EasyTip: Full-Service Payments

General Terms of Use

(Last updated 22.09.2024)

QR TIP INFORMATION TECHNOLOGY L.L.C. (“EasyTip”) is a limited liability company incorporated and registered in Dubai with license number 1136779 having its registered address at Office 546, Al-Bahar, Al Khabaisi, Dubai, United Arab Emirates. EasyTip has developed and operates a proprietary technology platform enable Customers to pay for Vendor Products from their smartphones or other devices by accessing a QR code or other technology.

Please read these terms of service (the “Terms of Service”) carefully as they constitutes a legally binding agreement between you and EasyTip. These Terms of Service govern your access to and use of the EasyTip Platform and any EasyTip Services provided to you. If you do not agree to these Terms of Service, you may not use the EasyTip Platform or the EasyTip Services.

1. Definitions

In these Terms and Conditions:

“Agreement” means, collectively, these Terms of Service and all other rules, policies and procedures (including the Privacy Policy and the Payment Terms) that we may publish from time to time on the EasyTip Platform;

“Card” means a credit, debit, pre-paid, or gift card issued by a Card Provider;

“Card Provider” means the financial institution or other entity that issues a Card to a Customer;

“Chargeback” means a request filed by a Customer with his or her Card Provider to reverse a payment made using the EasyTip Platform;

“Claim” means a request file by the Vendor or a Customer with EasyTip to reverse a payment made using the EasyTip Platform;

“Content” means any information, material or content contained on or provided through the EasyTip Platform, including the EasyTip Platform’s appearance, design and layout;

“Customer” means a customer of the Vendor;

“EasyTip Account” has its meaning set out in Clause [3.1] of these Terms and Conditions;

“EasyTip App” means the mobile application developed by EasyTip for provision of the EasyTip Services;

“EasyTip Software” means any EasyTip proprietary software used in connection with the EasyTip Website or the EasyTip App;

“EasyTip Platform” means, collectively, the EasyTip App, the EasyTip Software and the EasyTip Website;

“EasyTip Services” means the services offered by EasyTip to the Vendor from time to time, including: (a) enabling Customers to pay for Vendor Products using the EasyTip Platform; (b) enabling Customers to provide feedback to the Vendor; (c) providing the Vendor with integration guidelines and access to the EasyTip Platform; and (d) promotion of the Vendor on the EasyTip Platform;

“EasyTip Website” means the website located at www.easytip.net and any sub-domains used in connection with or related to the same and any future versions;

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereinafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under all applicable law;

“MasterCard” means MasterCard International Incorporated;

“Payment Network” means each of American Express, MasterCard and Visa;

“Payment Network Rules” means the terms and conditions published by the relevant Payment Network;

“Payment Processor” means a third-party service provider offering services as an agent of one or more financial institutions in the Territories to process and settle Transactions;

“Payment Processor Rules” means the terms of service, privacy policy, and other terms and policies published by the applicable Payment Processor and agreed to by the Vendor;

“Payment Terms” means the EasyTip Payment Terms available at: https://www.easytip.net/payment -terms;

“Personal Data” has the meaning ascribed to it under the Privacy Policy;

“Privacy Policy” means the EasyTip Privacy Policy available at: www.easytip.net/privacypolicy;

“Reversal” means EasyTip reversing the settlement of funds from a Payout to the Vendor because: (a) the relevant Transaction is invalidated by the Card Provider; (b) the settlement funds were sent to you in error by (i) EasyTip, the Payment Processor or the local financial institution; (ii) the processors, suppliers or licensors of EasyTip; or (iii) any of the respective affiliates, agents, directors, and employees of any of the entities listed in (i) or (ii) above; (c) the sender of the payment did not have authorization to send the payment (for example the Customer used a card that did not belong to him or her); (d) you received the payment for a Transaction conducted in violation of the terms of the Agreement, the Payment Processor Rules, the Payment Network Rules, or applicable law; or (e) EasyTip decided a Claim against you;

“Territory” means the United Arab Emirates and such other territories as may be added to these Terms and Conditions from time to time;

“Transaction” means a transaction between the Vendor and a Customer;

“Vendor” (or “you”) means the sole proprietor or business entity registered as a Vendor with EasyTip in accordance with the EasyTip Account registration procedures set out in Clause [3] of these Terms of Service; and

“Visa” means, collectively, Visa Europe Ltd., Visa U.S.A., Inc., Visa Canada Inc. and Visa International.

