional fees being charged by the payment card provider or the Online tipping Processor.
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Payouts
Online tipping made by a Tip payer will be transferred to a Digital wallet to such Tip recipient or Merchant's bank account, depending on the type of account and its settings (Merchant's choice).
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Digital wallet must be issued in the name of a Tip recipient or Merchant's representative (manager, administrator or any other authorised person).
Depending on the Payment Processor TipsMe uses to process an Online tipping, Tip recipient or Merchant may be required to pay a fee when transferring Online tipping to their Digital wallets. Further details on these fees are available at: https://tipsme.ae/keyfacts
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6. USER RESTRICTIONS
You must use the TipsMe Platform in a lawful manner, and must obey all laws, rules, and regulations («Laws») applicable to your use of the TipsMe Platform and to Online tipping. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Online tipping.
There are certain conducts that are strictly prohibited when using the TipsMe Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at our sole discretion) in the termination of your use of TipsMe Platform and may also expose you to civil and/or criminal liability.
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Unless otherwise explicitly permitted under these Terms or in writing by us, you may not (and you may not permit anyone to):
- use TipsMe Platform for any illegal, immoral, unlawful and/or unauthorized purposes;
- remove or disassociate, from TipsMe Platform any restrictions and signs indicating proprietary rights of TipsMe or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®);
- interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access TipsMe Platform and retrieve, index and/or data-mine information;
- interfere with or disrupt the operation of TipsMe Platform or the servers or networks that host those Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse you, your site, your business or any statement you make, or present false or inaccurate information about TipsMe Platform;
- take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Platform infrastructure, as determined by us;
- bypass any measures we may use to prevent or restrict access to TipsMe Platform;
- copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of TipsMe Platform made accessible by us, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such content;
- copy, distribute, display, execute publicly, make available to the public, reduce to human-readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including TipsMe’s Intellectual Property, in any way or by any means;
- create a browser or border environment around TipsMe Platform;
- sell, license, or exploit for any commercial purposes any use of or access to TipsMe Platform or the content thereto;
- frame or mirror any part of TipsMe Platform without our prior express written authorization;
- create a database by systematically downloading and storing all or any of the content from TipsMe Platform;
- transmit or otherwise make available in connection with TipsMe Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- use TipsMe Platform for any purpose for which they are not intended; and/or
- infringe and/or violate any of the Terms.
It is prohibited to use the TipsMe Platform to collect any Service Payments or otherwise accept any payments relating to:
• illegal drugs, substances designed to mimic illegal drugs, or equipment designed for making or using illegal drugs;
• any product or service that is illegal in the jurisdiction where your business is located, where you are resident or where you sell products or services;
• pornography or other adult services such as prostitution, escort services and adult live chats;
• weapons and munitions;
• racist or anti-democratic media; or
• gambling, casinos and equivalent enterprises, including internet gambling, sweepstakes and contests, and fantasy sports leagues offering monetary or other material prizes.
Suspicion of Unauthorised or Illegal Use
We may refuse, condition, or suspend any Online tipping that we believe: (i) may violate this Agreement or other agreements you may have with TipsMe; (ii) are unauthorised, fraudulent or illegal; or (iii) expose you, TipsMe, or others to risks unacceptable to TipsMe. If we suspect or know that you are using or have used the TipsMe Platform for unauthorised, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your TipsMe Account, your Customers, and Online tipping made through your use of the TipsMe Platform.
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7. INTELLECTUAL PROPERTY RIGHTS
The TipsMe Platform, including its source and object codes, documentation (including all descriptive material concerning the functions and technical specifications of the TipsMe Platform, User manuals, technical manuals, and other materials issued to User in connection with the Access Right or the TipsMe Platform), appearance, structure and organization, is a product of TipsMe and is protected by copyright and other laws. Title to the TipsMe Platform, and any copy, update, modification or merged portion thereof, whether or not registered or capable of being registered, shall at all times remain with TipsMe. User acknowledges that TipsMe expressly reserves the entire right, title and interest in and to the TipsMe Platform, and retains the exclusive right to reproduce, publish, sell, modify, distribute, prepare derivative programs of, and license to other licensees, the TipsMe Platform. User shall not remove any trademarks, proprietary legends, or copyright notices from the TipsMe Platform, or reproduce, publish, sell, modify, distribute, prepare derivative programs of, or sublicense the TipsMe Platform in any manner.
