Last updated: September 27, 2012
We may amend this Agreement or any other agreements or policies at any time by posting a revised version at http://www.ziptip.net. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 days' prior notice of any Substantial Change by posting notice of such change at http://www.ziptip.net.
This is an important document which you must consider carefully when choosing whether to use the Ziptip Services. This Agreement also highlights certain risks of using the Ziptip Services.
We may close, suspend, or limit your access to the Ziptip Services if you violate this Agreement, the Ziptip Acceptable Use Policy, or any other agreement you enter into with Ziptip.
If you wish to question or dispute a transaction you must do so within 45 days of the transaction at issue posting to your account, and follow the procedures set out in this agreement.
Payments received in your Ziptip account may be reversed at a later time, for example, if such a payment is subject to a Reversal, Claim or otherwise invalidated. This means that for some of our Tip Recipients, payments received into their Accounts may be returned to the sender or otherwise removed from their Account after they have been paid. You can help protect yourself from the risk of a payment being reversed from your Account by following the criteria set out in the Protection for Unauthorized Transactions and Other Errors section and by following other guidance as may be posted from time to time at http://www.ziptip.net.
1.1 Ziptip facilitates the payment of tips and gratuities. Ziptip helps you make payments to and accept payments from third parties. Ziptip is an independent contractor for all purposes. Our payment platform provider PayPal acts as your agent with respect to the custody of your funds. Ziptip does not guarantee the identity of any User or ensure that a Tip Recipient or Tipper will complete a transaction.
1.3 Privacy of Others. If you receive Information about another User through the Ziptip Services, you must keep the Information confidential and only use it in connection with the Ziptip Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes unless you receive the User's express consent to do so.
1.4 Intellectual Property. All right, title and interest in and to the Ziptip website, any content thereon, the Ziptip Services, the technology related to the Ziptip Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Ziptip. The Ziptip Services, including Ziptip’s unique method of facilitating the payment of tips and gratuities using mobile devices, coded symbologies and unique images, is protected by a filing in the USPTO and as such cannot be copied or imitated without Ziptip’s prior written consent. "Ziptip.net," "Ziptip," and all logos related to the Ziptip Services, including the word "Quicktips" are either trademarks or registered trademarks of Ziptip, Inc. You may not copy, imitate or use them without Ziptip's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ziptip. You may not copy, imitate, or use them without Ziptip’s prior written consent. You may use your unique image provided by Ziptip without prior written consent for the purpose of directing traffic to the Ziptip Services. You may not alter, modify or change these unique images in any way or use them in a manner that is disparaging to Ziptip.
1.5 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Ziptip's prior written consent. Ziptip reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
1.6 Notices to You. You agree that Ziptip may provide notice to you by posting it on our website or emailing it to the email address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting Ziptip as described in section (1.7) below. Ziptip will charge you a Records Request Fee (per section 6) to provide a paper copy. Ziptip reserves the right to close your Account if you withdraw your consent to receive electronic communications.
1.7 Notices to Ziptip. Except as otherwise stated below in section 9 (Resolution Procedures for Unauthorized Transactions and Other Errors) and section 10 (Disputes with Ziptip), notice to Ziptip must be sent by postal mail to: Ziptip, Inc., 505 Beachland Boulevard, #189, Vero Beach, FL 32963.
1.8 Account History. You have the right to view the history of your Ziptip transactions. You may view your history statement by logging into your Account and viewing your account history.
1.9 Calls to You; Mobile Telephone Numbers. By providing Ziptip a telephone number (including a wireless/cellular telephone), you consent to receiving autodialed and prerecorded message calls from Ziptip at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.
2.1 Eligibility. To be eligible for the Ziptip Services, you must be at least 18 years old and have a PayPal account in good standing.
2.2 Tip Recipient and Tipper Accounts; Types of Transactions. We offer two different types of Accounts: Tip Recipient and Tipper Accounts. Tipper Accounts are exclusively for the purpose of paying tips and gratuities to Tip Recipients. Tip Recipient Accounts are exclusively for the purpose of receiving tips and gratuities paid by Tippers. You may only hold one Tip Recipient Account and one Tipper Account. If you are a Tip Recipient, you may receive money into your Tip Recipient Account, as described in more detail in Section 3 and 4. If you a Tipper, you may send money from your Tipper Account. You cannot both send money from and receive money into the same Ziptip account.