2. Acceptance of Terms

2.1 Vendor Agreement

By installing, accessing, using, or subscribing to any of the EasyTip Services, the Vendor confirms that it accepts and agrees to comply with these Terms of Service and all other terms set out in the Agreement. If you do not agree to any of these Terms and Conditions or any other terms set out in the Agreement, you must not use any of the EasyTip Services. If you use the EasyTip Services, in whole or in part, on behalf of another person, you represent and warrant that you are duly authorized to: (i) agree to these Terms of Service and the other terms of the Agreement on behalf of such person; and (ii) use the EasyTip Services on behalf of such person.

2.3 Right to Amend

These Terms of Service and the other terms of the Agreement are subject to change by EasyTip in its sole discretion at any time and to the fullest extent permitted by applicable law. When changes are made, EasyTip will make an updated copy of these Terms of Service or such other terms available on the EasyTip Platform. EasyTip shall also update the "Last Updated" date at the top of these Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e-mail to you at the last e-mail address you provided to us pursuant to these Terms of Service to notify you of such changes and the date they will become effective for you. For Users not registered with us, any changes to these Terms of Service shall be effective immediately after posting notice of such changes on the EasyTip Platform. EasyTip may require you to provide your consent to the updated Terms of Service in a specified manner before further use of the EasyTip Platform and/or the EasyTip Services is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the EasyTip Platform and/or the EasyTip Services. Otherwise, your continued use of the EasyTip Platform and/or EasyTip Services shall constitute your acceptance of such change. Please regularly check the EasyTip Platform to view the most current Terms of Service.

3. EasyTip Account

3.1. Registration

(a) The EasyTip Services are available only to Vendors operating a business in the Territory. You agree and acknowledge that the EasyTip Service is not made available for any personal, family, or household purposes.

(b) To use the EasyTip Services, the Vendor must first register to obtain an account (an “EasyTip Account”). The Vendor may choose to register as a sole proprietor or a business entity.

(c) If you register as a company or other legal entity (a “Company”), you will also be required to provide information about the owners the Company, and you may be required to demonstrate that you are authorized to act on behalf of the Company and enter into the Agreement. You represent and warrant that you have been duly authorized by such Company to (i) enter into the Agreement on such Company’s behalf; and (ii) use the EasyTip Services on behalf of such Company.

3.2 Accurate Information

The Vendor represents and warrants that all information supplied by the Vendor (or by any person acting on the Vendor’s behalf) on the EasyTip Platform, including any information provided to create an EasyTip Account, or in connection with your use of the EasyTip Services is true, accurate, current and complete. You can update the information on your EasyTip Account both on the EasyTip Platform and the EasyTip App to ensure that the same remains up-to-date, true, accurate and complete at all times.

3.3 Account Verification

EasyTip may from time to time take measures to verify (or re-verify) your identity and any other details you provide in connection with your EasyTip Account. Such measures may include: (i) requesting further information and documents, including your date of birth, government-issued ID, tax identification number, commercial license, financial statements, business invoices, reseller authorization, distributor information, and other forms of identification; (ii) conducting an inspection at your business premises and examining financial and other records. In addition, you authorize EasyTip to disclose your information to third parties in accordance with Clause 3.8 of these Terms of Service for the purposes of carrying out such verification procedures. If you fail to provide requested information, or if we cannot otherwise verify your identity or obtain required information, we may refuse to register your EasyTip Account or suspend or terminate your EasyTip Account.

