Terms and Conditions for Payer

Important clauses

GlobalTips Europe, UAB, a company established in Lithuania, legal entity code 305942984, registered address Naugarduko g. 3-401, LT-03231, Vilnius, Lithuania, telephone +370 645 55157, email support@globaltips.io ("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 User to make payments through the GlobalTips service (“Service”) by scanning a QR code or following a payment link, including leaving a Tip, paying a Bill, or placing an Order.

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 User. By clicking ‘Pay’, ‘Tip’, ‘Confirm’, or otherwise proceeding with a payment action in the Platform, or by scanning the QR code that opens the payment page, the User accepts these T&C. If you disagree with the T&C and/or our Privacy Policy, please do not use the Platform.

This Platform is designed for use by Merchants and their employees who provide goods or services to customers and may receive Tips or other payments.

By using the Platform, the User confirms that they have reached the legal age under the laws of the country of service provision.

The Platform allows the User to:

  • leave a Tip;
  • pay a Bill or place an Order;
  • leave feedback.

Definitions

Platform – the GlobalTips mobile application and web payment page enabling Users to make payments and use related functionalities.

User – an individual using the Platform to make payments (Tips, Bills, Orders) or join Loyalty Programs.

Merchant – a legal entity or individual entrepreneur (e.g., restaurant, café, bakery, retail store or other business) that provides goods or services to Users and accepts payments through the Platform.

Tip – voluntary monetary amount transferred by the User to a Merchant’s employee through the Platform, not being payment for goods or services.

Bill – a payment request generated by a Merchant for goods or services provided to the User.

Order – goods or services selected by the User through the Platform and payable via the Platform.

Loyalty Program – promotional/bonus scheme established and managed by a Merchant, accessible via the Platform.

Payment Method – any payment instrument available on the Platform, including international methods (payment cards, ApplePay, GooglePay) and local methods available in the respective jurisdiction; the list depends on the country of service provision and on the methods supported by licensed PSPs.

Payment Service Providers (PSPs) – licensed financial institutions engaged by GlobalTips to technically support the initiation and execution of payment transactions made via the Platform. PSPs act on behalf of and under the responsibility of GlobalTips for the purpose of processing and settling payments between Users and Recipients. Currently, GlobalTips cooperates with Stripe Technology Europe and Fenige Sp. z o.o. as technical partners providing licensed payment infrastructure used by GlobalTips to perform payment services. These PSPs are engaged solely as technical facilitators and do not establish a direct contractual relationship with the User.

Payment Service Fee – remuneration charged by GlobalTips for the provision of payment initiation and execution services, including the processing, authorization, and settlement of transactions.

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1. Service

The Platform enables the User to leave a Tip, pay a Bill, or place an Order with a Merchant. Access is provided via QR codes or payment links generated by Merchants. Payments are made using available Payment Methods.

GlobalTips facilitates the initiation and execution of the payment transaction through licensed payment service providers acting under their own authorization. GlobalTips does not itself provide regulated payment services.
By confirming a payment, the User authorizes the licensed payment service provider to debit the respective payment instrument and transfer the funds to the Recipient (or Merchant) through the Platform.
GlobalTips is responsible for the correct execution of the payment transaction, including cases of failure, delay, or error in the transfer of funds.

The Merchant remains solely responsible for the content of the menu/offer, accuracy and execution of the Order, delivery/performance and quality of goods or services.

PAYMENT SERVICE FEE. WHERE APPLICABLE, GLOBALTIPS MAY CHARGE A PAYMENT SERVICE FEE FOR THE USE OF THE PLATFORM. THE EXACT AMOUNT WILL BE CLEARLY DISPLAYED TO THE USER PRIOR TO CONFIRMING THE PAYMENT. GLOBALTIPS MAY REVIEW AND AMEND FEES FROM TIME TO TIME; ANY CHANGE WILL APPLY PROSPECTIVELY AND WILL BE DISCLOSED WITHIN THE PAYMENT INTERFACE. 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

Loyalty Programs. Merchants may offer their own Loyalty Programs. The specific rules of each program are published within the Platform (on the respective Merchant’s page). By joining a Loyalty Program via the Platform, the User accepts the program’s rules and acknowledges that certain personal data (such as name and loyalty activity) may be shared with the respective Merchant for the purposes of administering the program.

The User may also choose to receive communications, including push notifications, directly from the Merchant. Such communications are under the sole responsibility of the Merchant, while GlobalTips only provides the technical channel for their delivery. The User may withdraw consent to receive such communications at any time via the Platform settings.

