Terms and Conditions for Payers

Important clauses

GlobalTips Europe, UAB, a company established in Lithuania, legal entity code 305942984, registered address Naugarduko g. 3-401, LT-03231 Vilnius, Lithuania, email support@globaltips.io (“Company” or “GlobalTips”) has developed the GlobalTips mobile application and web payment functionality (together, the “Platform”). The Platform enables Users to make payments through GlobalTips-supported payment flows, including leaving a Tip, paying a Bill or paying for an Order by QR code or payment link and, where offered by a Merchant, making an in-person Contactless Payment through a Mobile Terminal operated by authorized Merchant Staff.

These Terms and Conditions (“T&C”) govern the User’s use of the Platform and describe GlobalTips’ role in supported payment transactions. Please read them carefully.

For QR, payment-link and other payment flows in which the User interacts directly with a GlobalTips payment interface, by clicking “Pay”, “Tip”, “Confirm” or otherwise proceeding with a payment action in that interface, the User accepts these T&C. If the User does not agree with these T&C and/or the GlobalTips Privacy Policy, the User should not continue with that payment flow.

For an in-person Contactless Payment through a Mobile Terminal operated by the Merchant or authorized Merchant Staff, presenting a supported Payment Method after the total payment amount has been displayed authorizes the payment transaction. Presenting a Payment Method does not, by itself, constitute acceptance of these T&C. Where the User has not accepted these T&C through a GlobalTips payment interface or otherwise expressly agreed to them, provisions that impose contractual obligations on the User apply only if and when such acceptance or agreement occurs. The provisions describing the transaction flow, GlobalTips’ role, payment status, applicable fees, data processing and third-party payment services remain informational for Mobile Terminal transactions and apply to the extent required or permitted by applicable law.

Where the User accepts these T&C through a GlobalTips payment interface or otherwise expressly agrees to them, the User confirms that they have the legal capacity required to enter into these T&C. For a Mobile Terminal payment, the User must have the legal capacity required under applicable law to authorize the payment transaction.

The Platform may allow the User to:

• leave a Tip;
• pay a Bill or pay for an Order;
• make a Contactless Payment through a Mobile Terminal;
• receive a digital payment confirmation or receipt where available;
• leave feedback; and
• join a Merchant Loyalty Program where offered.

Definitions

Platform - the GlobalTips mobile application, web payment page and related payment functionality made available by GlobalTips, including QR and Mobile Terminal functionality.

User / Payer - an individual making a payment or using other guest-facing functionality provided through the Platform.

Merchant - a legal entity or individual entrepreneur, for example a restaurant, cafe, bakery, retail store or other business, that supplies goods or services to the User and accepts payments through payment functionality supported by the Platform.

Merchant Staff - a person authorized by a Merchant to use the Platform on the Merchant’s behalf, including to present Bills or Orders and accept payments.

Recipient - an individual, for example a waiter or other service worker, for whose benefit a Tip may be made through the Platform.

Tip - a voluntary monetary amount transferred by the User for the benefit of a Recipient through the Platform and not being payment for goods or services.

Bill - a payment request generated by or for a Merchant for goods or services provided by the Merchant.

Order - goods or services selected by or for the User and payable to a Merchant through the Platform.

Loyalty Program - a promotional or bonus scheme established and managed by a Merchant and made accessible through the Platform.

Payment Method - a payment instrument supported for the relevant payment flow, including eligible payment cards, Apple Pay, Google Pay or other supported contactless or local payment methods. Availability depends on the country, device, Merchant and PSP.

Mobile Terminal - functionality within the GlobalTips mobile application that enables authorized Merchant Staff to use a compatible mobile device as a contactless payment acceptance interface, including Tap to Pay functionality where available.

Contactless Payment - a payment authorized by presenting a supported contactless payment card, phone, watch or other supported Payment Method to a Mobile Terminal.

Payment Service Provider (PSP) - a licensed payment service provider involved in processing payments made through the Platform, including Stripe where applicable. Stripe’s applicable legal and privacy terms are available at:

• Stripe Services Agreement
• Stripe Services Terms, including Stripe Terminal terms
• Stripe Privacy Policy

Service Fee - a fee charged by GlobalTips in connection with use of the Platform. Depending on the payment flow and applicable commercial arrangement, a Service Fee may be payable by the Merchant, the Recipient or the User. Where a Service Fee is payable by the User, it will be displayed before the payment is authorized.

1. Service

The Platform enables the User to leave a Tip, pay a Bill or pay for an Order using payment functionality made available by GlobalTips and the Merchant. Payment flows may include QR codes, payment links and Mobile Terminal Contactless Payments.

1.1 Bill and Order payments

A payment for a Bill or Order is a payment to the Merchant for goods or services supplied by the Merchant. GlobalTips provides technical payment infrastructure and facilitates processing through the applicable PSP. GlobalTips is not the seller or supplier of the Merchant’s goods or services.

