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 email@example.com ("Company” or “GlobalTips”) has developed an Application GlobalTips (“Application”) and a web payment page (together both the Application and the website are referred to as the “Platform”) allowing the customer to leave non-cash gratuity through the GlobalTips service (“Service”) by scanning a QR code.
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 the tip payer (hereinafter referred to as the “user”).
This Platform is designed for use of a business administrator and its employees who provide services to the customers and are subject to tipping.
The Service, subject to these T&C’s provide the possibility for you to leave non cash gratuity to the employees of a business (e.g. restaurant, hotel, gas station, etc.) which you have visited. By scanning the QR code available at the place of business you can access the Platform. Your tip payments can be done by using one of the following options: your bank card, ApplePay or GooglePay.
PLEASE NOTE THAT GLOBALTIPS CHARGES A SERVICE FEE FROM THE PAYER FOR USING THE SERVICE. THE SERVICE FEE SHALL BE VISIBLE TO YOU UPON MAKING THE PAYMENT. GLOBALTIPS FROM TIME TO TIME CAN REVIEW AND AMEND THE APPLICABLE SERVICE FEE. BEFORE MAKING THE PAYMENT, CAREFULLY REVIEW THE GRATUITY AMOUNT AS WELL AS APPLICABLE FEES. YOU MAY INCUR CHARGES FROM YOUR BANK CARD ISSUER OR YOUR BANK, DEPENDING UPON YOUR CONTRACT OR
Subject to these T&C, GlobalTips provides you with a limited, non-exclusive, non-transferable license to have access and use the Service solely for your personal use. You may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export or transfer or permit others to use the Service, technology or other information, including any printed materials thereof, derivatives or otherwise modify it. This license will terminate automatically if you do not comply with these T&C. You may not use the Service in violation of any applicable laws or regulations. You agree that you will not use the Service in any way, in violation of the laws of the European Union or any other jurisdiction.
In order to use our Services, you need 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 you do not have an internet connection or where your device is not able to connect to our servers for any other reason. You acknowledge and agree that by using the internet to use the Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges or any service fees associated with such access will be your sole responsibility. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web. You agree that your use of the Service will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.
This Service may contain, use or present information derived from third party sources. To the maximum extent permitted by applicable law, GlobalTips, and its respective licensors, authors, editors, reviewers, contributors and publishers are not responsible for errors or omissions or for any consequences from the Service of the information herein and make no warranty, expressed or implied, with respect to the completeness, usefulness, or accuracy of the contents of the Service. Applying this information in a particular situation remains the licensee's responsibility. GlobalTips does not endorse and is not responsible for the accuracy of the content from
To the maximum extent permitted by applicable law, GlobalTips: (i) will have no obligation to provide the Services to you or any other user, (ii) may change the form and nature of the Service 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 Service, (iv) may cease providing this Service at any time with or without notice to you. GlobalTips may choose to make changes to the Service from time to time in its sole discretion. To the extent that you choose to use such Service, you acknowledge that you will be bound by the version of this Agreement which is applicable as of the time you use such Service.
You understand and agree that the Service, 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 Service will meet your requirements or that use of the Service 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 Service or the accuracy or reliability from use of the Service or the accuracy or reliability of any information obtained through the Service or that any defects in the Service 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 Service, including any implied warranty of title, merchantability, fitness for a particular purpose or non-infringement of third party rights. You understand and agree that any material or data obtained through use of the Service is at your own discretion and risk and that you 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.
You understand and agree that GlobalTips and its respective licensors, 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 Service; (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 Services in violation of the T&C; or (v) any other matter relating to the Service or its use. Additionally, to the maximum extent permitted by applicable law, you are solely responsible for any and all decisions regarding use of the Service 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 you 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& 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, you agree 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 your use of the Application or any breach of these Terms and Conditions or violation of any rights of another.
The license is effective until terminated by you or by GlobalTips, which may be done at any time. Upon termination you shall cease to use the Service in its entirety. GlobalTips may terminate your rights under this license immediately if you fail to comply with any term(s) of these T&C.
You acknowledge that (a) the Service 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 Service and software provided through or in conjunction with the Service, 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 applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you 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 Application, 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 Application, (iii) use the Application 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 Service. Ownership of all trademarks and the goodwill associated therewith remains with GlobalTips or in the case of licensed trademarks, the licensor.
You may not assign or transfer your 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.
You hereby represent and warrant that you are legally bound by this Agreement when you access and/or use the Service.
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.