GENERAL TERMS
These Terms and Conditions (the “Terms and Conditions”) are a contractual agreement and set forth the terms, conditions and methods of service provision by the Company. We provide a software for giving and receiving cashless tips in the service industry anywhere and anytime. These Terms and Conditions govern your use of www.tiptop.am, admin.tiptop.am websites and tiptop mobile applications, owned by “TIP TOP” LLC (the “tiptop”, “Company”, “We” or “Our”), which also includes all related widgets, gadgets, data, software and other services provided. This document, along with our privacy policy and any other terms specifically mentioned in it, is a legally binding agreement between you and the company regarding your use of our services. If you do not agree to these terms and conditions, do not use the tiptop platform. :
DEFINITIONS
Acceptance: The Client's unconditional agreement to accept the terms and conditions set out by the Company.
Application: tiptop application, which is provided for the Employees.
Bank: A commercial bank established and existing in accordance with the legislation of the Republic of Armenia, which, through the Company's software, ensures the transfer of tips.
Client: any natural person who, using the platform, pays tips to the Employees by making a cashless transfer.
Commission: A percentage that is paid to the Company as compensation for using the Platform. The amount of the commission is 6% of the amount of the tip paid by the Client.
Employee: any natural person who is an employee of the Partner and registered by the Partner on the Platform in the status of an Employee of the Partner
Individual identifier: A QR code generated by the Company to the Partner’s Employees through the Platform, which contains information about the Partner’s employee.
Offer: An offer presented by a Company to a Client to use a service on the terms and conditions specified in the offer.
Partner: a legal entity established in accordance with the legislation of the Republic of Armenia and operating in the field of service.
Platform: tiptop application and websites under www.tiptop.am, admin.tiptop.am.
Service: a service provided by a Company that allows the Client to leave tips and comments/feedback on work done by Parner’s employees, and for Partner’s Employees to receive tips.
Service Provider: “Tip Top” Limited Liability Company, registration number: 264.110.1334445, TIN: 01058184, who owns and maintains the platform.
User: Partner and Employee in case of simultaneous reference.
User Account: A user account registered by the Partner and the Employee on the Platform and/or Application to access Services.
ACCEPTANCE OF TERMS AND CONDITIONS
Please get acknowledged to these Terms and Conditions and our Privacy Policy. By continuing to use the Services, the User (“You” or “Your”) accepts and agrees to all terms and conditions set forth herein. Acceptance of the Terms and Conditions creates a legal relationship between You and the Company. If you do not agree with any part of these Terms and Conditions, discontinue use of the Service. By accepting the Terms and Conditions and using our Services, you represent and warrant that you have the right to accept and abide by these terms and conditions.
PROVISION OF SERVICES
The Company provides Clients with access to software to cashlessly transfer tips to Employees using the Platform, and to leave comments and provide feedback on the work done by Employees. The Company provides Employees with access to cashless tips by accepting payment by crediting the tips to a bank card linked to the Platform. The Company provides access to the Platform to the Partner in order to realize the following functions:
- Register the Partner as a Platform administrator and gain access to implement the features provided to the Partner;
- Register Employees on the Platform with purpose for them to receive cashless tips from the Clients;
- Read Clients’ comments and reviews about the works done by the Employees;
- Manage a list of Employees by getting a QR code for each to receive tips.
- Determining the method of distributing tips among the Employees. In this case, the Partner is given the opportunity to choose the direct distribution method, in which each Employee receives the tips given to him or her, or the principle of equal distribution, in which the tips given by the Partner to all Employees registered on the platform are distributed evenly among all employees equally.
HOW TO USE THE PLATFORM
Procedure for using the platform by a Partner
In order to use the Platform, the Partner needs to do the following:
- To contact the Company with purpose to register the Partner on the Platform and create a User account;
- Fill in the Platform Partner details that may be required from the Partner on the Platform;
- Perform individual Employee registration in the User account created on the Platform, filling in Employee data;
- Create groups of Employees on the Platform, including customer service Employees in each group;
- To remove Employees from the Platform temporary or permanently.