The Merchant remains responsible for the content and pricing of its menu or offer, the accuracy of the Bill or Order, the supply, delivery, performance and quality of goods or services, and compliance with consumer-law obligations relating to the Merchant’s goods or services.

For a Bill or Order paid through a Mobile Terminal, any GlobalTips fee applicable to the Merchant is payable by the Merchant under its separate agreement with GlobalTips and is not charged to the User as a GlobalTips Service Fee.

For a Bill or Order paid through a QR code or payment link, the Service Fee may, depending on the Merchant’s commercial arrangement with GlobalTips, be payable by the Merchant or charged to the User. Any Service Fee payable by the User will be shown before payment authorization.

1.2 Tips

Tips are voluntary. The User may choose not to leave a Tip. Before authorizing a payment, the User should review the Tip amount, if any, and the total amount payable.

Where a Tip is made through the Mobile Terminal, the Tip is a voluntary payment for the benefit of the selected Recipient and is processed through the applicable PSP. The Tip is credited to the Recipient’s PSP account in accordance with the applicable payment arrangements.

For a Tip made through the Mobile Terminal, a Service Fee may be charged to the User or borne by the Recipient. Where a Service Fee is charged to the User, it will be shown before payment authorization.

For other Tip payment flows, the allocation of a Service Fee depends on the applicable commercial arrangement. Any Service Fee charged to the User will be shown before payment authorization.

1.3 Mobile Terminal payments

Where available, the Merchant may accept a Contactless Payment through a Mobile Terminal operated by authorized Merchant Staff. Before the User presents a Payment Method, the total payment amount must be displayed to the User.

A payment is completed only when the payment flow indicates that the transaction has been successfully authorized or completed. Presenting a card, phone, watch or other Payment Method to the Mobile Terminal does not by itself guarantee that the transaction has succeeded.

If a payment is declined, interrupted or its status cannot be confirmed, the User may be asked to use another Payment Method or to repeat the payment only after the Merchant has verified that the previous attempt was not successfully completed.

1.4 Digital payment confirmation or payment receipt

Following a successful payment, the User may be offered a digital payment confirmation or payment receipt. Depending on the available functionality, the User may access it by scanning a QR code, opening a link or voluntarily providing an email address. A payment receipt provided through the Platform does not replace any fiscal receipt, invoice or other document that the Merchant is required to issue under applicable law.

Providing an email address solely for a payment receipt or payment confirmation does not constitute consent to receive marketing communications.

1.5 Refunds, reversals, chargebacks and payment disputes

Subject to mandatory law and the Merchant’s separate agreement with GlobalTips, refunds, reversals and chargebacks for goods or services are deducted from the Merchant, and those for Tips from the relevant Recipients. GlobalTips refunds its Service Fees at its own expense. This applies to QR and Mobile Terminal transactions.

GlobalTips does not determine whether the User is entitled to a refund for goods or services supplied by the Merchant. The User should contact the Merchant regarding a refund or issue relating to the Merchant’s goods or services.

Nothing in these T&C limits mandatory consumer rights or rights that the User may have through the User’s card issuer, bank or other payment service provider.

1.6 Loyalty Programs

Merchants may offer their own Loyalty Programs. The specific rules of a Loyalty Program may be published within the Platform on the relevant Merchant page. By joining a Loyalty Program, the User accepts the Merchant’s applicable program rules and acknowledges that relevant personal data may be shared with the Merchant to administer the program.

GlobalTips provides the technical functionality for such programs and is not responsible for the Merchant’s creation, management, accrual, redemption or content of Loyalty Program benefits or Merchant communications.

2. License

For payment flows in which the User directly accesses a GlobalTips interface and accepts these T&C, GlobalTips grants the User a limited, non-exclusive, non-transferable license to access and use guest-facing Platform functionality for personal purposes.

The User may not rent, lease, sell, sublicense, assign, disassemble, modify, lend, distribute, export, transfer or permit unauthorized persons to use the Platform or its technology, except where applicable law permits otherwise.

Use of the Platform must comply with applicable laws, sanctions, AML/CFT requirements and card-scheme rules.

3. Access

The User must have the technical means required for the relevant payment flow. QR and web payment flows require internet access on the User’s device. A Mobile Terminal Contactless Payment requires a supported contactless Payment Method and a compatible Merchant device.

The User may incur charges from their telecommunications provider, card issuer, bank or other service provider depending on the User’s own contract or plan. Such third-party charges are not GlobalTips Service Fees.

4. Disclaimer and notice

The Platform may contain or present information derived from third-party sources. To the maximum extent permitted by applicable law, GlobalTips is not responsible for errors or omissions in third-party content or for consequences arising solely from reliance on such content.

GlobalTips does not guarantee that every payment method, device, network, Mobile Terminal, integration or third-party service will be continuously available or error-free.

5. Processing of data

Personal data is processed in accordance with the GlobalTips Privacy Policy.

Payment transactions are processed with the involvement of PSPs, including Stripe where applicable. Depending on the relevant payment flow and legal role, Stripe may process personal data as a controller and/or processor in accordance with the Stripe Privacy Policy.