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User shall make no copies of the TipsMe Platform, or any component thereof, or any TipsMe Platform documentation, for any purpose whatsoever without the prior written consent of TipsMe (which consent may be given or withheld in TipsMe’s sole and absolute discretion). User shall not decompile, reverse engineer, or otherwise seek or utilize any expression of the TipsMe Platform other than in object code form to access the TipsMe Services. User shall not alter or otherwise modify the TipsMe Platform.
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User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the TipsMe Platform by Users («User Content»), is the sole responsibility of such Users. This means that the User, and not members of the TipsMe Group, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the TipsMe Platform. TipsMe may monitor User Content but TipsMe does not guarantee, and does not warrant as to, the accuracy, integrity or quality of such content. Under no circumstances shall any members of the TipsMe Group be liable in any way for any User Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the TipsMe Platform. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the TipsMe Privacy Policy and all other User Content shall be considered non-confidential.
Cookies. TipsMe uses «cookies» and similar technologies. Cookies and such similar technologies are small data files that websites place on your computer, laptop or mobile device. Cookies are used by nearly all websites and do not harm your system. TipsMe’s Cookie Policy is available at www.easytip.net/privacypolicy. By using the TipsMe Platform, you agree to TipsMe’s use of cookies in accordance with the Cookie Policy.
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User Content License to TipsMe. By submitting, posting or displaying User Content on or through the TipsMe Platform or otherwise to TipsMe, you grant the TipsMe Group, a worldwide, non-exclusive, royalty-free, perpetual, transferable, and fully sub-licensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. TipsMe may sublicense User Content You further grant TipsMe the right (although TipsMe does not have the obligation) to pursue at law any person or entity that violates your or TipsMe’s rights in the User Content by a breach of these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit. For the avoidance of doubt, TipsMe has no obligation to post or display any User Content on the TipsMe Platform.
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Use of TipsMe Content and User Content by other Users. You may only use TipsMe Content and other User Content (e.g., Content provided by Vendors or Tip recipient) for the applicable Permitted Use. If you print extracts from the TipsMe Platform for your own personal, non-commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
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Trademarks and Trade Names. TipsMe’s marks and logos and all other proprietary identifiers used by us in connection with TipsMe Platform («TipsMe’s Trademarks») are all trademarks and/or trade names of TipsMe, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on TipsMe Platform belong to their respective owners («Third Party Marks»). No right, license, or interest to TipsMe’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
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8. LINKS TO THIRD PARTY WEBSITES
Certain links provided on TipsMe Platform permit our Users to leave the Platform and enter non-TipsMe websites or services. Those linked websites and services are provided solely as a convenience to you. These linked websites and services are not under the control of TipsMe and we are not responsible for the availability of such external websites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked websites and services. In addition, TipsMe is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to terminate any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked websites or resource.
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9. AVAILABILITY AND UPDATES
Availability. TipsMe Platform’ availability and functionality depend on various factors, such as communication networks. We do not warrant or guarantee that TipsMe Platform will operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or error.
Changes to TipsMe Platform. We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently TipsMe Platform (or any part thereof, including but not limited to the content) without notice, at any time. In addition, you hereby acknowledge that the content provided under TipsMe Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of TipsMe Platform. You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
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Amendments to the Terms. TipsMe may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on TipsMe Platform and will send you regarding such a change. Such material changes will take effect immediately after such notice was provided on TipsMe Platform or notified to you, whichever is the earliest. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Website on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
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10. DISCLAIMERS AND NO WARRANTIES
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, TIPSME PLATFORM AND CONTENT ARE PROVIDED ON AN «AS IS», «WITH ALL FAULTS» AND «AS AVAILABLE» BASIS, AND TIPSME, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS, VENDORS (COLLECTIVELY, «TIPSME’S REPRESENTATIVES»), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER UAE LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF TIPSME PLATFORM IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF TIPSME PLATFORM AVAILABLE THEREON. TIPSME AND TIPSME’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF TIPSME PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THESE FACILITIES.