3.4 Account Opening

After you register to obtain an EasyTip Account in accordance with Clause 3.1 of these Terms of Service, EasyTip will verify the information you have submitted in accordance with Clause 3.3 of these Terms of Service. Following such verification, EasyTip will determine, in its sole discretion, whether you are eligible to use the EasyTip Services. EasyTip will notify you via the email address you provide when registering for your EasyTip Account whether your EasyTip Account has been approved.

3.4 Account Security

You must keep your EasyTip Account secure and you agree that you shall not disclose your EasyTip Account credentials to anyone. No members of the EasyTip Group shall be liable for any loss or damage arising from your failure to safeguard your EasyTip Account, use a strong password or use a password distinctive to your EasyTip Account. You must notify us immediately in the case of actual or suspected unauthorized use of your EasyTip Account.

3.5 Discretionary Access to EasyTip Account

EasyTip reserves the right to deny your request for an EasyTip Account and to disable or terminate access to any EasyTip Account issued to you at any time in EasyTip’s sole discretion. If EasyTip disables access to an EasyTip Account issued to you, you shall be prevented from accessing the EasyTip Platform and using the EasyTip Services and shall not have access to your EasyTip Account details and other information that is associated with your EasyTip Account.

3.6 Suspension, Termination and Deletion of EasyTip Account

EasyTip may suspend or terminate your ability to access the EasyTip Platform, or cease providing you with all or part of the EasyTip Services at any time for any or no reason, including: (i) if we believe you have violated these Terms of Service or other terms of the Agreement; (ii) we believe that your continued use of the EasyTip Platform may create risk or possible legal exposure for EasyTip; (iii) in response to requests by any law enforcement agency or other competent authority; (iv) in the case of prolonged account inactivity; (v) in the cases described in Clause 3.3; or (vi) if we determine that our provision of the EasyTip Services to you is no longer commercially viable. EasyTip may undertake reasonable efforts to notify you by the e-mail address associated with your account, through the EasyTip Platform or when you next attempt to access your EasyTip Account, depending on the circumstances. You acknowledge and agree that EasyTip may make suspensions and terminations in its sole discretion and that no member of the EasyTip Group shall be liable to you or any third-party for any suspension or termination of your access to, or for the removal of any of the materials uploaded by you to, the EasyTip Platform. Any suspension or termination of such access or removal of such materials shall be in addition to any and all other rights and remedies that EasyTip may have. In case of termination, we may disable your EasyTip Account but retain the disabled EasyTip Account and the information associated for fraud prevention or other lawful purposes.

3.7 Account Deletion and Termination

You may request the deletion of your account by: (1) requesting (by e-mail or through any then-available interface on the EasyTip Platform) that your EasyTip Account be deleted; or (2) ceasing to use the EasyTip Platform and the EasyTip Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your EasyTip Account, we may disable your EasyTip Account but retain the disabled EasyTip Account for fraud prevention or other lawful purposes. You may request termination of these Terms of Service and the Agreement at any time by e-mail (or any then-available interface on the EasyTip Platform) that your EasyTip Account be deleted. EasyTip may terminate these Terms of Service at any time by giving notice to you, at our discretion, by e-mail at your current email address on file with us or through the EasyTip Platform.

3.8 Disclosure of Information to Third Parties

You authorize EasyTip to share information you have provided, including your EasyTip Account details, with credit bureaus, Payment Processors and relevant financial institutions to determine your eligibility to use the EasyTip Services. In addition, you agree that EasyTip may contact your Customers for the purpose of validating and verifying Transactions.

3.9 Third Party Platforms

EasyTip may permit you to log in to your EasyTip Account through third-party platforms, such as social media and networking services like Google or Facebook (“Third Party Platforms”). To do so, EasyTip may ask you to authenticate, register for, or log in to Third Party Platforms. As part of this integration, the Third Party Platforms may provide EasyTip with access to certain information you have provided to them. EasyTip will use, store, and disclose such information in accordance with the Privacy Policy. EasyTip will not verify or review, and assumes no responsibility for, the privacy and data protection practices carried out by any third Party Platform.

