The terms and conditions stated herein (collectively, the "Agreement") constitute a legal and binding agreement between you and Bene Tipping, LLC, a Virginia limited liability company (together with its successors and assigns, the "Company"). By using or receiving any services supplied to you by the Company (the "Service") or downloading, installing or using any associated application, platform or web portal supplied by the Company (collectively the "Application"), the purpose of which is to enable you to use the Service, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at benetipping.com/terms or through the Application.
The Company reserves the right to modify this Agreement or its policies relating to the Service or the Application at any time, effective upon posting of an updated version of this Agreement on the Company website or the Application. Continued use of the Service or the Application after any such changes shall constitute your consent to, and acceptance of such changes.
The Company provides a platform for a consumer to transfer tips to service providers via a credit card or electronic payment. PLEASE NOTE THAT SERVICE PROVIDERS ARE NOT EMPLOYED BY OR ASSOCIATED WITH THE COMPANY, AND THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED BY SERVICE PROVIDERS.
By using the Application or the Service, you expressly represent and warrant that you have the right, authority and capacity to enter into this Agreement, and agree to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts your ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and the Service.
Without limiting the foregoing, the Service and the Application is not available to persons under the age of 18. By using the Application or the Service, you represent and warrant that you are at least 18 years old. Your use of the Service and/or the Application is solely for your personal use. You may not authorize others to use your user credentials, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or the Service you agree to comply with all applicable laws.
You may only access the Service through the Application using authorized means and in an authorized manner. It is your responsibility to ensure that you download, install and use the correct version of the Application for your device. The Company reserves the right to terminate this Agreement should you be using the Service or the Application with an incompatible or unauthorized device, or in an unauthorized manner.
By using the Application or the Service, you agree that: (i) you will only use the Service or the Application for lawful purposes; (ii) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes; (iii) you will not use the Service or the Application to cause nuisance, annoyance or inconvenience; (iv) you will not impair the proper operation of any computer or cellular network; (v) you will not try to use the Service or the Application in an unauthorized manner; (vi) you will not copy, or distribute the Application or any of its content without written permission from the Company; (vii) you will only use the Application and the Service for your own individual use; (viii) you will keep secure and confidential your user credentials, including account password or any identification we provide you which allows access to the Service and the Application; (ix) you will provide us with proof of identity we may reasonably request to provide the Service; (x) you will only use an access point, Wi-Fi, Internet or 3G/4G/LTE/5G data account (AP) that you are authorized to use; (xi) you are aware that standard-messaging charges may apply for use of SMS services; (xii) you will not breach this Agreement or any other agreement that you have entered into with us in connection with the Service; (xiii) you will not violate any federal, state, or local laws, rules, or regulations applicable to your business; (xiv) you will provide us with any information that we reasonably request about you or your business activities, and will not provide us with false, inaccurate or misleading information; (xv) you will not submit any transaction for processing through the Service or the Application that does not represent a bona fide, permissible transaction as outlined in this Agreement, or which inaccurately describes the product or services being sold.
When you register to use the Service by establishing an account, we will collect certain personal data ("Personal Data") as necessary to offer and fulfill the Service. You agree to provide the necessary Personal Data to be able to use the Service and the Application requested by the company in compliance with Company's rules and relevant laws and regulations. Personal Data can include, but may not be limited to, name, postal address (including billing, residential, work and/or shipping addresses), telephone number, email address, payment card number, other financial account information, account number and government-issued credentials (e.g., driver’s license number, national ID, passport, Social Security number and Taxpayer ID). By using the Application or the Service, you understand the potential risks of sharing Personal Data, that sharing Personal Data is voluntary, and agree to provide it in order to use the Service and the Application. In case you decide not to share Personal Data, you hereby authorize the Company to close the account and cancel any transaction(s).
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application; and (ii) access the Service, in each case, solely for your own personal use.
In connection with the foregoing grants, you agree that you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet "links" to the Service or "frame" or "mirror" the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application for any unauthorized purpose, including in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests, or unduly burden or hinder the operation and/or performance of the Service or the Application; (vi) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or violate of third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iix) interfere with or disrupt the integrity or performance of the Application or the Service or the data contained therein; or (ix) attempt to gain unauthorized access to the Application or the Service or its related systems or networks.
The Company hereby reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that the Company has no obligation to monitor your access to or use of the Service and the Application, but has the right to do so for the purpose of operating the Service and the Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to the Service or the Application that the Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or the Application. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE.
Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
You hereby acknowledge and agree that (i) this Agreement is concluded between you and the Company only, and not Apple, (ii) the Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof; and (iii) your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain user content (e.g., pictures and photographs) ("User Content"). Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content; provided, that, by making available any User Content on or through the Service or the Application, you hereby grant to the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through any lawful means.
You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or the Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Company hereby reserves the right to terminate access and use of the Service and the Application in appropriate circumstances in which users repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Any fees, including but are not limited to the Platform Fees and Card Purchase Fees (both defined below), that the Company may charge you for the Application or the Service are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, or our decision to terminate your usage, of the Service or the Application; any disruption to the Application or the Service, either planned, accidental or intentional; or any other reason whatsoever. The Company may change the fees for the Service or the Application, as we deem necessary for our business. It is your obligation to periodically check Company website and this Agreement to confirm applicable fees for the Service or the Application.
The fees payable for the Service are calculated as described below and are to be paid in U.S. dollars (the “Platform Fee”) on each gratuity transaction (the "Gratuity Transaction"). Platform Fee will be charged to the user making the gratuity payment (the "Customer") and is not part of the total amount of the gratuity payment by the Customer that is transmitted to the service provider (the "Service Provider").
The following Platform Fee shall apply to each Gratuity Transaction: Platform Fee of 7.9% of the amount of the Gratuity Transaction plus 30 cents.
Payment processing services for the Service and the Application are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By entering into this Agreement or continuing to utilize the Service and the Application, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide the Company accurate and complete information about you and your business, and you authorize the Company to share it and transaction information related to your use of the payment processing services provided by Stripe.
Users registered and utilizing the Service and the Application a Service Providers or employer (the "Employer") may, from time-to-time, choose to order personalized QR code cards ("Gratuity Cards") in order to facilitate non-face-to-face Gratuity Transactions with Customers. Such Gratuity Card orders are subject to fees outlined in the Application ("Card Order Fees"). Card Order Fees are subject to change without notice. It is your obligation to carefully examine such fees prior to placing each Gratuity Card order.
You may not use the Service and the Application in connection with any product, service, transaction or activity that: (i) violates any law or government regulation, or promotes or facilitates such by third parties; (ii) violates any rule or regulation of Visa, MasterCard, American Express, Discover or any other electronic funds transfer network (each, a "Card Network"); (iii) is fraudulent, deceptive, unfair or predatory; (iv) causes or threatens reputational damage to us or any Card Network; (v) results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability; (vi) involves money laundering, transmission or money service businesses; (vii) involves payments to friends or family; (viii) involves age restricted products or services; (ix) involves the use of pre-paid cards, for payments or deposits, check cashing, wire transfers or money orders; (x) involves bidding fee auctions and collection agencies, currency exchanges or dealers; (xi) involves counterfeit goods or any product or service that infringes upon the copyright, trademark or trade secrets of any third party; (xii) involves gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services) or "get rich quick" schemes; (xiii) involves drug paraphernalia, marijuana dispensaries, pseudo pharmaceuticals, substances designed to mimic illegal drugs and related businesses; (xiv) involves online or other non-face-to-face pharmacies or pharmacy referral services; (xv) involves online or other non-face-to-face tobacco or e-cigarette sales; (xvi) involves the use of prepaid phone cards, phone services or cell phones ("burners") or "jail broken" phones; (xvii) involves products or services that promote hate, bullying, violence, harassment or abuse; (xviii) involves sexually-oriented or pornographic products or services; (xix) involves sharing cardholder’s data with another customer or merchant; (xx) involves sports forecasting or odds making; and (xxi) involves virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world.
If, in our sole discretion, we believe that you may have engaged in any violation of this user policy, we may (with or without notice to you) take such actions, as we deem appropriate to mitigate risk to the Company and any impacted third parties and to ensure compliance with this agreement. Such actions may include, without limitation: (i) Immediate cancellation of user’s account with or without notice; (ii) blocking, holding and/or reversing the funds, settlement or completion of payment(s); (iii) suspending, restricting or terminating user(s) access to and use of the Services; (iv) terminating our business relationship with the user, including termination without liability to the Company; (v) taking legal action against you; (vi) contacting and disclosing information related to such violations to persons who have purchased goods or services from you, any banks or Card Networks involved with your business or transactions, law enforcement or regulatory agencies, and other third parties that may have been impacted by such violations; and (vii) assessing against user any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which user(s) agree to pay promptly upon notice.