2.3 Identity Authentication. You authorize Ziptip, directly or through third parties, to make any inquiries we consider necessary (such as in connection with Ziptip's Anti-Money Laundering Policy) to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or other items, or verifying your Information against third party databases or through other sources.
3.1 Sending Limits. We may, at our discretion, impose limits on the amount of money you can send through the Ziptip Services. In such cases you will be able to view your sending limit, if any, by logging into your Account and clicking on the appropriate tabs.
3.2 Default Payment Methods. When you make a payment with Ziptip, Ziptip's Payment Platform Provider PayPal will fund your transaction in a particular order as stated in your agreement with PayPal.
3.3 Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including entering, if applicable, the numerical code assigned to each Tip Recipient’s QR code displayed on the Tip Recipient's unique image, and the amount of the transaction.
3.4 Sending Money in Multiple Currencies. When you are sending money to a Tip Recipient who resides in a location that has a currency that is different than your primary currency, you may need to specify whether you want to pay the Tip Recipient in the Tip Recipient's currency, or in your primary currency (in some cases you may not have a choice). In the event you choose to pay a Tip Recipient in a currency different than your primary currency, Ziptip's Payment Platform Provider PayPal may impose Currency Conversion Fees and other fees in such cases. Please refer to the applicable section of the User Agreement you have with Ziptip's Payment Platform Provider PayPal for the amounts of such fees.
3.5 Mobile. Your phone service provider is not the provider of the Ziptip Services, and accordingly you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, or any other fees.
4.1 Payment Review. Payment Review is a process by which Ziptip reviews certain potentially high-risk transactions in connection with its Anti-Money Laundering Policy and other agreements and policies. If a payment is subject to Payment Review, Ziptip will place a hold on the payment. Ziptip will conduct a review and either clear or cancel the payment. If the payment is cleared, Ziptip will remove the hold on such payment. Otherwise, Ziptip will cancel such payment and the funds relating to such payment will be returned to the Tipper. Ziptip will provide notices to you by email or in the Transaction History tab of your Account.
4.2 Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Ziptip is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
5.1 How to Close Your Account. You may close your Account at any time by logging in to your Account and clicking on the appropriate tabs. Upon Account closure, we will cancel any pending transactions.
5.2 Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, you will remain liable for all obligations related to your Account even after the Account is closed.
6.1 Fees Overview. Ziptip facilitates the payment of tips and gratuities using mobile devices. Using the Ziptip Services solves many tipping related problems including but not limited to the following: not having any cash when tipping is appropriate; business travelers not being able to track tips paid for expense reports; Tip Recipients not being in control of their tip receipts; cash left as tips is by nature not secure.
6.2 Fees. Fees are based upon the amount of the payment and are expressed as a percentage of the payment amount. For all transactions, Ziptip charges the Tipper a fee equivalent to 3% of each transaction. For Tip Recipients, there is a fee charged equivalent to the PayPal fee. Tip Recipients should review their User agreements with PayPal for a description of their PayPal fees.
6.3 Limits on Payments. Payments generally are limited to the following amounts: Payments must equal at least $1.00 USD and cannot exceed $500.00 USD. Payments in currencies other than USD have similarly equivalent limits. Ziptip reserves the right to change the minimum or maximum transaction amounts.
6.4 Additional Ziptip Fees. Ziptip charges $10.00 for each record request. However, Ziptip will not charge you for records requested in connection with a good-faith assertion of an error in your Account.
7.1 Restricted Activities. In connection with your use of our website, your Account, or the Ziptip Services, or in the course of your interactions with Ziptip, other Users, or third parties, you will not:
8.1 Your Liability. You are responsible for all Reversals, Claims, fees, fines, penalties and other liability incurred by Ziptip, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Ziptip Services. You agree to reimburse Ziptip, a User, or a third party for any and all such liability.
8.2 Temporary Holds for Disputed Transactions. If a User files a Claim or Reversal on a payment you received, Ziptip may place a temporary hold on the funds in your Account, if any, to cover the amount of the liability. If you win the dispute, Ziptip will lift the temporary hold. If you lose the dispute, Ziptip will remove the funds from your Account. This process also applies to claims that a User files directly with Ziptip's payment platform provider PayPal through its resolution process, if appropriate under the circumstances.
