TERMS FOR TIPPERS

 

These Terms for Tippers (hereinafter simply referred to as “Terms” or “Tipper Terms”) shall be applicable only to theTippersleaving tips or donations for the Members registered onwww.youtipper.com(hereinafter referred to as the “Website” or “Site” or “Platform”), managed by YouTipper, a business registered in Netherland, bearing KVK Number - 83100032, and having its registered office at Keizersgracht 241, 1016EB Amsterdam(Netherland)(hereinafter referred to the “Company” or “YouTipper” or “Us” or “Our” or “We”). In these Terms, Tipper shall be referred to as “Tipper” or “You” or “Your”).

In addition to these terms, our Privacy Policyand Cookie Policy shall also be applicable to you. In case, you are a registered Member who wants to receive the tip, please refer to our Terms of Servicewhich is applicable to the Members.

 

1. DEFINITIONS

For the purposes of this Section, the following capitalised terms shall have the following meaning: 

1. “Member(s)” shall mean the members/users who have created an account on YouTipper for the purpose of listing themselves in the rankings and on the platform, and to receive tips from the Tippers.

2. “Service”shall mean the services of the platform provided by YouTipper to Members and Tippers, where Tippers may voluntarily tip any amount to the Members.

3. “Tipper”shall have the meaning ascribed to it in the beginning of these Terms. For the ease of reference, the terms ‘you’ and ‘your’ under this section have also been used to refer to the Tipper.

4. “Website” shall refer to www.youtipper.com

 

2. ACCEPTANCE OF THESE TERMS

By accessing our Website as a Tipper, or by donating/tipping any amount to the Members, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that you have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.

 

3. REGISTRATION NOT REQUIRED

Only Members who want to receive tips are required to register and create an account on YouTipper. However, as a Tipper, you are not required to register and create an account with us. You can leave tips for the registered Members by finding them on our platform, or by scanning their QR code as provided by them. You acknowledge and understand that while we take all steps to ensure the identity of the Members is genuine, we cannot and do not provide any guarantees or warranties in this respect.

 

4. TIPS

You can use our platform to send any amount of money as tip or donation to the registered Members. These tips or donation, including their amounts, shall be at your own accord and will, and you hereby represent that you have not leaving tips as a result of any force, coercion, undue influence, under the influence of alcohol, pressure, or in respect of any illegal or unlawful activity. However, you acknowledge and understand that you will not use our platform for making payment for any other purpose, and consequently you shall not receive any goods or services (including digital goods or services) or any other form of consideration or favour in exchange of your tips/donation, either from YouTipper or from the Member that you have tipper/donated. YouTipper does not charge any fee or commission from the Tippers. However, depending on the payment method that you choose, you will be charged a transaction cost by the third-party payment service provider that you choose to make the payment with. You shall be solely responsible for such fee and charge (where applicable).

 

5. LEAVING A FEEDBACK

After you have left a tip for any of our registered Members on YouTipper, you will be provided with an option of leaving areview/feedback for such Member. This is optional. Wherever you leave such review/feedback, this review/feedback, including your name, is publicly viewable to all the users of YouTipper. However, you shall be restricted from leaving a feedback/review that is any Content that is offensive, abusive, libellous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in the YouTipper’s reasonable discretion.

 

6. RESTRICTIONS

a)  You can use our services for sending tips only. Use of the services for processing payments, other than tips is strictly prohibited.

b) You must not use our platform for sending money for any illegal, restricted, immoral, violent, terrorist, harassing, defaming, or other unlawful activities.

c)  You must not misuse or interfere with the Website or try to access them using a method other than the interface and the instructions that we provide. You may use our services only as permitted by applicable law, and as per the directions provided by us.

d)  You must not:·    

1. Republish material from this Website;

2. Sell, rent or sub-license material from the Website;

3. Show any material from the Website in public without our consent;

4. Edit or otherwise modify any material on the Website (other than editing your own information as per the method provided);

5. Reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose; or

6. Redistribute material from the Website, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms;

7. Infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;

8. We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion.

9. We reserve the right to discontinue our services from our Website, at any time, at our sole discretion.

e) You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

f) You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

g) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.

