Please read these terms of service (the “Terms of Service”) carefully as it constitutes a legally binding agreement between you and QR Tip Ltd, a limited liability company (Company Number 12646560) formed under the laws of England with its registered address at Harwood House, 43 Harwood Road, London, SW6 4QP United Kingdom (“EasyTip”). These Terms of Service govern access to and use of the EasyTip’s website located at www.easytip.net and any sub-domains used in connection with or related to the same and any future versions (together the “EasyTip Website”) as well as EasyTip’s mobile applications (the “EasyTip App”) and any EasyTip proprietary software used in connection with the EasyTip Website or the EasyTip App (the “EasyTip Software”). Together, the EasyTip Website, the EasyTip App and the Easy Tip Software constitute the “EasyTip Platform”. These Terms of Service also apply to all services provided by EasyTip through the EasyTip Platform (see the definition of “EasyTip Services” in Section 5 below).
These Terms of Service apply to all Users of the EasyTip Platform, including Users who provide hospitality services to other Users, Users who make payments to Vendors and Merchants, Users who review Goods and Services through the EasyTip Platform, Users who download the EasyTip App and Users who simply view the content available through the EasyTip Website.
If you are using the EasyTip Platform or creating an EasyTip Account (see Section 3 below), for or on behalf of another person or a corporate entity, you represent and warrant that you have the authority to bind such person or entity to these Terms of Service. The term “User”, “you” or “your” refers to the individual or legal entity, as applicable, accessing or otherwise using the EasyTip Platform or the EasyTip Services (as defined in Section 5 below). You acknowledge and agree that the EasyTip Platform and the EasyTip Services are made available to facilitate: (1) the payment of tips and service charges (“Service Payments”) in the hospitality sector; and (2) the submission of guest reviews and ratings of Vendors and Merchants (each as defined in Section 2 below). You understand that the EasyTip Platform and the EasyTip Services facilitate these activities and that EasyTip itself is not a Vendor or a Merchant.
By accessing, browsing and using the EasyTip Platform, you confirm that you have read and accept these Terms of Service. If you do not accept these Terms of Service, then you may not access or use the EasyTip Platform or EasyTip Services.
These Terms of Service 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 shall make an updated copy of these Terms of Service 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.
You must read these Terms of Service in their entirety; however, this index is provided for ease of reference to enable you to navigate to specific sections of these Terms of Service.
These Terms of Service form an agreement between you and QR Tip Ltd, a limited liability company incorporated under the laws of England. The terms “EasyTip”, “us”, “we” or “our” means QR Tip Ltd.
QR Tip Ltd and its affiliates, officers, directors and employees are referred to in these Terms of Service as the “EasyTip Group”. For the avoidance of doubt, the EasyTip Group does not include any third parties such as Merchants or Vendors (as such terms are defined in Section 2 below).
The following additional terms and conditions apply to you if you are using the EasyTip App and have downloaded it from the Apple App Store or the Google Play Store. You acknowledge and agree that:
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.
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.
License. Subject to your compliance with these Terms of Service, EasyTip hereby grants you a personal i.e., only valid for you, revocable, non-exclusive and non-transferable license to use the EasyTip Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are:
The activities described above constitute "Permitted Use" as applicable to a specific type of User.
EasyTip Services
Through the EasyTip Platform, EasyTip provides Users with the following services (the “EasyTip Services”):
EasyTip does not offer payment processing services but connects Users with Payment Processors who may provide such services under a separate contract with Users.
For the avoidance of doubt, no members of the EasyTip Group shall be liable for any transactions between Customers, Merchants or Vendors.
EasyTip may provide products or services to Merchants or Vendors through a separate agreement executed with such parties.
Any Vendor-related information on the EasyTip Platform is content provided by the Vendor and not EasyTip, and EasyTip is not liable for such content.
EasyTip Account
To use the EasyTip Platform and most features of the EasyTip Services, Merchants, Vendors, Troncmasters and Vendor Accountants are required to successfully create a user account (the "EasyTip Account") using the EasyTip Platform.
Making Service Payments
Using the EasyTip Platform, a Customer can scan the QR Code provided by a Merchant to make Service Payments to that Merchant via a Payment Processor. After scanning the QR Code, a Customer will be directed to a window requesting that he or she enter the amount of the desired Service Payment. Once a Customer has entered the amount, he or she will have the opportunity to review it. After a Customer reviews and confirms that the amount of the Service Payment is correct, the Customer may proceed to make the Service Payment. A Customer’s payment card will be charged when he or she makes a Service Payment. Once a Customer has made a Service Payment, the Customer shall not be entitled to change or cancel that Service Payment and shall not be entitled to a refund (except where required by mandatory law). If a Customer wishes to amend or cancel a Service Payment for a total or partial refund, the Customer must get in touch with EasyTip via chat, e-mail or the EasyTip support phone line provided on the EasyTip Platform.
User Support
EasyTip may offer support to Users in respect of issues relating to the EasyTip Services. Users with any problems, questions or suggestions with respect to the EasyTip Platform or the EasyTip Services should contact EasyTip’s customer support team (and not Merchants or Vendors) via chat (preferable), e-mail or phone at the contact information provided on the EasyTip Platform.
Payment Processing Services
Payment processing services for the EasyTip Platform are provided by such service providers as EasyTip may choose from time to time (each such service provider, a "Payment Processor"). Once connected to a Payment Processor, a User will enter into a separate contract for payment processing services with that Payment Processor. EasyTip will not be a party to this contract.
