Terms & Conditions
© 2022 Tipsme. All rights reserved.
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.
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.
4. LICENSED ACCESS TO 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.
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.
The maximum value of tip is 500 AED.
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. Visa or MasterCard debit and credit cards in AED will be accepted for payment. Cardholder must retain a copy of transaction records and Merchant policies and rules. 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).
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».
TipsMe Fees
TipsMe Fees (including VAT and any other taxes payable) are displayed in the Platform user interface when a tip is paid. Tipsme currently charges 9.9% excluding value added tax.
Key Fact Statement: https://www.tipsme.ae/keyfacts
Processor Fees
TipsMe currently uses PayBy and Botim as Online tipping Processors. Their fee structures are available at:
Each Tip payer agrees, understands and acknowledges that TipsMe engages Online tipping Processors to facilitate processing of payments, including PayBy and Botim. 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.
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)
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.
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).
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
When receiving or cashing out TipsMe, the requirements and instructions of the Third Party that provided the payment system for the transfer must be followed. The Third Party will also determine the timing of receipt and withdrawal.
The minimum withdrawal amount is 100 AED.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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. We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.
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.
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.
MENU PLATFORM TERMS OF SERVICE
The following terms and conditions (these «Terms of Service» or «Terms»), governs Members access to and use of our Platform, including any content, functionality and services offered on or through http://www.tipsme.ae or the TipsMe application (the «Platform») by TIPSME COMPUTER SOFTWARE TRADING COMPANY («TipsMe»«we» «us» «our»).
Please read the Terms of Use carefully before Members start to use the Platform. By using the Platform, Members accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If Members do not want to agree to these Terms of Use or the Privacy Policy, Members must not access or use the Platform.
Terms and definitions
Personal account is an individual page of a Merchant in TipsMe Menu.
QR-tag is a QR code (two-dimensional barcode) reflected on a tangible medium that is used to access the TipsMe information service by the User.
The TipsMe Menu service is an information system, part of the TipsMe Platform, accessed through the use of a QR tag, which enables (including but not limited to) the User to view an electronic version of the menu and Merchant offers.
TipsMe Menu Service Agreement - the agreement entered into between TipsMe and the Merchant.
1. Use of Our Services
TipsMe Menu provides Merchant’s Visitors («Guest(s)») with the ability to view an electronic version of the menu, Merchant offers and place an order (feature under development). Guest and Merchant may collectively be called as «Members». All commercial/contractual terms are offered by and agreed to between Guests and Merchants alone. The commercial/contractual terms include without limitation price, taxes, payment methods, payment terms, date, period and mode of delivery and warranties related to products and services. TipsMe does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Guests and Merchants.
TipsMe does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Guests are advised to independently verify the bona fides of any particular Merchant and use their best judgment on that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. TipsMe takes no responsibility for such offers.
TipsMe is not responsible for any non-performance or breach of any contract entered into between Guests and Merchants through the Platform. TipsMe cannot and does not guarantee that the concerned Guests and/or Merchants will perform any transaction concluded on the Platform. TipsMe is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
TipsMe is operating Platform and assumes the role of facilitator, and does not at any point of time during any transaction between Guest and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall TipsMe hold any right, title or interest over the products nor shall TipsMe have any obligations or liabilities in respect of such contract entered into between Guest and Merchant.
TipsMe is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Guest. In case of complaints from the Guest pertaining to food efficacy, quality, or any other issues with any item ordered or purchased, Guest shall communicate the same to the Merchant. The Merchant shall be liable for redressing Guest complaints.
2. Modification or Changes to the Terms of Service
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to Members. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between TipsMe and Members. Members should look at the Terms regularly.
As long as Members comply with these Terms of Service, TipsMe grants Members a personal, non-exclusive, non-transferable, limited licence to access, enter, and use the Platform.
3. Account Registration, and Other Members Representations and Warranties
To access Our services, Guests will scan the QR Code. As a Guest, Members represent and warrant that Members are over the age of eighteen (18) years and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
Access to the TipsMe Menu Service is available to the Merchant after authorization using the Merchant's login and password, which are provided by TipsMe to the Merchant after the conclusion of the TipsMe Menu Service Agreement.