8.3 Reimbursement for Your Liability. In the event that you are liable for any amounts owed to Ziptip, Ziptip may immediately charge you for such amounts. Ziptip reserves its right to engage in collection efforts to recover any such unpaid amounts from you.
8.4 Actions by Ziptip. If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect Ziptip, PayPal, other Users, other third parties, or you from Reversals, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
Ziptip, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Ziptip Services for any reason and at any time upon notice to you.
8.5 Account Closure, Termination of Service, or Limited Account Access. If we close your Account or terminate your use of the Ziptip Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access if appropriate.
8.6 Hold. Ziptip, in its sole discretion, may place a hold on a payment you receive when Ziptip believes there may be a high level of risk associated with the transaction. If Ziptip places a hold on your payment, it will show as "pending" in your Account until the matter is resolved.
8.7 Acceptable Use Policy Violation - User Fines. If you violate the Acceptable Use Policy or any other agreements or policies you are subject to in connection with your use of the Ziptip Services, then we may hold your funds up to 180 Days, fine you up to $2,500.00 USD for each such violation and/or take legal action against you to recover additional losses we incur.
9.1 Protection for Unauthorized Transactions and Other Errors. When an unauthorized transaction or other error occurs in your Account, including unauthorized transactions that occur because your Ziptip Mobile-application activated phone or mobile device has been lost or stolen, Ziptip will cover you for the full amount of every eligible unauthorized transaction or other error so long as you follow the procedures discussed below in section 9.2.
An unauthorized transaction is a type of error that occurs when money is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an unauthorized transaction has occurred.
In addition, other errors occur when money is either incorrectly taken from your Account or incorrectly placed into your Account, or when transactions are incorrectly recorded in your Account. Examples of processing errors include: if you send a payment and it is debited twice from your Account; if a transaction is missing from, or not properly identified in, your Account history statement; if you receive an incorrect amount of money; and if there is a computational or mathematical error by Ziptip.
You may request documentation or information regarding your Account or transaction to determine whether an error exists by contacting us through the Contact Us link on the Ziptip.net website.
9.2 Notification Requirements.
You should regularly log into your Account and review your Account history to ensure that there has not been an unauthorized transaction or other errors.
For unauthorized transaction(s) or other errors involving your Ziptip account, notify us as follows:
When you notify us, provide us with all of the following information:
During the course of our investigation, we may request additional information from you.
9.3 Ziptip Actions after Receipt of Your Notification. Once you notify us of any suspected unauthorized transaction or other error, or we otherwise learn of one, we will do the following:
If we decide that there was not an error, we will include an explanation of our decision in our correspondence to you. If you received a provisional credit, we will remove it from your Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation.
9.4 Ziptip Processing Errors. We will rectify any processing error that we discover. If the error resulted in your receipt of less than the correct amount to which you were entitled, Ziptip will credit your Account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, Ziptip will debit the extra funds from your Ziptip Account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless: (a) through no fault of ours, you did not have enough available funds to complete the transaction, (b) our system was not working properly and you knew about the breakdown when you started the transaction, or (c) circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
10.1 Contact Ziptip First. If a dispute arises between you and Ziptip, our goal is to learn about, address and resolve it and, if we are unable to do so to your satisfaction, provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and Ziptip regarding the Ziptip Services may be reported to Customer Service by writing to Ziptip at Disputes@Ziptip.net or by sending a letter to Ziptip using the following address: Ziptip, Inc., 505 Beachland Boulevard, #189, Vero Beach, FL 32963.
10.2 Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10.3 Law and Forum for Disputes. Except as otherwise agreed by the parties or as described in section 10.2 above, you agree that any claim or dispute you may have against Ziptip must be resolved by a court located in the state of Delaware. You agree to submit to the personal jurisdiction of the courts located within Delaware for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of the State of Delaware, without regard to conflict of law provisions.
10.4 Improperly Filed Litigation. All claims you bring against Ziptip must be resolved in accordance with section 10 of this Agreement. All claims filed or brought contrary to section 10 shall be considered improperly filed in breach of this Agreement. Should you file a claim contrary to section 10, Ziptip may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that Ziptip has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw and revise such claim.
10.5 Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, Ziptip will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.
10.6 No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
10.7 Indemnification.You agree to defend, indemnify and hold Ziptip, its affiliates including but not limited to parent, subsidiaries, employees, officers, directors, contractors, suppliers and payment platform providers harmless from any claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Ziptip Services.