For Contactless Payments, sensitive payment credentials are handled through the applicable payment technology and PSP. Merchant Staff do not receive the User’s full card credentials through the GlobalTips Platform. GlobalTips may receive limited payment-related information necessary to operate the Service, such as transaction identifiers, payment status, card brand, masked card information or tokenized identifiers where provided by the PSP.

Where the User voluntarily provides an email address for a payment receipt or payment confirmation, that email address may be processed for that purpose. It will not be used for marketing unless the User has separately provided the consent required by law.

6. Changes and support

To the maximum extent permitted by applicable law, GlobalTips may change, suspend or discontinue Platform functionality, including payment methods or Mobile Terminal functionality, where reasonably necessary for technical, security, legal, regulatory, PSP or card-scheme reasons.

The version of these T&C applicable to a transaction is the version made available by GlobalTips at the relevant time, subject to mandatory law.

7. Links

The Platform may provide links to external websites or resources, including Stripe legal and privacy documentation. GlobalTips does not control Linked Sites and, to the maximum extent permitted by law, is not responsible for their content, availability or practices.

The User should review the applicable terms and privacy policies of relevant third-party providers.

8. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform is provided on an “AS IS” and “AS AVAILABLE” basis. GlobalTips does not warrant uninterrupted, timely or error-free operation or any particular result from use of the Platform.

Any warranties or rights that cannot lawfully be excluded remain unaffected.

9. Limitation of liability

To the maximum extent permitted by applicable law, GlobalTips and its licensors shall not be liable for indirect, incidental, special, consequential or exemplary damages arising from use of the Platform, except where such limitation is prohibited by law.

GlobalTips is not responsible for the Merchant’s goods or services, the Merchant’s menu or offer, performance of an Order, Merchant communications or Loyalty Program benefits.

Nothing in these T&C excludes or limits liability for gross negligence, wilful misconduct, fraud or other liability that cannot lawfully be excluded or limited, or limits mandatory consumer or data-protection rights.

10. Indemnification

This Section 10 applies only where the User has accepted these T&C through a GlobalTips payment interface or otherwise expressly agreed to them. To the fullest extent permitted by applicable law, the User agrees to indemnify and hold harmless GlobalTips, its officers, employees and suppliers from third-party claims arising out of the User’s unlawful use of the Platform, material breach of these T&C or violation of third-party rights.

11. Termination

The User may stop using the Platform at any time. GlobalTips may suspend or terminate access to Platform functionality where the User materially breaches these T&C or where required by applicable law, regulation, PSP or card-scheme requirements, or necessary for security or fraud prevention.

Termination does not affect rights and obligations relating to transactions completed before termination.

12. Proprietary rights

The Platform and related software contain proprietary and confidential information protected by intellectual property and other laws. All rights, title and interest remain with GlobalTips and/or its licensors.

The User may not copy, sell, license, distribute, modify, create derivative works from, decompile, reverse engineer or disassemble the Platform except where expressly permitted by applicable law; circumvent security controls; use the Platform in violation of law or third-party rights; or remove proprietary notices.

13. Assignment

This Section 13 applies only where the User has accepted these T&C through a GlobalTips payment interface or otherwise expressly agreed to them. The User may not assign or transfer rights or obligations under these T&C without GlobalTips’ prior written consent. GlobalTips may assign or transfer its rights and obligations to an affiliate or successor in connection with a merger, acquisition, reorganization or transfer of all or a substantial part of its business, subject to mandatory User rights.

14. Customer agreement

For payment flows where the User accepts these T&C through a GlobalTips payment interface, the User represents that they have the legal capacity to enter into these T&C.

For Mobile Terminal transactions, these T&C describe GlobalTips’ role and relevant payment conditions. The User authorizes the payment by presenting a supported Payment Method after the total amount has been displayed. Presenting the Payment Method does not, by itself, constitute acceptance of contractual provisions in these T&C.

15. Governing law and jurisdiction

Where the User has accepted these T&C through a GlobalTips payment interface or otherwise expressly agreed to them, these T&C are governed by and construed in accordance with the laws of the Republic of Lithuania. This choice of law does not deprive a consumer of mandatory protections applicable under the law of the consumer’s country of habitual residence where such protections cannot be waived by agreement.

Subject to mandatory consumer-jurisdiction rules, proceedings arising out of or related to the contractual relationship created by such acceptance or agreement shall be brought before the competent courts of Vilnius, Lithuania. Where applicable, Users may also use available Alternative Dispute Resolution mechanisms. Rights and obligations arising from a Mobile Terminal transaction where the User has not accepted these T&C remain subject to the law applicable independently of this clause.

16. Force majeure

GlobalTips is not liable for delay or failure in performance to the extent caused by circumstances beyond its reasonable control, including telecommunications or internet failures, PSP or card-network outages, third-party system failures, natural disasters, governmental restrictions, war, strikes or similar events.