The Merchant is solely responsible for the safety and confidentiality of the registration data (login and password) for access to the TipsMe Menu Service. All actions performed in relation to the placement of materials for the electronic menu using the TipsMe Service using the login and password of the Merchant, are deemed to be performed by the Merchant. The Merchant is solely liable to third parties for all actions performed using the Merchant's login and password.
TipsMe has the right to refuse to conclude the Agreement with the Merchant at any stage of negotiations, if the Merchant does not meet the integrity and trustworthiness criteria established by TipsMe. TipsMe has the right not to disclose to the Merchant the reasons why TipsMe classifies the Merchant among the counterparties that do not meet the criteria of integrity and trustworthiness.
4. Rights and Obligations of TipsMe
• TipsMe will attempt to continuously innovate in order to provide the best possible services to its Guest(s). Members acknowledge and agree that the form and nature of the services provided by TipsMe may change from time to time without any prior notice.
• Merchant acknowledge and agree that TipsMe may stop (permanently or temporarily) providing the services (or any features within the Services) to Merchant at its sole discretion.
• Merchant acknowledge and agree that if TipsMe disables access to Merchant account or login route, Merchant may be prevented from accessing the services, Merchant account details or any files or other content which is contained in Merchant account.
• Merchant acknowledge and agree that while TipsMe may not currently limit Merchant use of the Platform in any way, it may do so if that use hinders with the ability of TipsMe to carry on its operations or the ability of Guest to use the offering.
• TipsMe shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.Merchant account details or any files or other content which is contained in Merchant account.
5. Rights and Obligations of Members.
• Members agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
• Members agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by TipsMe unless Members have been specifically allowed to do so in a separate agreement. Members specifically agree not to access (or attempt to access) any of the Services through any automated means, including but not limited to the use of scripts and web crawlers.
• Members agree that Members will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
• Members agree that Members are solely responsible for (and that TipsMe has no responsibility to Members or to any third party for) any breach of Members obligations under the Terms and for the consequences (including any loss or damage which TipsMe may suffer) of any such breach.
• Merchant agree that they will not use another person’s Account, to misrepresent themself, their identity or qualifications or transactions.
• Members agree that Members will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party platform.
• Members agree that Members will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm TipsMe or Members; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
• Members agree that Members will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any law of the Country of the Member.
• Members agree that Members will not violate any TipsMe policies that govern or relate to Members use of the Platform and interactions with Members and third parties.
• Members agree that Members will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by TipsMe and which relate to Merchants.
• Members agree that Members will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform.
6. Merchant Content
All content, information, products, materials and services included or available to the Guest on the Platform are offered on an “as is” basis. TipsMe makes no warranties or representations of any kind, implied or expressed, as to the operation of any of the content, information, materials, services or products included and available to the Guest. Guest understands and acknowledges that the content of data supplied through the Platform is entirely the responsibility of the Merchant. Merchant contents including menu, pictures of their meals/dishes is respected and will not be shared by TipsMe without their express permission. We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Platform or to Member Content that We consider to be a violation of these Terms, TipsMe policies and procedures, We consider harmful to the Platform, to TipsMe or to any other Guest or third party or which We consider to be otherwise objectionable or for any other reason.
7 Subscriptions.
Some parts of the Service are payable by subscription («Subscription(s)»). The Merchant will be billed in advance on a recurring and periodic basis («Billing Cycle»). Billing Cycles are set on a monthly, quarterly or annual basis, depending on the type of subscription plan selected by Merchant when purchasing the Subscription (вставить ссылку натарифы).
At the end of each Billing Cycle, the Subscription will automatically renew on exactly the same terms, unless the Merchant or TipsMe cancels it. Subscription renewal may be cancelled either via the Merchant's personal account or by contacting TipsMe customer service.
[5] Any failure to pay, late payment or partial payment of the amount due will result in the blocking of access to the Merchant's personal account as well as to the electronic menus associated with the account. TipsMe has the right, at its discretion, to deactivate the Merchant's personal account if it has been blocked for 90 days.
8. Free trial
TipsMe may, at its sole discretion, offer a Free Trial Subscription for a limited period of time («Free Trial»). A Free Trial Subscription is a one-off introductory offer for new clients (Merchants) on initial subscription.