 

7. OWNERSHIP RIGHTS

a) Rights of YouTipper:This Website, its logos, trademark, trade dress, trade name, content, information, and our services, shall remain the sole property of the YouTipper, licensor or third parties, as the case may be. Your use of or access to this Website, shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or our services. This Website and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the YouTipper or its owners, and are protected. No use of a trademark, trade dress, trade name, design, or content, appearing on this Website may be made without the prior written permission of the YouTipper.

b) Feedbacksubmitted by Tipper:

i. The feedback, name and note that you may submit while using our services, shall at times remain yours. You own the intellectual property rights in the same. 

ii. However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use some of suchfeedback, name and note. This is solely for the purposes of providing and improving our services. Therefore, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate your feedback, name and note. 

 

8. PRIVACY

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.

 

9. WEBSITE UPDATES

From time to time, we will bring new updates to our Website, mostly in order to enhance the your and other user’s experience and/or to improve the safety and security of our Members and Tippers, or for any other reason as we deem fit at our sole discretion. 

 

10. PAYMENT AND TAXES

1. Payments: All payments made on YouTipper are processed by Stripe and Mollie, as our third-party payment service providers. You personal and sensitive data will be shared by us with Stripe for such payment facilitation. Please refer to our Privacy Policy for more details.

2. Fees and Charges:At the checkout page, the transaction costs are displayed (including fee). Further, depending on the payment method that you choose, you will be charged a transaction cost by the third-party payment service provider that you choose to make the payment with. You shall be solely responsible for such fee and charge (where applicable).

3. Taxes:YouTipper does not withhold taxes on the Tips left by you or received by the Members. The Tippers as well as the Members are solely responsible for their individual tax responsibilities. All tips are considered as reportable income. Please consult with your tax advisor for any tax-related advice. YouTipper shall not be liable in this regard in any manner whatsoever.

 

11. Payment Processing Timeframe for Payout Requests of €2,500 or Higher

For payout requests of €2,500 or higher, please be advised that the processing timeframe may take up to 10 working days before the payment is transferred to the designated bank account. We endeavor to ensure accurate and secure transactions, and while we aim to process payouts promptly, the extended timeframe is necessary to accommodate larger transactions and required verification processes. 

 

12. DONATION ANDREFUND POLICY

a) Ownership of Tip: Once a Tipper sends a donation, it becomes the sole property of the receiving member. YouTipper does not retain control over or ownership of the funds after they have been successfully transferred to the member's account. As a Tipper, you acknowledge that the donation is non-refundable and will belong solely to the intended recipient.

b) Guaranteed Tips:YouTipper strives to ensure a reliable and secure platform for Tippers to send donations to members. We are committed to processing and delivering tips promptly to the recipients to support their work and efforts. As a Tipper, you can trust that your donations will be efficiently facilitated through our platform.

c) Fraud Prevention: The security and integrity of our platform are of utmost importance to us. As a Tipper, you play a crucial role in helping us maintain a safe environment. We take fraud prevention seriously and employ robust measures to detect and prevent fraudulent transactions. If you come across any suspicious or fraudulent activity on YouTipper, we encourage you to report it to our support team immediately.

d) User Responsibility: As a Tipper, you are responsible for ensuring that your interactions and transactions on YouTipper are genuine and legitimate. Any misuse of the platform, including engaging in fraudulent tipping or misleading representations, is strictly prohibited and may result in severe consequences.

e) No Refund Policy:YouTipper does not offer a refund option for tips made by Tippers through our platform. As a Tipper, it is essential to carefully consider your donations before making a payment, as all contributions are final and non-reversible.

f) Compliance with Terms for Tippers:By using YouTipper's services and providing tips to members, you acknowledge and agree to the above policies concerning donations, fraud prevention, and the absence of a refund option. 

 

13. Chargeback for Tippers:

a) On YouTipper, Tippers are not permitted to make chargebacks or refunds for their donations. However, it is crucial to understand that in certain circumstances, an investigation may be required regarding the transactions. If the tipper fails to provide our platform and payment service provider with all necessary and accurate information at the YouTipper checkout page, or if any issues arise during the verification process, such as the absence of 3D security or failure to provide 3D security during payment, an investigation will be conducted.

b) During this investigation, we will withhold payout for the transaction until a positive outcome is obtained. If the investigation results in a negative outcome, the disputed transaction cannot be paid out to the recipient. It is, therefore, essential for Tippers to ensure that they provide all required and correct information and follow the necessary security measures to facilitate smooth and reliable transactions on YouTipper.

c) By using our platform and making donations, tippers acknowledge and accept the terms of this Section. We are committed to maintaining a secure and trustworthy environment for all users, and your cooperation in adhering to these guidelines is greatly appreciated. If you have any questions or concerns regarding the payment process, please do not hesitate to contact our support team for assistance.