Procedure for using the platform by an Employee
In order for an Employee to use the Platform, the following steps are required:
- An Employee shall create a personal Employee User account by filling out personal information that includes, but is not limited to, the first name, last name, and cell phone number of the Employee. In doing so, the Employee warrants that the above information provided to the Company is complete and correct.
- The Employee receives a link to the invitation to register by means of a corresponding SMS message to the specified phone number. When clicking on the link, if there is no User account, the specified phone number will complete the registration on the Platform, and if there is a User account – Employee directly confirms the invitation.
- The Partner and the Employee can download a QR code from the Platform containing an Individual Identifier that contains information about the Employee.
- The Employee provides the Client with a card or a receipt with a QR code identifying him/her for receiving a tip, in order for the latter to pay the tip in a cashless way.
- The Employee agrees to personally fulfill all tax obligations that may arise from the receipt of tips, in cases established by RA legislation.
- The Employee hereby acknowledges that the commission will be deducted from the amount transferred by the Client and the Employee will receive an amount equal to the difference between the amount transferred by the Client and the Ccommission, except as provided in these Terms and Conditions.
The Employee agrees and acknowledges that receiving tips through the platform is possible only with payment cards issued by banks of the Republic of Armenia.
Procedure for using the Platform by the Client
To pay a tip, the Client shall:
- Scan the identification QR code provided to him by the Employee, select the amount of the tip, specify the method of payment and make the transfer. If desired, the client can leave a rating and/or comment/feedback on the work done by the Employee. Q
- To make a payment using ApplePay or GooglePay, authentication using biometric identification (FaceID or TouchID) is required.
- To make a payment by bank card, the Client fills in the bank card details and makes the payment. The Client acknowledges that 3-D Secure authentication may be required to make a payment in accordance with the rules of the bank that issued the bank card.
The Client hereby agrees that he/she is informed that if a tip is paid, the Commission will be deducted from the tip amount and the Employee will receive the amount of the difference between the amount he/she transfers and the amount of the Commission, unless the Client agrees to be charged the Commission from the Client before the transfer is made.
The Client hereby confirms that he/she is informed that the payment of tips is made in AMD of the Republic of Armenia. In case the currency of the Client's bank card differs from the currency of the Republic of Armenia, the exchange of foreign currency will be carried out at the rate set by the Client's Bank.
YOUR ACCOUNT
For Employees, Services are only available if they have a User account entered in the application.
Employees undertake to provide complete and correct information when registering a User Account. The Company shall not be liable for failure to receive tips by the Employees due to incorrect, incomplete or incomplete data provided by the Partner or the Employees.
The Partner undertakes to ensure that the User ID and account provided to the Employee is linked to the User's account during the entire period of validity of these Terms and Conditions.
Clients may use the Services without having a User account. Tip payment on their part is done by filling in the details on a separate page opened by scanning a QR code containing an Individual identifier.
FINANCIAL PERFORMANCE
The Client, Partner and the Employee hereby acknowledge that the Company is not a Bank or a payment and settlement company and all financial functions performed as a result of using the Platform will be performed through the payment platforms provided by the Bank.
The payment of tips shall be be made by the bank servicing Client’s bank card.
The Company shall not be liable for losses caused to the Client, Partner and Employees as a result of financial transactions related to the implementation of transfers.
The Platform is operated by integrating the software provided by the Bank with the Platform on the basis of an agreement concluded between the Bank and the Company. Contractual relations existing between the Company and the bank do not entail any rights and obligations for the Client, Partner and the Employees.
INTELLECTUAL PROPERTY
The Platform and all rights to it are and will remain the property of the Company. As a result of using the platform, the Company does not grant the Client, Partner or Employee any rights to use, copy and provide access to the Platform to third parties, as well as to use or link in any way to Company names, logos, product and service names, trademarks or service marks.
