GlobalTips Europe, UAB, a company established in Lithuania, legal entity code 305942984, registered address Lviv str. 25-104, LT-09320 Vilnius, Lithuania, telephone +48 575 805 406, email firstname.lastname@example.org ("Company” or “GlobalTips”) has developed an Application GlobalTips (“Application”) and a website (together both the Application and the website are referred to as the “Platform”) allowing the businesses and its employees to obtain non-cash gratuity through the GlobalTips service (“Service”) from the visitors.
In order to explain how to use our Platform we have drafted these Terms and Conditions (“T&C”). These T&C govern the use of the Platform, including, without limitation, the use of all content such as text, information, images, and audio, and the suite of services, integrated tools, programs, software, helpers and other related items that form part of the Platform.
Please read them carefully before using our Platform, because THESE T&C DESCRIBE YOUR RIGHTS AND OBLIGATIONS IN RELATION TO THE PLATFORM AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GLOBALTIPS.
These T&C apply to: (i) the business owner/administrator and (ii) to the employee (e.g., waiter, concierge, driver, host, etc.). Both the business and the employee are together referred to as the “user”.
This Platform is designed for use of individuals or a business administrator and its employees who provide services to the customers and are subject to tipping.
In order to use our Services:
The Service, subject to these T&C’s, provides the possibility to receive non-cash gratuity. Upon the visitor using the Service and leaving a gratuity, the individuals or employee of business administrator shall collect it in the Stripe account. Upon receipt of the payment, employee can choose to distribute the gratuity collected to members of group who also have an account with GlobalTips. Alternatively, the сollected payment can be transferred to the bank account of the employee.
The fee for GlobalTips Services may be charged either from the tip payer or from the business entity, which includes the business administrator or its employees. You may also incur charges from your bank for the receipt of the payment from GlobalTips, depending upon the plan with the banking services provider.
In addition to the aforementioned charges, there might be a monthly subscription payment for utilizing certain features of GlobalTips Services. The cost of this subscription can vary and clients are able to view the final price on the subscription link provided by GlobalTips.
As for tax obligations, please note that subscribing to our service is meant to provide a convenient tool for employees. It is important to understand that the business as a legal entity or the business administrator as an individual is not responsible for the tax obligations of the employees. The responsibility for any applicable taxes related to tips received lies solely with the employees. We advise employees to contact their local tax authority to obtain information on whether they are subject to such taxes, terms of payment, and any other relevant information. It is the responsibility of the individual employees to ensure they are in compliance with their respective tax obligations in due time and manner.
Subject to these T&C, GlobalTips provides the user with a limited, non-exclusive, non-transferable license to install access and use the Platform. The user may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export or transfer or permit others to use the Platform, technology, or other information, including any printed materials thereof, derivatives or otherwise modify it. This license will terminate automatically if the user does not comply with these T&C. The user may not use, download or export the Platform in violation of any applicable laws or regulations. The user agrees that he/she will not export or re-export the Platform in any way, in violation of the laws of the European Union or any other jurisdiction.
In order to use our Platform, the user will have to register. The user needs access to the World Wide Web, either directly or through devices that access web-based content, and that such access may not be available if the user does not have an internet connection or where the device is not able to connect to our servers for any other reason. The user acknowledges and agrees that by using the internet in order to get to the Platform, he/she may incur charges from the wireless carrier, internet service provider or other method of internet access, depending upon the specific contract or plan with the provider. The user acknowledges that payment of any such charges or any service fees associated with such access will be his/her sole responsibility. In addition, the user must provide all equipment necessary to make such a connection to the World Wide Web. The user agrees that the use of the Platform will be in accordance with all requirements of the particular wireless carrier, internet service provider or other method of internet access.
This Platform may contain, use or present information derived from third party sources. To the maximum extent permitted by applicable law, GlobalTips, and its respective employees or service providers are not responsible for errors or omissions or for any consequences from Platform of the information herein and make no warranty, expressed or implied, with respect to the completeness, usefulness, or accuracy of the contents of the Platform. To the maximum extent permitted by applicable law, GlobalTips makes no representation regarding the functions of the Platform when used with subsequent versions of that operating system, with other operating systems, or with other devices.
To the maximum extent permitted by applicable law, GlobalTips: (i) will have no obligation to provide the Platform to you or any other user, (ii) may change the form and nature of the Platform at any time with or without notice to you, (iii) will have no liability whatsoever to you or any third party for any failure of the Platform, (iv) may cease providing this Platform at any time with or without notice to you, however giving a reasonable time for you to withdraw the funds available.
GlobalTips does not represent or warrant that any future updates to the Platform will be compatible with any hardware or software versions or Platforms (including any future versions or updates of the user’s phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Platform.
These T&C may be updated by us at our sole discretion. We may send the user notice of such changes to the T&C. The user may choose to either accept the changes before they apply or to end the use of the Platform.
GlobalTips may provide the user of the Platform, at no additional cost, with updates which contain:
The evolution of internet-based services occasionally requires further development of services and their adaptation to new technical possibilities or changes in user behavior and demands or chances of the technical development of the environment/infrastructure. To the extent this does not adversely affect the user, we may provide the user of the Platform with updates, new software versions and releases that include technical adaptations or additional services, functions, links, integrate additional (module) services or redesign and recompile services, as well as change the name and appearance of the Platform. GlobalTips is not obliged to supply ENHANCEMENTS.
GlobalTips will provide the user with updates, including security updates that contain DEBUGGINGS which keep the Platform in conformity with the subjective or objective requirements including legal, regulatory and judicial requirements for the period of time during which the Platform is to be supplied to the user under these T&C. GlobalTips shall inform the user about the availability of updates with DEBUGGINGS and the consequences of the failure to install such updates, as well as provide the user with an installation instruction.