As between the User and the Company, the Company (and/or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or any other party relating to the Application or the Service. The rights granted under this Agreement are not a sale and Company does not convey to User any rights of ownership in, or related to, the Application or the Service, or any intellectual property rights owned by the Company. The Company name and logo, and the product names associated with the Application and Service, are trademarks of the Company or third parties, and no right or license is granted to use them.
By entering into this Agreement and using the Application or the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, including providers of services arranged via the Service or the Application, or (iii) your use or misuse of the Application or the Service.
The Company’s practices with respect to the collection and use of data and information is governed by Bene Tipping, LLC’s Privacy Policy, which is incorporated by reference into this Agreement and may be found at benetipping.com/privacy.
You agree that the Company may retain personal data to fulfill any legal and regulatory obligations and for business purposes, even after, and if your account is closed or cancelled. You understand that personal data and transactional data cannot be deleted for potential legal and/or regulatory obligations. The Company may retain personal data for longer periods than required by law if it is in the Company's legitimate business interests and not prohibited by law. If the user account is closed, we may take steps to mask personal data and other information, but we reserve an ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such personal data in accordance with the Privacy Policy.
Users registered and utilizing the Service and the Application as Service Providers may choose to associate their account with an Employer. As part of this association, the Company may share certain personal information related to your account, including but not limited to, name, industry and position information, and amount and time of gratuity payments that you receive. You hereby, understand that such Employer association is voluntary and must be initiated by you, and agree to Company sharing such personal information with the Employer.
Users registered and utilizing the Service and the Application as Employers may choose to accept association request from Service Providers. As part of this association, the Company may share certain personal information related to such Service Provider accounts, including but not limited to, name, industry and position information, and amount and time of gratuity payments that they receive. You hereby, understand that such personal information is confidential, and agree to keep such information secure, utilize it only for internal business purposes, and not disclose such information to persons or entities outside of your organization, except as compelled by applicable law or regulations.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR THE APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (II) THE SERVICE OR THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (V) ERRORS OR DEFECTS IN THE SERVICE OR THE APPLICATION WILL BE CORRECTED, OR (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY THE COMPANY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
USE OF THE SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITH RESPECT TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF COMPANY AND ITS LICENSORS, AFFILIATES, OFFICERS, DIRECTORS AND AGENTS UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE LESSER OF THE FEES PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CAUSE OF ACTION AND ONE HUNDRED DOLLARS ($100).
THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR THE APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE QUALITY OF THE SERVICES PROVIDED THROUGH THE USE OF THE SERVICE OR THE APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO ACTIVITIES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time either by (i) confirmed e-mail to the Company at the following email address: support@benetipping.com or (ii) mail, in which case, the letter should be delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following address: Bene Tipping, LLC., P.O. Box 143, Great Falls, Virginia 22066, Attention: Managing Director.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of the assets of the business to which this Agreement relates, or (iii) a successor by merger or other change of control transaction. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
All questions or disputes concerning this Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
You and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, "Disputes") will be settled by binding arbitration.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and the Company otherwise agree in writing, the arbitration will be conducted in the county of Fairfax of the Commonwealth of Virginia. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
All provisions of this Agreement that by their nature should survive termination of this Agreement shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
This Agreement, including the Privacy Statement, constitute the entire agreement between you and the Company and govern your use of the Service and the Application, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and the Company on the subject matter hereof.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service or the Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement and all other applicable terms referred to herein comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Your privacy matters to Bene Tipping, LLC (the "Company", "we", or "us"). This Privacy Policy explains how we collect, use, share and protect information about you. We also provide information regarding how you can access and update your information. This Privacy Policy covers both our "online" (e.g., web and mobile services, including any web sites operated by us, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and "offline" (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company. Our "online" and "offline" activities are collectively referenced as the "Service."
BY USING THE SERVICE OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review the following carefully so that you understand our privacy practices. If you do not agree to this Privacy Policy, do not use the Service or give us any of your information. In addition, please review our Terms and Conditions, which may apply to your use of the Service. This Privacy Policy is incorporated by reference into the applicable Terms and Conditions.
As you utilize the Service, we may ask you to provide us with certain categories of information such as personal information, which is information that could reasonably be used to identify you personally, such as your name, e-mail address, and mobile number ("Personal Information"). We may collect this Personal Information through various forms and in various places through the Service, including account registration forms, contact-us forms, or when you otherwise interact with us. When you sign-up to use the Service, you create a user profile. The current required data fields are e-mail, password, name, mobile phone number, and address.