THE CONTENT AVAILABLE ON TIPSME PLATFORM SHOULD NOT BE USED AS A BASIS FOR MAKING BUSINESS DECISIONS NOR SHOULD IT BE REGARDED BY YOU AS A SUBSTITUTE FOR SPECIFIC PROFESSIONAL ADVICE. TIPSME MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU AS TO THE ACCURACY, AUTHENTICITY OR COMPLETENESS OF THE CONTENT ON TIPSME PLATFORM, WHICH IS SUBJECT TO CHANGE AT ANY TIME.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
11. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL TIPSME, INCLUDING TIPSME’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE USE OF TIPSME PLATFORM, AND/OR THE CONTENT YOUR USE OR INABILITY TO USE THE FACILITIES AND/OR THE CONTENT AND/OR THE FAILURE OF TIPSME PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF TIPSME TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF TIPSME OR TIPSME’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER TIPSME OR TIPSME’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE ABOVE PROVISION, TIPSME DOES NOT ACCEPT ANY LIABILITY IN RESPECT OF YOUR INVOLVEMENT IN ANY MEDIATION, ARBITRATION, TRIBUNAL HEARING, COURT PROCEEDING OR OTHER PROCEEDINGS (OF WHATEVER NATURE) WITH ANY THIRD PARTY IN ANY WAY.
REFERENCE TO ANY SPECIFIC PRODUCT, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVOURING BY TIPSME. THE VIEWS AND OPINIONS OF DOCUMENT AUTHORS DO NOT NECESSARILY STATE OR REFLECT THOSE OF TIPSME OR ANY OF ITS AFFILIATES.
CUSTOMERS, MERCHANT AND SUPPLIERS USING THE TIPSME PLATFORM ARE INDEPENDENT PERSONS OR ENTITIES AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF TIPSME. THEREFORE, TIPSME IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OF CONTRACT OR NEGLIGENCE OF ANY CUSTOMER, VENDOR OR SUPPLIER, NOR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS OR EXPENSE ARISING THEREFROM, AND ASSUMES NO LIABILITY FOR THE GOODS AND SERVICES OFFERED BY CUSTOMERS, MERCHANT OR SUPPLIERS.
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12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless TipsMe, including TipsMe’s Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from (i) your use, misuse of, inability to use and/or activities in connection with TipsMe Platform and/or the content therein; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the TipsMe Platform; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to TipsMe Platform or TipsMe Services. It is hereby clarified that this defence and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defence and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defence. You agree not to settle any matter subject to indemnification by you without first obtaining our prior express written approval.
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13. TERMINATION OF TERMS OF USE AND THE TERMINATION OF THE TIPSME PLATFORM
At any time, TipsMe may without notice discontinue your use of TipsMe Platform, at its sole discretion, in addition to any other remedies that may be available to TipsMe under any applicable law.
Additionally, TipsMe may at any time, at its sole discretion, cease the operation of TipsMe Platform or any part thereof, temporarily or permanently, delete any information or content from the Platform or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving any prior notice.
You agree and acknowledge that TipsMe does not assume any responsibility with respect to, or in connection with the termination of TipsMe Platform operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.
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14. GENERAL
These Terms constitute the entire terms and conditions between you and TipsMe relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and TipsMe.
All matters relating to TipsMe Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of United Arab Emirates without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively at the courts in UAE, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over you by such courts. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO TIPSME PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
We may assign or transfer these Terms without restriction or notification.
No amendment hereof will be binding unless in writing and signed by us, and the parties agree that all correspondence relating to these Terms shall be written in the English language.
TipsMe's remuneration is the fee for the TipsMe Services rendered in the amount of 9.9%-11.4% (depends on tip payer card's issued country and bank), withheld when making a Transfer from the Tip Payer to the Tip Recipient.
DATA PRIVACY AND COOKIE POLICY TIPSME
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1. IMPORTANT INFORMATION
TIPSME COMPUTER SOFTWARE TRADING L.L.C is a Company registered in the Emirate of Abu Dhabi, United Arab Emirates with a commercial license no CN-4332861. TIPSME COMPUTER SOFTWARE TRADING L.L.C operates through a Dubai branch office.
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At TIPSME COMPUTER SOFTWARE TRADING L.L.C , and our branch office (collectively referred to as «TipsMe», «we», «us»), we take our data protection and privacy responsibilities seriously. This statement describes how we collect, process, use, disclose and transfer your personal data as a data controller. It covers instances when you contact us, use our services or interact with our websites, such as www.tipsme.ae, and TipsMe mobile app and software. Together, the TipsMe Website, the TipsMe App and the TipsMe Software constitute the «TipsMe Platform».