10.8 Assumption of Rights. If Ziptip pays out a Claim or Reversal that you file against a recipient of your payment, you agree that Ziptip assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, solely in Ziptip's discretion.
10.9 Release of Ziptip. If you have a dispute with one or more Users, you release Ziptip (and our officers, directors, agents, joint ventures and employees) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
11.1 Limitations of Liability. IN NO EVENT SHALL WE, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE ZIPTIP SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
11.2 No Warranty. ZIPTIP, OUR AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS PROVIDE THE ZIPTIP SERVICES AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ZIPTIP, ITS AFFILIATES INCLUDING BUT NOT LIMITED TO PARENT, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, SUPPLIERS AND PAYMENT PLATFORM PROVIDERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Ziptip does not have any control over the services, if any, that are paid for with the Ziptip Services and Ziptip cannot ensure that a party to the transaction you are dealing with will actually complete the transaction or is authorized to do so. Ziptip does not guarantee continuous, uninterrupted or secure access to any part of the Ziptip Services, and operation of our site may be interfered with by numerous factors outside of our control. Ziptip will make reasonable efforts to ensure that requests for electronic debits and credits involving its payment platform provider PayPal are processed in a timely manner but Ziptip makes no representations or warranties regarding the amount of time needed to complete processing because the Ziptip Services are dependent upon many factors outside of our control, such as actions by its payment platform provider PayPal and delays in the banking system or internet services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
11.4 Complete Agreement. This Agreement, along with any applicable policies and agreements on the Ziptip website, including the License Agreement you agreed to when you downloaded the Ziptip application, if applicable, sets forth the entire understanding between you and Ziptip with respect to the Ziptip Services. Sections 1, 5, 6, 8, 10, 11, and 12 as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.5 Translated Agreement. Ziptip may provide you with the ability to translate this Agreement to a language other than English. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.
"Account" means a Ziptip Tipper or a Ziptip Tip Recipient account.
"Agreement" means this agreement including all subsequent amendments and updates as may be posted from time to time at Ziptip.net.
"Balance" means money that you have in your Ziptip Account, if any. The terms "money" and "funds" are used interchangeably in this Agreement.
"Business Days" means Monday through Friday.
"Claim" means a challenge to a payment that a User files directly with Ziptip pursuant to section 10 of this Agreement.
"Customer Service" is Ziptip's customer support which can be accessed online by sending an email to Support@Ziptip.net.
"Days" means calendar days.
"Dispute" means a dispute filed by a User directly with Ziptip pursuant to section 10 of this Agreement.
"Fees" means those amounts stated in section 6 of this Agreement.
"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, mailing address, phone number or other information.
"Unique image" means an object or treatment that may display one or more of the following items including but not limited to Ziptip’s logo, a unique QR Code for a Tip Recipient, the Tip Recipient’s ID, and other copy unique to the Tip Recipient.
"Payment Review" means the process described in section 4 of this Agreement.
"Policy" or "Policies" means any Policy or other agreement between you and Ziptip that you entered into on the Ziptip website, or in connection with your use of the Ziptip Services.
"Restricted Activities" means those activities described in section 7 of this Agreement.
"Reversal" means the reversal of a Ziptip payment you received because (a) it is invalidated by Ziptip’s Payment Platform Provider PayPal, (b) the sender of the payment did not have authorization to send the payment (for example: the sender used a mobile phone that he/she did not own to make a payment using the mobile phone owner’s Ziptip account without authorization), (c) you received the payment for activities that violated this Agreement, the Ziptip Acceptable Use Policy, or any other Ziptip agreement or policy, or (e) Ziptip decided a Claim against you.
"Send Money" means your ability to send money though the Ziptip Services.
"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"Tip Recipient" means a User who is using the Ziptip Services to receive money or a payment.
"Tipper" means a User who is using the Ziptip Services to send money or make a payment.
"User" means any person or entity using the Ziptip Services including you.
"Ziptip," "we," "us" or "our" means Ziptip, Inc. and its affiliates including but not limited to parent and subsidiaries.
"Ziptip Services" means any and all products and services and any other features, technologies and/or functionalities Ziptip provides in connection with its facilitation of the payment of tips, gratuities and other similar payments.
Copyright © 2012 Ziptip, Inc. All rights reserved.