To subscribe to the Free Trial, the Merchant may be required to enter billing information. If the Merchant enters its billing information when subscribing to the Free Trial, TipsMe will not charge the Merchant until the expiry of the Free Trial. On the last day of the Free Trial Period, unless the Merchant has cancelled the subscription, the Merchant will automatically be charged the relevant subscription fee for the type of subscription chosen by the Merchant.
No Free Trial Period will be granted upon re-subscription.
At any time and without notice, TipsMe reserves the right to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.
9. Price changes
TipsMe may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid) and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the TipsMe Menu Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
10. Cancellation policy
The Merchant may cancel the TipsMe Menu subscription at any time, whereby the Merchant will retain access to the TipsMe Menu service until the end of the billing period. Where permitted by applicable law, payments will not be refunded and we will not provide a refund or transfer of funds for any partially unused TipsME subscription periods. To cancel your subscription, please contact TipsMe Support:support@tipsme.ae. If a Merchant cancels their subscription, their account will be automatically closed at the end of the current billing period.
11. Representations and Warranties for Payment
As set forth above, except where we otherwise specifically agree in writing, TipsMe does not own, create, sell, offer, resell, provide, control, manage, buy, offer to buy, bring, or offer to bring or supply any Goods or services or any other tangible or intangible thing that Members may discuss with another Guest. When Members make or accept an offer to transact, they are entering into a contract with each other, and even though TipsMe may act as a limited service providing Platform, it is not a party to any agreement discussed or entered into between Members. TipsMe may restrict the availability of payment services, or any aspect or feature of payment services, to perform maintenance of systems to help ensure the proper functioning of the system or to improve, enhance, modify, suspend or terminate any payment service, or to introduce new or additional services at any time, including through additional third parties. The payment-related services may contain links to certain third-party platforms, applications, services or resources («Third Party Services»). Any such Third Party Services are subject to different terms or conditions and privacy practices created or controlled by third party providers and not TipsMe, and Guest(s) should review them carefully and independently. TipsMe is not responsible for or liable for the availability, accuracy, reliability or anything related to Third Party Services, including the content thereon. Links or other access to information of Third Party Service providers shall not constitute an endorsement by TipsMe of such providers or their services.
12. Third Party Websites
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. TipsMe is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. TipsMe is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such websites. Under no circumstances shall TipsMe be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party websites should be directed to its respective platform administrator.
13. Intellectual Property
Members acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, Members agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws.
Except as provided below, TipsMe and its affiliates and licensors retain all right, title and interest in and to the Platform and the Services. Members may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the TipsMe’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of TipsMe. Members agree to use the Services only in accordance with these Terms of Use. Members agree not to disassemble, decompile or reverse-engineer any software or other component of the TipsMe Platform.
14. EXCLUSION OF WARRANTIES
MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT MEMBERS USE OF THE OFFERING IS AT MEMBERS SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON «AS IS» BASIS. IN PARTICULAR, TIPSME DOES NOT REPRESENT OR WARRANT TO MEMBERS THAT: (A) MEMBERS USE OF THE SERVICES WILL MEET MEMBERS REQUIREMENTS, (B) MEMBERS USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY MEMBERS AS A RESULT OF MEMBERS USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT MEMBERS OWN DISCRETION AND RISK AND TIPSME WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO MEMBERS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBERS FROM TIPSME OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
TIPSME FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, MEMBERS EXPRESSLY UNDERSTANDS AND AGREES THAT TIPSME PROVIDES THE SERVICES ON «AS IS”»BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. TIPSME AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICES WILL MEET MEMBERS EXPECTATIONS OR REQUIREMENTS.
MEMBERS ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS MEMBERS POST OR OTHERWISE COMMUNICATE USING THE SERVICES. TIPSME SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL TIPSME ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES.
16. Indemnification
TipsMe is not obligated to investigate, monitor, mediate or resolve any dispute Members may have with another Member of the Services, although we may undertake such action in our own discretion. In the event of a dispute with another Member of the Services, Members agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute Members may have with any other Member of the Services.
17. General Terms
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
18. Governing Law
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws in force in the Emirate of Dubai, United Arab Emirates.
The Parties irrevocably agree that the courts of Dubai shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation.
Members agree that any cause of action arising out of or relating to TipsMe’s Platform must commence within one (1) year after the cause of action arose.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.