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This Privacy Policy should be read and interpreted together with the Terms of Use of TipsMe.
By accepting our Terms of Use, you are confirming that you have read and understood this Privacy Policy, including all of the provisions on what Personal data we collect and how we use that information. By confirming the use nay services offered by or through TipsMe, you are consenting to the terms in the Privacy Policy.
1.2 By providing us with your data, you warrant to us that you are over 18 years of age.
1.3 Purpose of data processing. We process your data in order to provide you with the TipsMe Platform and all associated services.
1.4 Terms which are not defined in this Privacy Policy shall have the meanings ascribed to them in the Terms of Use of TipsMe:
- User Consent: refers to when you the visitor (hereinafter referred to as «User», «you», «your») access and use any facility or content we own or operate in reference to the TipsMe Platform, which is owned, operated, maintained or mandated under service by TipsMe, you as the User consent to the data practices prescribed in this Privacy Policy. This is further supported in your application for the creation of a User account, if applicable.
- Data Subject: means any person whose confidential and personally identifiable User data is being collected, processed, used, maintained, stored, transferred, disclosed, erased, or destroyed. For ease of understanding: You, as the User of the TipsMe Platform are the Data Subject.
- Data Processor: means any person (other than an employee of the data controller) who processes Personal Data of a Data Subject, on behalf of the Data Controller. Again, we reiterate that TipsMe may process your Personal Data (defined below) directly, or through authorized agents, vendors third parties and service providers of TipsMe, who may be chosen by us for the purposes of furthering the individual and entities’ business of TipsMe.
- Data Controller: means a person who (either alone or jointly with other persons) determines the purposes for and the manner in which any Personal Data is to be processed. TipsMe is the data controller of your Personal Data as well as the Data Processor. Data protection is important to us and we adhere to all applicable data protection laws and regulations globally for the purposes mentioned in this policy and only as applicable.
- We may also process your Personal Data and you consent to the processing thereof, to satisfy all legal obligations, if it is necessary to carry out any obligations arising from any contracts entered into with you or to carry out any services to you, by any TipsMe entity, or to take steps at your request prior to entering into a contract with you, or for our legitimate interests to protect our property, rights or safety of either TipsMe entity, it’s Users, customers, clients, other persons or other entities.
- We have also appointed a Data Protection Officer (“DPO”), together acting as a designated Data Protection Controller, who shall be responsible for overseeing data-related matters to address any questions in relation to this Privacy Policy. If you have any questions about the Privacy Policy, including requests to exercise your rights related to data, please contact us: support@tipsme.ae
1.5 Updates. We may amend this Private Policy from time to time to keep it up to date with legal requirements and the way we operate our business. Please regularly check these pages for the latest version of this statement. If we make material changes to this Privacy Policy, we will seek to inform you by notice on our website or email («Notice of Change»).
1.6 Third Party Websites or apps. TipsMe Platform may link you to other websites or apps. We are not responsible for the way in which third party websites or apps operate or the way in which they may process any personal data, which you provide to them. It is important that you understand this and check their respective privacy policies and terms of use.
2. TYPES OF DATA COLLECTED AND PROCESSED
2.1 TipsMe collects Personal Data and Anonymous Data of Data Subjects; and only in a manner as described below.
(a) Personal Data means data that allows:
- someone to identify or contact you, including, for example: your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data, in certain circumstances, your photograph;
- data relating to any payments you make or receive using the Payment Processors associated with the TipsMe Platform (such as the amount, date and recipient of payments); and
- contact details optionally provided by Customers when submitting reviews.
TipsMe processes this data to enable you to access and use the TipsMe Platform, to keep records of any payments you make or receive, and to enable follow-up on Customer reviews by the Users who use the TipsMe Platform. TipsMe’s lawful ground for this processing is the provision (or prospective provision) of services to you.
(b) Anonymous Data means data that is not associated with or linked to your Personal Data: data about the User session - the sequence of requests made by the Tip Payer during the use of the Service) obtained when accessing the Service using Internet statistical services (Yandex.Metrika, Google Analytics, Amplitude, etc.) for the purpose of collecting analytical data to improve and refine the Service. Anonymous Data (i.e. encrypted data) does not, by itself, permit the identification of individual persons.