Price and Payment
Payment of Service Payments must be made with an accepted credit or debit card through the Payment Processors (each such payment, a "Card Payment"). A Customer will be charged at the time of making a Service Payment. Each Customer consents to the collection and use of his or her information (including, if applicable, personal information) by such Payment Processors as is necessary to process Service Payments. EasyTip reserves the right to add, remove or replace any Payment Processor connected to the EasyTip Platform at any time in its sole discretion. Each Customer agrees that the Payment Processor charge his or her payment card for any Service Payment made. Each Customer is responsible for ensuring that all of his or her billing information is current, complete, and accurate.
Processing Charges, Currency
Each Customer agrees that the Payment Processor has the right to add to any Service Payment any processing charges owed under any agreements between EasyTip and its banks and/or Payment Processors. Each Customer further agrees that Service Payments may be debited from such Customer’s bank/card account in a currency other than the one selected if the bank or Payment Processor requires payment in a specific currency or the currency selected by Customer is subject to a mandatory currency conversion. Any payment made in a currency other than the currency of the payment card used may result in additional fees being charged by the payment card provider or the Payment Processor.
EasyTip and Payment Processor Fees
Payments made through the EasyTip platform are subject to fees charged by EasyTip (“EasyTip Fees”) and fees charged by third party Payment Processors (“Processor Fees”) together “Card Fees”.
EasyTip Fees are detailed in the EasyTip Fees section of the EasyTip Website.
Processor Fees are outlined on https://stripe.com/gb/pricing
Some Processor Fees vary depending on the User’s card issuer. EasyTip charges 2.9% plus Processor Fees. Customer may choose to pay the Card Fees when using the EasyTip Platform (such that no Card Fees are deducted from the tip before it is transferred to the Merchant).
In cases where the Merchant is charged the Card Fees are deducted from the tip amount and the remaining amount is transferred to the Merchant.
Vendor Services Charges
Certain Vendors may require that a certain amount or percentage (a "Service Charge") be deducted from Service Payments made to its Merchants. In such cases: (1) the Vendor will receive the Service Charge; and 2) the Merchant will receive the balance of the Service Payment.
The EasyTip Platform permits the establishment and operation of Tronc Systems whereby Service Payments made to individual Merchants are pooled and subsequently be allocated amongst a Vendor's Merchants and other employees. In a restaurant, for example, a Tronc System may be used to share Service Payments amongst Merchants and other staff, such as cooks, managers and hostesses.
If operated in accordance with applicable legislation, a Tronc System can allocate tips to employees without the employer being obligated to deduct national insurance contributions (“NIC”).
Where the EasyTip Platform is used to implement and operate a Tronc System, Troncmasters and Vendors agree to the following additional terms and conditions:
Upon any failure to operate a Tronc System on the EasyTip Platform in accordance with the foregoing terms and conditions, EasyTip shall be authorised to suspend or terminate a User's access to the EasyTip Platform.
Failure to operate a Tron System on the EasyTip Platform in accordance with the above terms and conditions may also result in a Vendor being liable for inappropriate deduction of NIC from the relevant Service Payments. EasyTip shall not be responsible for any such actions, and each Vendor and Troncmaster indemnifies EasyTip Group against any losses associated with a failure by a Vendor or Troncmaster to comply with the terms and conditions set out above.
A Vendor may create an EasyTip Account for use by a Vendor Accountant. Using such account, a Vendor Accountant may (1) determine the amounts of such Service Payments and the applicable withholding taxes; and (2) transfer the amount of such withholding taxes to a Payment Processor account held by the Vendor for onward transfer to HM Revenue & Custom. Any Vendor Accountant for whom an EasyTip Account is created expressly agrees to use such EasyTip Account only for the foregoing purposes.
EasyTip grants Vendor Accountants access to the EasyTip Platform to facilitate the conduct of the activities described above. Where Vendor Accountants and Vendors use the EasyTip Platform for such activities, they alone are responsible for complying with all obligations to withhold taxes from Service Payments and no member of the EasyTip Group shall be responsible for any failure to comply with such obligations.
For further information on tax matters, please see the disclaimers set out under the heading "Tax Obligations" in Section 13 below.
EasyTip implements the EasyTip Platform with Vendors in one of three ways:
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 the applicable Permitted Use. 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:
Content and Intellectual Property
Creating Feedback and Other User Content. Through the capabilities of the EasyTip Platform, Customers may be able to provide ratings/reviews, suggestions or other feedback ("Feedback"). Feedback is a subset of User Content. In creating and posting any Feedback (or other User Content) you represent and warrant that you shall not post or transmit to or from the EasyTip Platform any material or content which does or may:
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Feedback or other User Content to the EasyTip Platform.
Merchant actions and omissions: The legal contract for the supply and purchase of Goods and Services is between the Customer and the Merchant. EasyTip has no control over the actions or omissions of any Merchants or Vendors and is not liable for any act or omission or otherwise for the performance of Merchants and Vendors.
The foregoing disclaimers do not affect Customer’s statutory rights against any Merchant or Vendor.
The limitations above reflect a fair allocation of risk but for which EasyTip would not make the EasyTip Platform and/or EasyTip Services available to users. The limitations specified in this section 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.
You agree to defend, indemnify and hold harmless the EasyTip Group, 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:
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.
EasyTip may change its notice contact information from time to time by posting updated contact details on the EasyTip Platform.