 

14. NO LIABILITY AND INDEMNITY

i. We shall not have any liability whatsoever for any claims arising from: (a) any of your acts or omissions; (b) compliance with the instructions given by you or any person acting on your behalf; (c) erroneously paying more tip; (d) paying tip to a wrong profile; (e) cyber-crime or fraud or misrepresentation; (f) any cause which we could not avoid and the consequences whereof we could not prevent by the exercise of reasonable diligence; and/or (g) any dispute or claims between the Tipper and the Members.

ii. Tipper agrees to indemnify YouTipper, its users,its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your abuse of platform; (ii) your breach of the Terms or breach of any applicable laws, including tax laws; (iii) your negligence or wilful misconduct; and (iv) any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action; 

 

15. DISCLAIMER

a) We are an intermediary platform that allows Tippers to pay tips digitally to the Members. We shall not mediate or resolve any dispute or disagreement between Tippers and the Members.

b) While we strive to maintain a positive and respectful environment, YouTipper cannot be held responsible for the conduct of its users. We encourage all members and tippers to interact responsibly and lawfully on our platform. Any misrepresentation, fraudulent activity, or misuse of the platform is strictly prohibited, and we reserve the right to take appropriate action, including account suspension or termination, for any violations of our Terms for Tippers.

c) The site is provided on an “as-is” and “as available” basis, and YouTipper (and our licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind. We (and our licensors and affiliates) make no warranty that the Site or service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

d) We are not responsible for delay or failure of our performance of any of the services caused by events beyond our reasonable control, such as electrical, internet, or telecommunication outage, or due to fraud or cyber-crime.

 

16. LIMITATION OF LIABILITY

a) We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

b) To the maximum extent permitted by law, in no event shall YouTipper (or our licensors or affiliates) be liable to you or any third party for any lost profits, lost data, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or sellthrough, the site, even if YouTipper has been advised of the possibility of such damages. Access to, and use of, the Site is at your own discretion and risk, and you will be solely responsible for any damage to your property, device or computer system, or loss of data resulting there from.

 

17. INDEMNITY

You acknowledge to defend, indemnify and hold YouTipper, its buyers, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as“Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

a) Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;

b) Your wrongful or improper use of Platform;

c) Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;

d) Your violation of these Terms or any other policy of YouTipper as associated with our services;

e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

 

18. DISPUTES BETWEEN YOU AND BUYERS

YouTipper is merely a facilitator and is not and cannot be a party to any disputes between Tippers and Members. We shall not be liable to mediate or otherwise become party to any dispute between you and the Members on the platform.

 

19. GOVERNING LAW AND DISPUTE RESOLUTION

i. Governing Law: The Terms and any dispute arising from the same will be governed by Dutch laws, rules and interpretations.

ii. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Netherlands.

iii. Disputes with Members: You hereby agree that we are not responsible to mediate any disputes between you and the Members, nor shall we become a party to any such disputes. Both you, as well as the Members are independent parties, and we are not responsible for the act and conduct of either of you. However, if you believe there has been any violation of our terms or applicable law, please feel free to report the same to us at info@youtipper.com, and we will take action as per our policies.

 

20. NOTICES

When you use the Website or send emails to YouTipper, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website. YouTipper will communicate with you by posting notices on this Website . You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@youtipper.com.

 

 

21. MISCELLANEOUS

i. Severability:If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

ii. Account Deactivation:If you have provided false or misleading information that compromises the security or integrity of our platform or violates our Terms for Tippers, we reserve the right to deactivate your account on YouTipper. This measure is implemented to protect our community and prevent any further misuse of the platform.

iii. Waiver:Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between YouTipper and you or any other party be deemed to modify any provision of these Terms.

iv. Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.

v. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use or the Purchase, Return and Refund Policy, there shall be no third-party beneficiaries to these Terms of Use or the Purchase, Return and Refund Policy.

vi. No Assignment: You may not assign these Terms of Use or the Purchase, Return and Refund Policy (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of YouTipper, which may be withheld at YouTipper’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Purchase, Return and Refund Policy shall be null and void.

vii. Entire Agreement:The Terms for Tippers,our Privacy Policy and Cookie Policy, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between YouTipper and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website .

viii. Force Majeure:YouTipperwill be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, and power failures.

ix. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.

 

22. CONTACT US

If you have questions or need any clarification, please feel free to contact us at info@youtipper.com.

Last Updated on June 22^nd, 2023