4. EASYTIP PLATFORM

4.1. EasyTip Software

EasyTip provides the EasyTip Software to enable you to use the EasyTip Platform and the EasyTip Services. We may require that you download and install new software, or update existing software, to continue using the EasyTip Platform and the EasyTip Services. This may include updates, modifications, bug fixes, patches, or new features. You agree that these Terms of Service and the other terms of the Agreement will apply to any such updates.

4.2 Changes to Services

We may, in our sole discretion, modify, suspend, or discontinue any or all of the EasyTip Services at any time. We may also impose limits on certain of the EasyTip Services or restrict your access to all or some of such services without notice or liability.

4.3 Compatibility

We do not warrant that the EasyTip Platform will be compatible with your mobile device or carrier. Your use of the EasyTip Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the EasyTip Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls.

4.4. License

We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the EasyTip Platform and the EasyTip Services in accordance with the Agreement.

4.5 Ownership

(a) The EasyTip Platform is licensed and not sold. We reserve all rights not expressly granted to you in the Agreement. The EasyTip Platform is protected by copyright, trade secret, and other intellectual property laws. We own the title, copyright, and other worldwide Intellectual Property Rights in the EasyTip Platform and all copies of the same.

(b) This Agreement does not grant you any rights to our trademarks or service marks or other Intellectual Property Rights. .

4.6 Customer Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the EasyTip Platform by Customers, including feedback ("Customer Content"), is the sole responsibility of such Customers. This means that the Customer, and not EasyTip, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available on the EasyTip Platform. EasyTip may monitor Customer Content but EasyTip does not guarantee, and does not warrant as to, the accuracy, integrity or quality of such content. Under no circumstances shall EasyTip be liable in any way for any Customer Content including for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the EasyTip Platform.

5. Payment Methods

5.1 Supported Cards

The EasyTip Platform supports most issued Cards with a Payment Network logo. EasyTip will only process Transactions that have been authorized by the applicable Payment Network or Card Provider. The Vendor is solely responsible for verifying the identity of Customers and the validity of a Card presented for us to purchase Vendor Products. EasyTip assumes no liability for any Transactions that is authorized and completed but is later reversed or subject to a Reversal or a Chargeback. The Vendor is solely responsible for all Reversals and Chargebacks,, regardless of the reason. EasyTip may in its discretion add or remove one or more types of supported Cards at any time without prior notice to the Vendor. Please refer to the Payment Terms for further details regarding Reversals and Chargebacks.

5.2 Payment Network Rules

By registering for an EasyTip Account or installing, accessing, using, or subscribing to the EasyTip Services, you confirm that: (a) you have read and agreed to the Payment Network Rules applicable to you; and (b) you will comply with all applicable Payment Network Rules. The Payment Networks may amend the Payment Network Rules from time to time and it is the Vendor’s responsibility to keep updated with respect to any such changes.

5.3 Vendor of Record

EasyTip (or its agent) acts as the merchant of record on all Transactions. The name ”EasyTip” (or the name of our agent) may appear in Customers' Card statements. To avoid Customer confusion and Transaction disputes, you must make your Customers aware of this. You agree to indemnify the EasyTip Indemnified Parties from any and all costs arising in any dispute due to your failure to do so.

6. Processing Card Transactions

(a) You acknowledge and agree that you will honour all eligible Cards presented for payment by your Customers for your goods and services in accordance with the Payment Network Rules, the Payment Processor Rules, and the Agreement.

(b) You undertake that you will obtain an authorization from the relevant Payment Network for each Transaction, as required under the applicable Payment Network Rules. You further agree that you will not submit a Transaction for settlement where there is a negative authorization or the Card is expired. You acknowledge that the issuance of an affirmative authorization for a Transaction does not mean that such Transaction will not be subject to a Chargeback, Reversal, or Claim at a later date. You agree not to impose any fee or surcharge on a Customer that seeks to use an eligible Card.

(c) You will provide a receipt to each Customer at the conclusion of a Transaction that includes all information required under the applicable Payment Network Rules and applicable law. You will display all Payment Network marks in accordance with the applicable Payment Network Rules and will use such marks only to indicate that the Vendor accepts their Cards for payment.