If you choose to upload a photo when registering for the Service, the photo may be viewable by us and by customers who is providing the gratuity so that they are able to verify your identity. You may remove or update the photo at any time by logging into your account.
In addition to any Personal Information or other information that you choose to provide to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to the Service, all of the areas within the Service that you visit, and the time of day that you visited, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Service. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Service (a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier. Usage Information may be anonymous or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information. In addition, tracking information is collected as you navigate through the Service, including, but not limited to geographic areas. The mobile phone will send GPS coordinates to our servers. We collect this geolocation information for various purposes, including to prevent unauthorized/fraudulent access to the Service, to provide you with customer support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. A few of the methods that may be used to collect Usage Information include, without limitation: cookies, web beacons, and embedded scripts.
Users registered and utilizing the Service as Service Providers may choose to associate their account with an Employer. As part of this association, the Company may share certain personal information related to your account, including but not limited to, name, industry and position information, and amount and time of gratuity payments that you receive. You hereby, understand that such Employer association is voluntary and must be initiated by you, and agree to Company sharing such personal information with the Employer.
Users registered and utilizing the Service and the Application a Service Providers or employer (the "Employer") may, from time-to-time, choose to order personalized QR code cards ("Gratuity Cards") in order to facilitate non-face-to-face Gratuity Transactions with Customers. The Company is using a third party provider to fulfill these order, and may share certain personal information related to Service Provider or Employer account to fulfill these orders. The information shared may include but not limited to, name, address and telephone number.
We will not provide Personal Information of the user making the gratuity payment (the "Customer") to the person receiving the gratuity (the "Service Provider") or any other user of the Service.
We may, from time to time, supplement the information we collect with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. We may combine the information we receive from those sources with information we collect through the Service. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise.
The Service is primarily provided through an application on your mobile, tablet computer or similar device ("Mobile Application"). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications.
When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation: preferred language and country site (if applicable); phone number or other unique device identifier assigned to your mobile device – such as the International Mobile Equipment Identity or the Mobile Equipment ID number, IP address of your mobile device, manufacturer and model of your mobile device, mobile operating system, the type of mobile Internet browsers you are using, geolocation, information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application
We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways: (i) to operate and improve our Mobile Applications, the Service, our company’s services, and tools; (ii) to create aggregated and anonymous information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses; (iii) to prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application, and to investigate fraud, chargeback or other matters; (iv) to customize the content or services on the Mobile Application, or the communications sent through the Mobile Application.
With respect to geo-location data, except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to utilize the Service.
We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade the information we have collected about you, including Personal Information, other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes.
We use third party companies and individuals to facilitate the Service, provide or perform certain aspects of the Service on our behalf, to host the Service, perform payment processing, card orders, design and/or operate the Services’ features, track the Services’ analytics, engage in anti-fraud and security measures, provide customer support, provide geo-location information, enable us to send you special offers, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement to the Service), or perform other administrative tasks. We may provide these vendors with access to user information, including Personal Information; this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us.
While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information.
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for online and mobile Service or other policies applicable to any online and mobile Service, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, the Service or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; and/or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.
We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, you may correct, delete inaccuracies, or amend information by making the change via the Application. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you wish to cancel your account you may, contact us through support@benetipping.com. We will retain your Personal Information and Usage Information (including geo-location) for as long as your account is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geo-location, trip history, transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an account (such as addressing chargebacks from your credit card companies), investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other lawful business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our services effectively, but our use of the anonymized data will be solely for analytic purposes.
The Services are not directed toward minors, and no one under 18 (and certainly no children under 13) are allowed to register or utilize the Service. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information as soon as reasonably practical. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at support@benetipping.com.
The Personal Information and Usage Information we collect is securely stored within our databases, and we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain (we do not retain your entire credit card information) and geo-location information. However, because no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk.
From time to time, we may update this Privacy Policy to reflect changes to our information practices. Any changes will be effective immediately upon the posting of the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices.
California’s “Shine the Light” law, California Civil Code § 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business’ practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose Personal Information of customers to third parties for the third parties’ direct marketing purposes unless the customer first affirmatively agrees to the disclosure (opt-in) or if the customer has exercised an option to opt-out of such information-sharing (opt-out). We have elected to follow this alternative approach and, therefore, we do not share Personal Information of customers with third parties for the third parties’ direct marketing purposes unless you provide us with permission at the time you provide such Personal Information.