GlobalTips may provide the user with updates that contain MODIFICATIONS to the Platform beyond what is necessary to maintain conformity of the Platform. This applies particularly to any (partial) discontinuation of the Platform. GlobalTips may make MODIFICATIONS if and to the extent that (a) functions of the Platform or parts thereof are no longer used to an extent that justifies their maintenance and continued operation, (b) (new or amended) legal, regulatory or judicial requirements would require adjustments of Platform which would be economically unreasonable to GlobalTips, (c) changes in the technical conditions of Platform’s environment or infrastructure that are beyond GlobalTips's control and that complicate maintenance and continued operations of Platform to an extent which would be economically unreasonable to GlobalTips. GlobalTips shall inform the user of MODIFICATIONS. If the MODIFICATION negatively impacts the user’s access to or use of the Platform, and the impact is not only minor, the following applies to such information: GlobalTips shall inform the user via email at least four (4) weeks in advance of the features and time of the MODIFICATION and bring to user’s attention if it is possible for them to maintain without additional cost Platform without the MODIFICATION or if they have the right to terminate the contract with us.
The user understands and agrees that the Platform, to the maximum extent permitted by applicable law, is provided on an “AS IS” and "AS AVAILABLE" basis. To the maximum extent permitted by applicable law, GlobalTips does not make any warranty the Platform will meet user’s requirements or that use of the Platform will be uninterrupted, timely, secure or error free; nor does GlobalTips make any warranty as to the results that may be obtained from use of the Platform or the accuracy or reliability from use of the Platform or the accuracy or reliability of any information obtained through the Platform (including third party content) or that any defects in the Platform will be corrected. To the maximum extent permitted by applicable law, GlobalTips and its suppliers hereby disclaim all warranties of any kind, whether express, implied or statutory regarding the Platform, including any implied warranty of title, merchantability, fitness for a particular purpose or non-infringement of third party rights. The user understands and agrees that any material or data obtained through use of the Platform is at his/her own discretion and risk and that the user will be solely responsible for any damage to your equipment or computer system or loss of data that results from the download of any such content or material.
The user understands and agrees that GlobalTips and its respective employees or service providers, to the maximum extent permitted by applicable law, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, however caused and on any theory of liability, and even if advised of the possibility of such damage, including, without limitation, damages for personal injury, lost data, lost profits, or business interruption arising from or relating to: (i) your use of the Platform; (ii) the cost of procurement of substitute data, information or software; (iii) unauthorized access to or alteration of your transmission or data; (iv) use of the Platform in violation of the T&C; or (v) any other matter relating to the Platform or its use. Additionally, to the maximum extent permitted by applicable law, the user is solely responsible for any and all decisions regarding use of the Platform to input, store and/or transfer personal data.
(i) does or purports to limit or exempt us or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the applicable law does not allow such a limitation or exemption;
(ii) requires the user to assume risk or liability for the kind of liability or loss, to the extent that the applicable law does not allow such an assumption of risk or liability; or
(iii) limits or excludes any warranties or obligations which are implied into these T&C by the consumer protection acts, the EU General Data Protection Regulation or its equivalent (to the extent they are applicable) or to the extent that the applicable law does not allow them to be limited or excluded.
To the fullest extent permitted by applicable law, the user agrees to indemnify, defend and hold GlobalTips, its respective officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or allegedly arising out of the use of the Platform or any breach of these Terms and Conditions or violation of any rights of another.
The license is effective until terminated by the user or by GlobalTips, which may be done at any time. Upon termination the user shall cease to use and shall permanently remove or uninstall all copies of the Platform in its entirety. GlobalTips may terminate user’s rights under this license immediately if the user fails to comply with any term(s) of these T&C.
The user acknowledges that (a) the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) GlobalTips and/or third parties own and retain all right, title and interest in and to the Platform and software provided through or in conjunction with the Platform, including without limitation all intellectual property rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Platforms, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. The user agrees that he/she will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code or algorithms from the Platform, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Platform, (iii) use the Platform to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter GlobalTips or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platform. Ownership of all trademarks and the goodwill associated therewith remains with GlobalTips or in the case of licensed trademarks, the licensor.
The user agrees not to resell the Application/Platform or use of or access to the Platform. The user agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Platform.
The user may not assign or transfer his/her rights under this agreement without the prior written consent of GlobalTips. GlobalTips may assign all rights and liabilities under this agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent, provided that this is not to your detriment. Subject to the foregoing, this agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties. Any assignment contrary to this section shall be null and void.
The user hereby represents and warrants that he/she is legally bound by this agreement when he/she downloads, installs, and accesses and/ or uses the Platform.
These T&C are governed by and construed in accordance with the laws of the Republic of Lithuania. Any legal suit, action, or proceeding arising out of or related to these T&C or the rights granted hereunder will be instituted exclusively in the courts of Vilnius, Lithuania and, if permitted by applicable law, each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
GlobalTips is not liable for delay in the performance of its duties, obligations or responsibilities hereunder due to force majeure. A force majeure impediment is an unforeseen event which occurs after acceptance of orders, and which is beyond GlobalTips reasonable control, such as strikes, blockade, war, mobilization, natural disaster, refusal of license by government or other stipulations or restrictions by the authorities, internet service failures, delays or availability issues (including downtime or service outages) or any other similar or dissimilar cause beyond the control of GlobalTips. Notwithstanding the foregoing, a force majeure does not extinguish your obligations to pay the applicable fees (if any) hereunder.
If the user requires a signed version of the T&C, he/she may contact our sales representative using the contact details provided at the beginning of these T&C.