7. Taxes and Reporting

It is the Vendor’s sole responsibility to assess, collect, report, and remit to the appropriate authority any taxes and duties arising from the sale of the Vendor Products or the use of the EasyTip Services. EasyTip is not obligated to, and will not determine, whether the Vendor is required to apply, calculate, collect, report, or remit any taxes to any tax authority. The Vendor acknowledges that EasyTip may be required to provide certain information to tax authorities regarding the Transactions that we process and the EasyTip Services we provide to the Vendor.

8. Privacy

(a) EasyTip maintains commercially reasonable procedures to protect personal information regarding you and your Customers. However, we cannot guarantee that third parties will not gain unauthorized access to such personal information. You acknowledge that you provide this personal information regarding you and your Customers at your own risk. For further details regarding data privacy, please refer to our Privacy Policy.

(b) If EasyTip believes that a security breach or compromise of data has occurred, we may designate a third party auditor to conduct a security audit of your systems.

(c) The Vendor represents and warrants that: (i) it is in compliance with, and will continue to comply with, all applicable data protection and privacy laws; (ii) it has obtained and will maintain all licenses, permits and consents required under applicable law to disclose to EasyTip and the Payment Processors any Customer data that you provide to us or authorize us to collect. The Vendor is solely responsible for informing its Customers that EasyTip is processing Card transactions for the Vendor and obtaining data from such Customers.

9. Download Providers

(a) These Terms of Service are entered into between you and EasyTip. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "Download Providers") are parties to these Terms of Service nor shall they have obligations with respect to the EasyTip App. EasyTip, and not Apple or Google, is solely responsible for the EasyTip App, including any maintenance and support, and the content thereof as set forth hereunder. However, the Download Providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the Download Provider used to obtain the EasyTip App shall have the right (and shall be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If EasyTip fails to conform to any applicable warranty, you may notify the Download Provider used to obtain the EasyTip App and they shall refund the purchase price (if any) of the EasyTip App in accordance with their policies, and, to the maximum extent permitted by applicable law, the Download Provider used to obtain the EasyTip App shall have no other warranty obligation whatsoever with respect to the application and, as between the Download Provider used to obtain the EasyTip App and EasyTip, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is EasyTip’s responsibility. You and us both acknowledge that EasyTip, not the Download Provider used to obtain the EasyTip App, is responsible for addressing any end-user or third-party claims related to the EasyTip App, including, but not limited to: (a) product liability claims, (b) any claim that the EasyTip App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law.

(b) In the event of any third-party claim that the EasyTip App or your possession or use of the EasyTip App infringes on that third party’s intellectual property rights, EasyTip shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

10. Software and Merchandising

EasyTip implements the EasyTip Platform with the Vendor in one of three ways:

(1) EasyTip Software Installation

EasyTip may install EasyTip Software on a Vendor's server. Following such installation, the EasyTip Software may interact with Vendor’s POS systems in order to print on each invoice a QR-Code unique to the Vendor permitting Customers to: (a) make Service Payments; and (b) provide feedback to the Vendor, each as described above. Each Vendor using POS Integration expressly agrees to the installation by EasyTip of EasyTip Software as described above and acknowledges and agrees that all intellectual property in such EasyTip Software belongs to EasyTip as described further in Section 10 below.

(2) Freestanding Device

EasyTip may provide to the Vendor a freestanding computer device for use on the Vendor's premises. Such a device uses EasyTip Software to send signals to the Vendor's computer system and Vendor’s POS that direct the system to include a Vendor's unique QR-code on invoices. Each Vendor who receives such a device acknowledges and agrees that: (a) such device is owned by EasyTip and provided to the Vendor only for use with the EasyTip Platform; and (b) all intellectual property in any EasyTip Software installed on such device belongs to EasyTip as described further in Section 10 below.

(3) Merchandising Methods

Where POS Integration or use of a freestanding computer device is not possible or practical, EasyTip may provide a Vendor with printed materials incorporating QR-codes and other information enabling use of the EasyTip Platform. Where such methods are used, each Vendor grants EasyTip a limited license to use its copyright and trademarks solely for the purposes of producing such merchandising materials.

