Terms and Conditions

1. About these terms

These terms and conditions govern your access to and use of:

• the Tipit website;

• the Tipit cashless tipping platform;

• any associated dashboards, QR codes, payment pages, accounts, applications, reports and services; and

• any other services that link to these terms,

together referred to as the Services.

Please read these terms carefully before using the Services. By accessing or using the Services, creating an account or submitting a payment through Tipit, you agree to these terms.

Additional commercial terms may apply where a business, venue or other organisation has entered into a separate agreement with us. If there is a conflict between these terms and a separately signed agreement, the signed agreement will take priority to the extent of that conflict.

2. About us

The Services are operated by Tipit Technologies Ltd (“Tipit”, “we”, “us” or “our”).

We are a company registered in England and Wales under company number 17014129.

Our registered office is:

301a Sunderland Road
South Shields
United Kingdom
NE34 6RB

3. What Tipit provides

Tipit provides technology that enables customers to make cashless tips to participating businesses, venues, teams or individual workers by scanning a QR code or using another payment link.

Depending on the configuration selected by the participating venue, a tip may be:

• allocated to an individual worker;

• placed into a shared team pot;

• allocated according to rules set by the venue;

• administered through an independent tronc arrangement; or

• distributed using another agreed allocation method.

Tipit may also provide participating businesses with account administration, reporting, analytics, staff profile management and tip-allocation functionality.

Unless expressly agreed otherwise in writing, Tipit provides the technology used to facilitate and record transactions. The participating business or venue remains responsible for its employment practices, tax arrangements, tip-allocation decisions and compliance with applicable tipping legislation.

4. Who may use the Services

You must be at least 18 years old and legally capable of entering into a binding agreement to create a business account or enter into a commercial agreement with us.

A customer may use a Tipit payment page without creating an account, subject to any age requirements imposed by the relevant payment provider.

Where you use the Services for or on behalf of a business or organisation, you confirm that:

• you have authority to bind that business or organisation;

• the information you provide is complete and accurate; and

• the business or organisation agrees to comply with these terms.

5. Business and venue accounts

Participating businesses may be required to create an account before using certain features.

You must:

• provide accurate, complete and current information;

• keep account and payment information up to date;

• keep usernames, passwords and authentication credentials secure;

• limit account access to authorised personnel;

• notify us promptly of suspected unauthorised access or security incidents; and

• ensure that staff profiles and allocation instructions are accurate.

You are responsible for activity carried out through your account unless the activity results directly from our failure to apply reasonable security measures.

We may require identity, business, banking or verification information before activating an account or enabling payments.

6. QR codes and payment links

QR codes and payment links supplied through Tipit must only be used for legitimate tipping activity connected with the participating business, venue, event, team or individual for which they were created.

You must not:

• alter or reproduce a QR code in a misleading manner;

• redirect a QR code or payment link without authorisation;

• associate a QR code with a different person, venue or service;

• place QR codes where their purpose is unclear;

• use Tipit to misrepresent a mandatory charge as a voluntary tip; or

• use another venue’s or worker’s QR code without permission.

Participating businesses must take reasonable steps to remove or disable outdated QR codes and notify us if a QR code or payment link has been lost, copied, compromised or misused.

7. Tips and payments

7.1 Voluntary payments

Unless clearly stated otherwise before payment, amounts submitted through Tipit are voluntary tips.

Customers must be given a reasonable opportunity to:

• choose whether to leave a tip;

• select or enter the amount;

• review the payment before confirming it; and

• see any applicable fees or charges before payment.

7.2 Payment processing

Payments may be processed by an authorised third-party payment provider.

The payment provider may apply its own terms, verification processes, security checks and privacy notice. Tipit does not ordinarily receive or store complete payment-card details where these are entered directly into the payment provider’s systems.

A payment may be declined, delayed, suspended or reversed where required by:

• the payment provider;

• a bank or card issuer;

• anti-fraud or security controls;

• anti-money laundering requirements;

• sanctions requirements;

• applicable law; or

• a regulatory or law-enforcement authority.

7.3 Payment authorisation

By confirming a tip, the customer authorises the applicable payment provider to charge the selected payment method for the displayed amount.

Customers are responsible for checking that:

• the recipient or venue displayed is correct;

• the selected tip amount is correct; and

• they are authorised to use the selected payment method.

7.4 Fees

Any platform, processing, administration or other fees will be disclosed in the applicable commercial agreement or payment journey.