GlobalTips provides only technical access and is not responsible for the creation, management, accrual, redemption, or content of benefits and communications under Merchant programs. This does not affect the payment service operations provided by GlobalTips.

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2. Payment Responsibility

GlobalTips assumes full responsibility towards the User for the proper initiation, execution, and settlement of the payment transaction, in accordance with applicable EU and national payment services laws.

In case of an incorrectly executed or unauthorized transaction, GlobalTips shall immediately refund the User the full amount of the transaction and any related fees, without undue delay.

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3. License

Subject to these T&C, GlobalTips grants the User a limited, non-exclusive, non-transferable license to access and use the Platform solely for personal purposes. The User may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export, transfer, or permit others to use the Platform, its technology, or related information, including any printed materials, derivatives, or modifications thereof.

This license will terminate automatically if the User does not comply with these T&C. The User may not use the Platform in violation of any applicable laws or regulations.

Use of the Platform must also comply with applicable sanctions, anti-money laundering and counter-terrorist financing (AML/CFT) requirements, and card scheme rules.

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4. Access

In order to use the Platform, the User must have access to the World Wide Web, either directly or through devices that access web-based content. Such access may not be available if the User does not have an internet connection or if the device is unable to connect to GlobalTips’ servers for any reason.

The User acknowledges and agrees that by using the internet to access the Platform, charges may be incurred from the wireless carrier, internet service provider or other provider of internet access, depending upon the contractual arrangements of the User. Payment of any such charges or fees associated with such access remains the sole responsibility of the User.

The User must provide all equipment necessary to connect to the World Wide Web. The User further agrees that use of the Platform will comply with all requirements of the User’s wireless carrier, internet service provider, or other method of internet access.

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5. Disclaimer and notice

The Platform may contain, use, or present information derived from third-party sources. To the maximum extent permitted by applicable law, GlobalTips and its licensors, authors, editors, reviewers, contributors, and publishers are not responsible for errors or omissions, or for any consequences arising from the use of such information, and make no warranty, expressed or implied, regarding the completeness, usefulness, or accuracy of the contents provided through the Platform.

Application of such information in any particular situation remains the sole responsibility of the User. GlobalTips does not endorse and is not responsible for the accuracy, legality, or reliability of content obtained from third parties.

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6. Processing of data

Subject to the terms of the Privacy Policy (available as a separate document), by using the Platform, the User acknowledges that GlobalTips or persons acting on its behalf may process technical and device-related information (such as device, system, and Platform software data) in order to facilitate updates, support, and the provision of services.

GlobalTips or its partners may also collect and use information that identifies the User personally if the User chooses to provide such information (for example, by leaving feedback) or where required by law or legal process.

Service messages (such as payment confirmations or security alerts) may be sent without separate consent, as they are necessary for the performance of the contract.

Marketing communications (such as push notifications, emails, or other promotional messages) require the User’s explicit consent, which may be withdrawn at any time via the Platform settings or unsubscribe mechanisms provided.

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7. Changes and support

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.

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8. Links

Within the Platform, GlobalTips may provide links to external websites or online resources (each a "Linked Site"). To the maximum extent permitted by applicable law, GlobalTips does not endorse and is not responsible for any data, software, content, or services made available through non-GlobalTips websites or resources.

The User acknowledges and agrees that GlobalTips shall not be liable, directly or indirectly, for any damage or loss arising from the User’s use of or reliance on such external content. The User is required to make an independent judgment regarding interactions with any Linked Site and must review the applicable terms and conditions and privacy policies of such sites.

To the extent permitted by law, GlobalTips is not liable for any damages or loss that may result from the User’s registration for, or use of, any Linked Site.

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9. Disclaimer of warranties

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis, to the maximum extent permitted by applicable law. GlobalTips makes no warranty that the Platform will meet the User’s requirements, or that its operation will be uninterrupted, timely, secure, or error-free. GlobalTips further makes no warranty as to the results of using the Platform, the accuracy or reliability of information obtained through the Platform, or that defects will be corrected.

To the maximum extent permitted by applicable law, GlobalTips and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third-party rights.

The User acknowledges that any material or data obtained through use of the Platform is at the User’s sole risk, and that the User will be solely responsible for any damage to devices, systems, or data resulting from such use.