(c) Communication Data includes any communications that you send to TipsMe, whether through the contact form on our website, via email, text message, social media messaging, social media posting or by any other means. TipsMe processes this data for the purposes of communicating with you. We also process it to keep records and to establish, pursue or defend legal claims. TipsMe’s lawful ground for this type of processing is our legitimate interest in replying to communications we receive, keeping records, and establishing, pursuing or defending legal claims.
(d) Usage Data includes data about how you use the TipsMe Platform together with any data that you post on the TipsMe Platform, including any reviews. TipsMe processes this data to operate the TipsMe Platform and to make sure that appropriate content is provided to you. TipsMe also processes this date to ensure the security of the TipsMe Platform, to maintain back-ups of information and to enable the publication and administration of the TipsMe Platform. TipsMe’s lawful ground for such processing is our legitimate interest in enabling the proper administer of the TipsMe Platform and our business.
(e) Technical Data includes data about your use of the TipsMe Platform, and includes:
- your IP address, log-in details, and browser details;
- the duration, number and frequency of your visits to TipsMe Website pages and the TipsMe App, and your page views and navigation paths; and
- time zone settings and other details regarding the devices with which you access the TipsMe Platform.
This Technical data is produced by an analytics tracking system. TipsMe processes this data to analyse your use of the TipsMe Platform, to administer the TipsMe Platform and our business, to deliver website content and advertisements to you, and to analyse the effectiveness of our advertising. TipsMe’s lawful ground for processing this type of data is our legitimate interests to enable the proper administration of the TipsMe Platform and to develop our business and marketing strategies.
(f) Please note that: TIPSME DOES NOT COLLECT ANY SENSITIVE DATA ABOUT YOU. Sensitive Data is data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, membership in trade unions, and health, or genetic and biometric data.
(g) Information which may be further required from you: We may need to request specific information from you to help us to confirm and verify your identity, so as to ensure that your rights to access your Personal Data or to exercise any of your other rights, as determined by contract, the law or otherwise. This is a security measure to ensure that Personal Data is not disclosed to any authorised person, who has no right to receive it. We may also contact you to ask you for further information in relation to your request, in order to speed up our response to any request received from you, when you exercise your rights.
2.2 If you fail, neglect and/or refuse to provide us with your Personal Data: Where we need to collect Personal Data by law, or under TipsMe’s Terms and Conditions, in contracting with you and if you fail to provide that data when requested, we may not be able to perform the services. In this case, TipsMe shall have the right to discontinue the User Services and/or may close your User account, however, we will notify you if this is the case at the time.
2.3 Be advised that in usage of our Platform, you consent to the following:
- We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, date of birth, government issued identification, (including but not limited to address, employment, city name, etc.)
- We may collect financial information, including, without limitation, financial statements, digital wallet account, information concerning the entitlement to tips, employment status, working hours, information related to the payment of tips owing to you or paid to you.
- We may also collect other Personal Data supplied by third-party entities (including Governmental authorised or mandated entities) and service providers/agents in the outsourcing of services, including, but not limited to third party identity verification services.
- If you tell us where you are (i.e. by allowing any of your devices, mobile device or computer to send us your geo-location), we may store that information.
- Certain services, such as two-factor authentication may require collection, use, processing, transfer and storage of your phone number and possibly other data. We may associate that phone number to your mobile device identification information.
- If you provide us feedback or contact us, we will collect your name and e-mail address, as well as any other content included in form in which it was received (i.e. the details and content of an email), in order to send you a reply or in to contact you.
- We also collect other types of Personal Data that you voluntarily provide to us when contacting us – i.e. in seeking support services via email, or calling us via the contact center, support chat room, or other information provided to support services staff.
- We may collect other data, including but not limited to referral Uniform Resource Locators (URLs), your location and analytics information related to the usage of our Facilities.
- Some information is collected automatically by our Platform, including, but not limited to our websites, application, platform, networks and servers:
• Our servers (which may be hosted by a third-party service provider) collect information from you automatically, including your browser type, Internet service provider (ISP), referring/exit pages, operating system, Internet Protocol (IP) address, domain name, and/or a date and time stamp for your visit to our Facilities, as well as clickstream data.
• We use Cookies to collect information. Cookies are selected pieces of information that a website or platform (included as our facilities) sends to your device or computer’s hard drive, while you are viewing or using our Platform. For more information, please see our Cookie Policy at Article 8.
• We retain information on your behalf, including tips payers data, transactional data and other session data, linked to your User account.