Unless expressly stated otherwise, Tipit does not deduct fees from money legally required to be passed to workers. Participating businesses remain responsible for confirming that their arrangements comply with applicable tipping, employment and tax rules.

7.5 Settlement

Settlement times are estimates and may be affected by:

• payment-provider processing times;

• banking hours;

• weekends or bank holidays;

• verification requirements;

• fraud or security reviews;

• incorrect bank information; or

• circumstances outside our reasonable control.

We do not guarantee that funds will be available immediately after a customer confirms a tip.

8. Refunds, mistakes and disputed payments

Tips are generally voluntary payments made in recognition of service and may not be cancellable once processed.

Where a customer believes that:

• the wrong amount was entered;

• the payment was made to the wrong recipient;

• the payment was duplicated;

• the payment was unauthorised; or

• there was another transaction error,

Any refund will be subject to:

• the circumstances of the transaction;

• the availability of the funds;

• payment-provider rules;

• the rights of the intended recipient;

• applicable law; and

• any legitimate fraud or security checks.

Nothing in these terms affects any statutory rights that cannot legally be excluded.

Chargebacks or disputed transactions may be investigated by Tipit, the payment provider, the participating business and the relevant bank or card issuer.

9. Tip allocation and venue responsibilities

Participating businesses and venues are responsible for:

• deciding how tips are allocated among workers;

• ensuring that allocation arrangements are fair and transparent;

• maintaining any required written tipping policy;

• consulting workers where required or appropriate;

• providing workers with information about tip allocation;

• maintaining appropriate records;

• paying allocated tips within applicable statutory timescales;

• operating payroll, PAYE, National Insurance and tax arrangements correctly;

• complying with employment law and the Employment (Allocation of Tips) Act 2023; and

• complying with the applicable statutory code of practice.

Tipit does not act as an employer of a participating venue’s workers and does not determine their employment rights.

Where the Services permit a venue to configure allocation rules, Tipit implements the instructions provided by the venue. The venue is responsible for ensuring that those instructions are lawful, accurate and appropriate.

Nothing within the Services constitutes employment, tax, accounting or legal advice.

10. Staff and individual profiles

Participating businesses must have an appropriate legal basis and provide appropriate privacy information before adding workers or other individuals to Tipit.

Businesses must ensure that:

• profile information is accurate;

• workers understand how their information and tip data will be used;

• workers are informed of the applicable allocation arrangements;

• access is removed when no longer required; and

• information is not used for unfair or unlawful monitoring or decision-making.

Workers should contact their employer or the relevant participating venue in the first instance about tip allocation, employment records or workplace disputes.

11. Analytics and reports

Analytics, reports and dashboards may include estimated, delayed, aggregated or incomplete information.

Although we take reasonable care to provide accurate reporting, businesses must independently verify information before relying on it for:

• payroll;

• tax reporting;

• statutory records;

• accounting;

• employee payments;

• regulatory submissions; or

• other legally significant decisions.

Reports are provided for operational and informational purposes unless expressly agreed otherwise.

12. Acceptable use

You must not use the Services:

• unlawfully, fraudulently or deceptively;

• to facilitate money laundering or other financial crime;

• to process payments that are not genuine tips without our written approval;

• to evade tax or employment obligations;

• to infringe another person’s rights;

• to harass, exploit or discriminate against another person;

• to upload malicious code or interfere with the Services;

• to gain unauthorised access to accounts, systems or data;

• to test the vulnerability of the Services without written permission;

• to scrape, harvest or extract data using automated means;

• to copy, reverse-engineer or commercially exploit the Services except where permitted by law;

• to impersonate another person or organisation;

• to provide false or misleading account or recipient details; or

• in a manner that could damage Tipit’s reputation or the integrity of the payment system.

We may investigate suspected misuse and cooperate with payment providers, regulators and law-enforcement authorities where appropriate.

13. Intellectual property

All intellectual property rights in the Services, including software, designs, text, branding, graphics, databases, reports and underlying technology, belong to Tipit or its licensors.

We grant you a limited, non-exclusive, non-transferable and revocable right to use the Services for their intended purpose in accordance with these terms.

You must not use the Tipit name, logo or branding without our prior written permission, except where branding materials have been supplied for authorised use by a participating business.

Businesses grant Tipit permission to use names, logos and materials supplied by them solely to provide, configure, support and promote the Services as agreed.