(4) Payment links

Vendors may access EasyTip Platform to create a catalogue (or “menu”) of services and products and generate a payment link for customers. EasyTip is not responsible for accuracy of any product catalogue generated by the Vendor, or any pricing, discounts or tax information the Vendor submits while generate payment links. Payment links may be sent to Customers or placed on the Vendor’s website. The Vendor agrees to place payment links only on websites owned by it.

11. No Unlawful or Prohibited Use

(a) You acknowledge and agree to use the EasyTip Platform and the EasyTip Services only for lawful purposes, and in accordance with these Terms of Service and the other term of the Agreement, applicable Payment Processor Rules and Payment Network Rules, and all applicable law.

(b) You represent, warrant and covenant that you have and shall continue to have all necessary licenses, registrations, consents and other authorizations required under applicable law to use the EasyTip Services and undertake Transactions.

(c) In addition to any other requirements or restrictions set forth in the Agreement, you shall not: (i) use credit available on any Card to provide cash advances to Customers; (ii) submit any Transaction for processing that does not arise from your sale of Vendor Products to a Customer; (iii) act as a payment intermediary or aggregator or otherwise resell the EasyTip Services; (iv) submit any Transactions that you have reason to believe are fraudulent; or (v) use the EasyTip Platform or the EasyTip Services that any Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network Rules.

(d) You may not, without EasyTip's prior written permission, use the EasyTip Platform, the EasyTip Services or any Content (including any other User’s User Content) for purposes other than as expressly permitted under the Agreement. Without limiting the generality of the foregoing, you shall not, and shall not permit anyone else to, or attempt to use the EasyTip Platform and/or the Content to:

"frame", "mirror" or otherwise incorporate the EasyTip Platform, the EasyTip Services or the Content or any part thereof on any commercial or non-commercial website;
access, monitor or copy any part of the EasyTip Platform, the EasyTip Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without EasyTip’s express written permission;
violate any laws;
violate the restrictions in any robot exclusion headers on the Content or the EasyTip Platform or bypass or circumvent other measures employed to prevent or limit access to the EasyTip Services or the EasyTip Platform;
remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the EasyTip Platform or the Content;
modify or attempt to modify the EasyTip Platform, or any Content or User Content, including any modification for the purpose of disguising or changing any indications of the ownership or that content originates from the EasyTip Platform;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the EasyTip Platform or impersonate another person or organisation or misrepresent their affiliation with a person or entity;
attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the EasyTip Platform or the EasyTip Services;
copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the EasyTip Platform or the Content;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the EasyTip Platform;
create derivative works based on the EasyTip Platform, the EasyTip Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the EasyTip Platform, the EasyTip Services or the Content;
use the EasyTip Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
upload to or transmit through the EasyTip Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by EasyTip in its sole discretion.

(b) You may not use the EasyTip Platform for any dealings, engagement, or services linked directly or indirectly with the following jurisdictions that EasyTip deems high risk: the countries of Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions.

illegal drugs, substances designed to mimic illegal drugs, or equipment designed for making or using illegal drugs;
any product or service that is illegal in the jurisdiction where your business is located, where you are resident or where you sell products or services;
pornography or other adult services such as prostitution, escort services and adult live chats;
weapons and munitions;
racist or anti-democratic media; or
gambling, casinos and equivalent enterprises, including internet gambling, sweepstakes and contests, and fantasy sports leagues offering monetary or other material prizes.

12. No Implied Warranties; Limitations of Liability.

12.1 No Implied Warranties.

The EasyTip Services and the EasyTip Platform are provided "as is" without warranty or condition of any kind. EasyTip disclaims all warranties, representations and conditions of any kind with respect to the EasyTip Services and the EasyTip Platform, whether express, implied, statutory or collateral, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the EasyTip Services or the EasyTip Platform or the content are or shall be error-free or shall operate without interruption.