2.4 TipsMe will only use your Personal Data for the purpose for which it was originally collected or, if necessary, if the purpose of Processing is similar or close to the purpose for which such data is collected. If TipsMe is required to use your Personal Data for a new and unrelated new purpose, TipsMe will inform you of the grounds for this use.
2.5 TipsMe may collect data about you when you provide the data directly to us (for example, by completing a form on the TipsMe Platform, by opening an account, by sending us emails or messages, or by providing us with feedback).
TipsMe may receive data about you from third parties such as analytics providers, advertising networks and search information providers based outside of the UAE, and from providers of payment and technical services.
2.6 Data Retention. TipsMe adheres to all applicable legislative provisions and Data Protection laws of UAE; hence TipsMe shall retain and store a written Record of Processing Activities (“ROPA”) of how it processes all User specific data as recommended by the regulations. Such a ROPA shall include the purpose of our processing, what data types we process, the different parties who are recipients of such Personal Data, time limits of retention of Personal Data and a description of our security measures. Should any further information be required, please contact us at support@tipsme.ae
2.7 Data protection impact assessment. In adhering to all applicable legislative provisions and data protection laws of UAE, TipsMe may carry out an assessment of the impact of the proposed processing operations on the protection of User Personal Data, considering the risks to your rights (“DPIA”). In accounting for the protection of commercial interests we shall seek a User’s input on the intended processing, if and where applicable. The outcome of such DPIA’s may result in the alteration and update of this Privacy Policy, at which point, we shall notify you. Should any further information be required, please contact us at support@tipsme.ae
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3. DATA SUBJECT RIGHTS
3.1 Under data protection laws you have rights in relation to your Personal Data, including the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
More information about these rights is available at Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (United Arab Emirates)
If you wish to exercise any of your rights, please email TipsMe at the email address set out in Section 1 above.
3.2 You will not be charged any fee to access your Personal Data (or to exercise any of the other rights). However, TipsMe may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. TipsMe may also refuse to comply with your request in these circumstances.
3.3 TipsMe endeavours to respond to all legitimate requests without undue delay and within one (1) month calendar of receipt of any request from you. Occasionally it may take us longer than one (1) month if your request is particularly complex, or if you have made duplicated or numerous requests, but it shall in no scenario take us more than three (3) calendar months to respond to your legitimate data access requests. In this case, we will notify you of receipt of such request(s) and keep you updated as to the status of progress concerning such request(s).
4. DISCLOSURES OF YOUR PERSONAL DATA
4.1 We may share your Personal Data in accordance with this Privacy Policy, for the purposes described in Section 2, or as required or authorized by applicable law. Your Personal Data may be shared:
(a) with non-affiliated third parties to perform services for or functions on TipsMe’s behalf such as marketing our products or services, performing payment transactions or maintaining or improving our services or administering our working relationship with you, provided we have an applicable written agreement with the non-affiliated third party. Examples would include entities such as security providers, analytics or research companies, identity verification or fraud prevention companies, payment card associations, payment networks, payment processors, and other entities needed to facilitate our delivery of our services to you;
(b) with professional service providers and advisors who perform functions on our behalf, such as lawyers, accountants and auditors;
(c) with government regulatory authorities and other organizations (such as the police, tax authorities, or other law enforcement agents) as requested by such authorities and organizations or as required or authorized by law or other regulatory requirements in jurisdictions in which we operate;
(d) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of our business;
(f) in the future with affiliates and non-affiliated third parties in connection with a marketing campaign for their products or services from which you will have the right to opt out;
(g) as we deem reasonably necessary to protect our services, comply with applicable laws, rules and regulations, and to protect us, our services and the public from fraud, harm, security breaches, and other potentially prohibited or illegal activity; and
(h) with affiliates for the purposes described herein.
4.2 In the case of Data Subject using the TipsMe Platform to connect to a Payment Processor to receive payments of tips via such Payment Processor, TipsMe may be required to share Personal Data with your employer or accountants and other professionals working on your employer's behalf for the purposes of:
- verifying your employment; and
- enabling such persons to operate tips procedures. TipsMe may also share Personal Data with such employers for the purposes of implementing schemes for the pooling of tips.