14. Third-party services and links

The Services may integrate with or contain links to third-party services, including payment providers, banking providers, analytics services and external websites.

Third-party services are governed by their own terms and privacy notices. We are not responsible for third-party services that we do not control, although this does not exclude responsibility where the law provides otherwise.

15. Availability and changes

We aim to keep the Services available and functioning, but we do not guarantee uninterrupted or error-free access.

We may suspend, restrict or change all or part of the Services to:

• carry out maintenance;

• improve functionality;

• address security concerns;

• comply with legal or regulatory requirements;

• manage payment-provider requirements; or

• respond to circumstances outside our reasonable control.

Where reasonably practicable, we will provide advance notice of material planned changes affecting participating businesses.

16. Suspension and termination

We may suspend or terminate access to the Services where:

• these terms are breached;

• required information is false, incomplete or not provided;

• fees remain unpaid;

• we reasonably suspect fraud, unlawful activity or security risk;

• a payment provider or regulator requires us to do so;

• continued use presents a risk to Tipit, users or third parties; or

• a separate commercial agreement expires or is terminated.

A business may terminate its use of the Services in accordance with its commercial agreement or, where no separate termination provisions.

Termination does not affect:

• rights or liabilities accrued before termination;

• completed or pending transactions;

• obligations concerning confidentiality or intellectual property; or

• provisions intended to continue after termination.

17. Our responsibility

Nothing in these terms excludes or limits liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation; or

• any other liability that cannot lawfully be excluded or limited.

Subject to the above, Tipit will not be responsible for:

• losses caused by inaccurate instructions supplied by a business or venue;

• employment, tax or allocation decisions made by a business;

• losses caused by unauthorised account use resulting from a user’s failure to protect its credentials;

• payment delays or failures caused by banks, card issuers or payment providers;

• indirect or consequential losses;

• loss of profit, revenue, opportunity, goodwill or anticipated savings; or

• events outside our reasonable control.

Where you use the Services as a consumer, we are responsible for losses that are a foreseeable result of our breach of these terms or our failure to use reasonable care and skill.

18. Indemnity for business users

A business user will be responsible for reasonable losses, costs and claims incurred by Tipit as a direct result of:

• unlawful allocation instructions;

• the business’s breach of employment or tipping legislation;

• inaccurate recipient or banking information supplied by the business;

• misuse of QR codes or payment links by the business;

• unlawful content or personal information supplied by the business; or

• a material breach of these terms,

except to the extent that the loss was caused by Tipit.

19. Personal information

Our use of personal information is explained in our Privacy Policy.

Participating businesses may also act as separate data controllers for worker, customer and transaction information. Their own privacy notices may apply in addition to ours.

20. Confidentiality

Each party must protect confidential information received from the other and use it only for the purpose for which it was provided.

This obligation does not apply to information that:

• is already lawfully public;

• was lawfully known without restriction;

• is received lawfully from a third party;

• is independently developed; or

• must be disclosed by law or a competent authority.

21. Events outside our control

We will not be responsible for delay or failure caused by circumstances outside our reasonable control, including failures of telecommunications networks, banking systems, payment providers, hosting services, utilities, labour disputes, cyber incidents, natural disasters, governmental action or widespread internet disruption.

22. Changes to these terms

We may update these terms to reflect changes to:

• the Services;

• our business operations;

• payment arrangements;

• legal or regulatory requirements; or

• security and industry practices.

The latest version will be published on this page with an updated revision date.

Where a change materially affects a participating business’s rights or obligations, we will provide reasonable notice where practicable.

23. Transferring rights

You may not assign or transfer your rights under these terms without our written permission.

We may transfer our rights and obligations to another organisation, provided that doing so does not reduce any applicable consumer protections.

24. No waiver

If we do not enforce a provision immediately, this does not mean that we have waived our right to enforce it later.

25. Severability

If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in effect.

26. Third-party rights

Unless expressly stated otherwise, no person other than you and Tipit has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

27. Governing law and jurisdiction

These terms are governed by the laws of England and Wales.

If you are a consumer resident in another part of the United Kingdom, you may also have the right to bring proceedings in your local courts.

Business users agree that the courts of England and Wales will have exclusive jurisdiction over disputes arising from these terms.

28. Contact us

Questions about these terms or the Services can be sent to:

Tipit Technologies Ltd
301a Sunderland Road
South Shields
United Kingdom
NE34 6RB