12.2 Exclusion of Indirect Damages

To the extent permitted by law, EasyTip shall not be responsible, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of revenue, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not EasyTip is advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the EasyTip Services or the EasyTip Platform.

12.3 Limitation of Liability

To the extent that the foregoing limitations do not apply, in no event shall the total aggregate liability of EasyTip to the Vendor in connection with or under the Agreement, including in connection with your use of, or inability to make use of, the EasyTip Services and the EasyTip Platform, exceed AED 500 (five hundred dirhams). For greater certainty, the existence of one or more claims under the Agreement shall not increase the maximum liability amount.

12.4 Additional Costs

You assume full and sole responsibility for any additional and/or associated costs that you may incur in connection with or as a result of your use of the EasyTip Platform, including, without limitation, costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

12.5 Fairness of Limitations

The limitations above in this Clause [10] reflect a fair allocation of risk but for which EasyTip would not make the EasyTip Platform and/or EasyTip Services available to the Vendor. The limitations specified in this Clause [10] shall survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose or is found invalid by any competent court.

Indemnification

(a) You agree to defend, indemnify and hold harmless EasyTip, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of your:

breach of these Terms of Service or any documents referenced herein;
violation of any law or the rights of a third party (including, without limitation, intellectual property rights); or
breach of or failure to perform in respect of any transactions made by you or by any third party acting on your behalf or with your permission.

(b) EasyTip reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by EasyTip.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Service and the Agreement shall be governed by the laws of England and Wales. These laws apply to your access to or use of the, the EasyTip Platform, the EasyTip Services and the Content, notwithstanding your domicile, residency or physical location. The EasyTip Platform, the EasyTip Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

14.2 Dispute Resolution Process.

(a) Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) EasyTip or any members of the EasyTip Group, including any dispute or controversy arising out of or relating to these Terms of Service, the EasyTip Platform or EasyTip Services, any interactions or transactions between (1) you and (2) EasyTip or any members of the EasyTip Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person shall serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally, outside courts. You are free to take legal action at any time before the competent courts.

(b) If a Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and we agree that the Dispute shall be finally resolved by confidential arbitration in accordance with the LCIA (London Court of International Arbitration) Rules as at present in force. There shall be one arbitrator and the seat and place of arbitration shall be the Dubai International Financial Centre, UAE and the English language shall be used throughout the arbitral proceedings. EasyTip shall pay the reasonable arbitration costs.

(c) Nothing in these Terms of Service or the Agreement shall prohibit EasyTip from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.

15 .Miscellaneous

15.1 Interpretation

Unless the context clearly requires otherwise: (1) references to the plural include the singular, the singular the plural, the part the whole; (2) references to any gender include all genders; (3) “including” has the inclusive meaning frequently identified with the phrase “but not limited to”; and (4) references to “hereunder” or “herein” relate to these Terms of Service. The section headings in these Terms of Service are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.

15.2 Entire Agreement

These Terms of Service, the Privacy Policy and any documents incorporated by reference herein, together with any additional written agreements entered into between you and EasyTip, constitute the entire agreement between EasyTip and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EasyTip with respect to the subject matter of these Terms of Service.

15.3 Notices

EasyTip may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the EasyTip Platform or by email at the then-current email address for you on file with EasyTip. EasyTip may be contacted in writing at:

QR Tip Information Technology LLC

Office 546, Al-Bahar

Al Khabaisi

Dubai

United Arab Emirates

Email address: info@easytip.net

EasyTip may change its notice contact information from time to time by posting updated contact details on the EasyTip Platform.

15.4 No Waiver

EasyTip's failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provisions or right.

15.5 Force Majeure

EasyTip shall not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond EasyTip's reasonable control, including but not limited to acts of God, power outages, internet non-connectivity, war, strikes or labour disputes, embargoes, government orders, pandemics or any other force majeure event.

15.6 Severability

If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Service shall remain in effect.

15.7 Successors and Assigns

The Agreement binds you and your respective heirs, representatives, and permitted and approved successors (including those by merger and acquisition) or any permitted assigns.

15.8 Assignment

You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.