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10. Limitation of liability

To the maximum extent permitted by applicable law, GlobalTips and its licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, however caused and under any theory of liability, even if advised of the possibility of such damages. This includes, without limitation, damages for personal injury, loss of data, loss of profits, or business interruption, arising from or relating to:

  1. the User’s use of the Platform;
  2. the cost of procurement of substitute data, information, or software;
  3. unauthorized access to, or alteration of, transmissions or data;
  4. use of the Platform in violation of these T&C; or
  5. any other matter relating to the Platform or its use.

To the maximum extent permitted by law, the User is solely responsible for all decisions regarding the use of the Platform to input, store, and/or transfer personal data.

Nothing in these T&C (including the Privacy Policy) shall:

  1. limit or exclude liability for losses resulting from gross negligence or wilful misconduct, to the extent such limitation is not permitted by applicable law;
  2. require the User to assume risks or liabilities that cannot lawfully be imposed under applicable law; or
  3. limit or exclude any warranties, rights, or obligations that are implied into these T&C by consumer protection laws, the EU General Data Protection Regulation (GDPR), or equivalent laws, to the extent they cannot lawfully be limited or excluded.

GlobalTips shall not be liable for any content, offers, or communications provided by Merchants via the Platform, including messages in the Inbox, push notifications, or loyalty programs.

This limitation shall not apply to payment transactions for which GlobalTips remains liable under Sections 2 and 11.

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11. Liability for Payments

GlobalTips shall be liable towards the User for the execution of payment transactions in accordance with Article 52(2) of the Lithuanian Law on Payment Services.

In the event of non-execution, defective or delayed execution, GlobalTips shall, without undue delay, restore the debited account to the state in which it would have been if the defective payment had not taken place.

Any losses caused by unauthorized or incorrect payment transactions shall be borne by GlobalTips, unless the User acted fraudulently or with gross negligence.

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12. Indemnification

To the fullest extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless GlobalTips, its officers, employees, and suppliers from any claim, demand, liability, loss, or expense (including reasonable attorneys’ fees) made by a third party arising out of or in connection with:

  1. the User’s use of the Platform;
  2. any breach by the User of these T&C; or
  3. any violation by the User of the rights of another person or entity.

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13. Termination

The license granted under these T&C remains effective until terminated by the User or by GlobalTips. Either party may terminate at any time. Upon termination, the User must cease all use of the Platform.

GlobalTips may terminate the User’s rights under these T&C with immediate effect if the User fails to comply with any provision of these T&C or if such termination is required by applicable law, regulation, or card scheme/PSP requirements.

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14. Proprietary rights

The User acknowledges that the Platform contains proprietary and confidential information protected by applicable intellectual property and other laws. All rights, title, and interest in and to the Platform and any related software remain the exclusive property of GlobalTips and/or its licensors.

For purposes of these T&C, “Intellectual Property Rights” include all rights under patent, copyright, trade secret, trademark, unfair competition, and other proprietary rights, together with any applications, renewals, extensions, and restorations thereof worldwide.

The User agrees not to, and not to permit any third party to:

  1. copy, sell, license, distribute, transfer, modify, adapt, translate, create derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code or algorithms from the Platform;
  2. circumvent or defeat any security or content-usage rules deployed in the Platform (including digital rights management functionalities);
  3. use the Platform to access, copy, transfer, or retransmit content in violation of any law or third-party rights; or
  4. remove, obscure, or alter GlobalTips’ or any third party’s copyright notices, trademarks, or other proprietary rights notices appearing within or through the Platform.

Ownership of all trademarks and the goodwill associated therewith remains with GlobalTips or, in the case of licensed trademarks, with the applicable licensor.

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15. Assignment

The User may not assign or transfer any rights or obligations under these T&C without the prior written consent of GlobalTips.

GlobalTips may assign or transfer its rights and obligations under these T&C to a subsidiary, affiliate, or successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its business or assets, without the User’s consent, provided that such assignment does not materially prejudice the User’s rights.

Subject to the foregoing, these T&C shall inure to the benefit of and be binding upon the parties, their successors, and permitted assigns. Any assignment made in violation of this section shall be void.

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16. Customer agreement

By accessing or using the Platform, the User represents and warrants that they have the legal capacity to enter into binding agreements and that they are legally bound by these T&C.

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17. Governing law and jurisdiction

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.

In addition, the User may use Alternative Dispute Resolution (ADR) mechanisms and the EU Online Dispute Resolution (ODR) platform. Links to ADR/ODR are provided within the Platform’s legal section.

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18. Force majeure

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.

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