4.3 TipsMe’s Platform or communications may contain links to other third-party websites which are not owned or operated by TipsMe and too, which are regulated by their own privacy policies. If you click on a third-party link, you will be directed to that third party’s site. TipsMe strongly advises you to review the privacy policy of every site you visit. TipsMe is not responsible for the privacy policies of these third-party websites, regardless as to whether they were accessed using the links from our facilities. TipsMe has no control over and assumes no liability for the content, privacy policies or practices of any third-party sites or services.
4.4 TipsMe specifically herein mandates that you, as the User (as per this Privacy Policy) to visit, familiarize, understand the below entity policies, being partners of TipsMe in providing services under the facilities to you, however – even if not done as mandated herein, you as the User accepts that through the application for the creation of a User account, the terms of their individual privacy policies, cookies policies, as well as terms and conditions, as third-party service providers to TipsMe (albeit, not to be construed as a closed list) and too which should include all third party vendors:
PayIT: https://payit.ae/privacypolicy/
Stripe: https://stripe.com/privacy
Be advised: Other than as stated in this Privacy Policy, TipsMe does not disclose any of your personal information to any third parties, unless required to do so by law enforcement, court order, or in compliance with legal reporting obligations.
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5. DATA STORAGE AND SECURITY
5.1 The security of your Personal Data is important to us. We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and after it is received. Any of your information stored on our computer systems is protected by safeguards including physical, technical (data encryption) and procedural methods. No method of transmission over the internet or electronic storage is completely secure. Consequently, we cannot guarantee 100% security.
5.2 While you are a user of TipsMe’s Platform and thereafter, we will store your Personal Data only for as long as is reasonably necessary, taking into consideration our relationship with you, our service providers’ relationships with you, the purposes stated in this Privacy Policy, our need to resolve disputes or claims or assist with investigations, and our need to respond to requests for such information from government regulatory authorities and other organizations, or otherwise comply with legal and regulatory requirements under applicable law.
5.3 User Personal Data is stored and transferred in compliance with the applicable legislation or regulations of UAE.
We store and process your Personal Data in data centers located UAE, and we comply with the data protection regulations of these jurisdiction insofar as they apply to TipsMe.
5.4 If TipsMe transfers your data to third parties outside of the UAE, we will ensure that certain safeguards are in place of security for your Personal Data. Therefore:
- TipsMe may transfer your Personal Data to countries that the European Commission have approved as providing an adequate level of protection for Personal Data; or
- Where TipsMe uses certain service providers who are established outside of the UAE, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give Personal Data the same protection it has in Europe.
If none of the above safeguards is available, TipsMe may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.
Please contact us at support@tipsme.ae if you want further information on the specific mechanism used by us when transferring your Personal Data.
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6. HOW TO UPDATE YOUR PERSONAL DATA
6.1 Whenever possible, you can update your Personal Data directly within your User account settings section, subject to verification by TipsMe. If you are unable to change your Personal Data, please contact us to make the required changes.
6.2 If you wish for TipsMe to update your information, please contact us in making such a request.
6.3 We will retain your information for as long as may be needed to provide you access to your User account and or Services of TipsMe, or for a reasonable period after you close your User account with TipsMe.
6.4 If you wish to close your User account, you can do so from your User account setting session or you can contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our Terms and Conditions.
7. SECURITY PRECAUTION EXERCISED BY TIPSME FOR PROTECTION OF YOUR DATA
7.1 We take the protection of your personal information seriously and in so doing, we use industry-standard data encryption technology and have implemented restrictions related to the storage of and the ability to access your personal information.
7.2 All your personal information and sensitive data is stored in servers located within the country.
7.3 TipsMe’s Platform are scanned on a regular basis for security holes and known vulnerabilities, in order to best ensure its security.
7.4 Your Personal Data is contained behind secured networks and is only accessible by a limited number of individuals who have special access rights to such systems and are required to keep the information confidential.
7.5 Please note that no transmission over the Internet or any method of electronic storage can be guaranteed to be absolutely 100% secure, however, our best endeavours will be made to secure data and the ability to access your personal information.
7.6 Without prejudice to our efforts on protection of your Personal Data, nothing contained in this Privacy Policy constitutes a warranty of security of the facilities, and you agree to transmit data at your own risk. Please note, that TipsMe and the facilities do not guarantee that your data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
7.7 We would like to draw your attention on the fact that TipsMe will never send you email or SMS or call you to ask for financial or payment information, such as your credit card number, passcode, User account number or pin number, in an e-mail, text or any other communication that we send to you. Please, always check that any website on which you are asked for financial or payment information in relation to our reservations or services is in fact legitimately owned or operated by TipsMe. The risk of impersonating hackers exists and should be taken into account when using our Platform.