TERM OF TERMS AND CONDITIONS
These Terms and Conditions come into force upon your consent and remain in effect until the Company or the Client terminates them.
TERMINATION OF THE PROVISION OF SERVICES
Termination of the provision of services by the Company
Unless otherwise provided by a separate additional written agreement between the Company and the Client, Partner and Employee, the Company has the right to unilaterally terminate Your right to use the Services at any time in the following cases: (A) In case of violation of the rules of these services by You; or (B) For Your misuse of the Services; or (C) If your access to and use of the Services violate the legislation of the Republic of Armenia. The Company will make reasonable efforts to notify you of any such termination. In addition, you agree that the Company is not responsible to You or any third party for such termination of Your right to use the services or otherwise access them.
Termination of service by a Partner or Employee
The Partner has the right to terminate the provision of Services at any time by deleting their User account from the platform, notifying the company at least 15 business days in advance by sending an appropriate notification by e-mail to the following email address: [email protected]. The employee has the right to delete his user account through the application at any time. At the same time, if tips that have been paid to Employees are available on the platform, but the Employee has not yet received these tips, the Employee will have the opportunity to delete his account after receiving the tip in full amount. In case of a change in the terms and Conditions, the Client or the Employee has the right to terminate the use of the services within 3 business days after the change in the terms of use by sending the company a corresponding notification about it at the following email address: [email protected]:
CHANGES IN TERMS AND CONDITIONS
We have the right to change, replace or otherwise modify these Terms and Conditions at any time. The date of the last change is indicated at the bottom of these Terms and Conditions. When we make any changes to the Terms and Conditions, we will report this fact in the mobile applications. In addition, if you register an Account and these Terms and Conditions are changed in the future for any significant reasons (for example, for security reasons, legal or regulatory reasons), we will inform you about this by notification or by sending an email to the email address or mobile phone number that you indicated on the Platform.
PRIVACY INFORMATION
As part of the services provided by the Company, confidential information may become known to clients and employees of the client. Confidential information is considered to be information, which is a trade secret and is not accessible to third parties.
The Partner and the Partner’s employees hereby undertake to keep confidential any confidential information available to them and not to provide this information to third parties, except in cases and in accordance with the procedure established by the legislation of the Republic of Armenia. The Partner and the Employee undertake to notify immediately if confidential information becomes available to third parties.
MISCELLANEOUS
Entire Agreement
The Terms and Conditions, Privacy Policy, any additional agreements (agreements) and amendments to these Terms and Conditions constitute an entire agreement between You and the Company and govern your use of the services, superseding any previous or concurrent agreements, proposals, discussions or communications between You and the Company. The section headings in these Terms and Conditions are for reference and convenience only and shall not be considered in the interpretation of these Terms and Conditions.
Governing law and dispute resolution process
Unless otherwise provided by another written agreement between You and the Company, the legislation of the Republic of Armenia applies to these Terms and Conditions. Any dispute arising as a result of the use of these Terms and Conditions is subject to resolution in accordance with the procedure established by the legislation of the Republic of Armenia:
Notices
Please notify us of any violations you encounter by sending a message to the company's email address.
LIABILITY
Users are responsible for their actions related to the use of the Platform.
The Company undertakes to take all actions aimed at ensuring proper, safe, continuous and error-free access to the platform. The service provider has the right to suspend the service in order to adjust the operation of the platform. the availability does not guarantee the complete continuity of the site and platform during the company's maintenance.
The Company is not responsible for the following:
For the actions undertaken by the Users;
Accuracy, reliability and integrity of data obtained during the use of the Platform;
For temporary technical errors that occur during the operation of the Platform;
For errors in data entered by Users on the Platform:
For the use of the Platform by the Client, Employee or Partner for purposes other than the payment of tips.
The Company is not responsible for damages (including lost profits), losses caused by interruptions in the operation of the platform, loss of data or other economic information, or any other material damage resulting from, in particular:
- In case of inability to use the platform;
- When using the platform;
- In case of data collection by third parties.