7.8 If you do receive any suspicious communication of any kind or request, do not provide your information and report it us by contacting our offices immediately. Please also immediately notify us if you become aware of any unauthorised access to or use of your User account.
7.9 Since we cannot guarantee against any loss, misuse, unauthorised acquisition, or alteration of your data, please accept that you play a vital role in protecting your own Personal Data, including the adoption of sufficient safety measures such as your choosing of an appropriate password of sufficient length and complexity and to not reveal this password to any third-parties.
7.10 Furthermore, we cannot ensure or warrant the security or confidentiality of information you transmit to us, or receive from us by Internet or wireless connection, including: email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. You can contact us if you have reason to believe that your data is no longer secure.
7.11 Lastly, please note that should the security of your Personal Data be breached and the security of your rights be at high risk, we shall promptly and immediately communicate to you the nature of the breach which has taken place, the likely consequences of such a breach and shall describe thoroughly the measures we have implemented to address the breach and to mitigate any and all adverse effects to you and your rights. In the unlikely event of a breach occurring, please reach out to our DPO at support@tipsme.ae for further information and for further advise on how to mitigate the potential adverse effects of such a breach.
8. COOKIE POLICY
8.1 You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the TipsMe Platform may become inaccessible or not function properly.
8.2 What is a Cookie
8.2.1 A “Cookie” is a small piece of encrypted text saved on the browser or hard drive in your computer or mobile device when you visit a website. Cookies are selected pieces of information that a websites or platform (included as our facilities) sends to your device or computer’s hard drive, while you are viewing or using our Facilities, as permissioned. It allows us to recognise you and make your next visit easier and the experience of the TipsMe Platform more useful to you. Cookies can be stored for varying lengths of time on your browser or device.
8.2.2 We use both session/transient Cookies (which expire once you close your device web browser) and persistent Cookies (which stay on your computer until you delete them) to collect information in order to provide you with a more personal and interactive experience in using our Platform. This type of information is collected to make our Platform more useful to you and to tailor the experience with us to meet your special interests and needs. Cookies work to make your experience browsing our sites as smooth as possible and they remember your preferences, so you don’t have to insert your details again and again.
8.2.3 Be advised that: The cookie file is set on a particular browser on a particular device, so when you use a different device, that cookie will not exist.
8.2.4 Cookies cannot be used to obtain data from your hard drive, get your e-mail address or steal sensitive or personal information about you and computer viruses are not passed through the setting or use of cookies. The only way that any private information could be part of your Cookie file would be if you personally gave that information to a web server. Also, each Cookie can only be read by the server that set it, so strange servers cannot view or steal the information in a cookie that you have previously accepted.
8.3 How TipsMe uses Cookies?
When you use and access the TipsMe Platform, we may place a number of Cookies on your device’s web browser. We use Cookies to enable certain functions of the websites i.e. to provide analytics, to prevent fraudulent or illegal activity, to store your preferences, to enable advertisements delivery, including behavioral advertising. We also use Cookies to enhance your browsing experience by:
- Recognizing when you log in and any preferred settings.
- Giving you a browsing experience that is unique to you and to serve you content which we believe improves your sites experience.
Analysing how you use our Facilities which helps us to troubleshoot any problems and to monitor our own performance.
8.4. What Cookies do we use?
TipsMe uses the following four type of cookies,
Essential Cookies: are essential to let you move around the websites or mobile application and use its features, such as accessing secure areas of the Facilities. These Cookies allow our mobile application to provide services at your request. TipsMe uses essential Cookies to authenticate users and prevent fraudulent use of User accounts.
Performance Cookies: may be used to collect information about how you use YAP, for instance, which pages you visit most often, and if you experience any error messages. They also allow us to update our websites and mobile application to improve performance and tailor it to your preferences. These Cookies do not collect any information that could identify you – all the information collected is anonymous.
Functionality Cookies: are used to remember the choices you make, e.g. your username, log in details and language preferences. They also remember any customizations you make to give you enhanced, more personal features of your TipsMe experience.
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9. Contacting Us
If you have any questions about our Privacy Policy as outlined above, or if you have any complaints, please contact us at support@tipsme.ae
The current version of the Policy can be found at: https://tipsme.ae/