Terms of Use

1. General provisions

1.1. E TIPS LIMITED (an ADGM company with registration Number 5742) (hereinafter referred to as the "Operator" or “E-tips”) has developed and approved this "Term of Use".

1.2. The User must read this Terms of Use before using the Service and accept to be bind by these terms in full with the terms of Registration stipulated in this Agreement. If the User does not agree with the terms of the Terms of Use, the User will not be able to use the Service.

1.3. Acceptance of this Terms of Use and the Privacy Policy is carried out:

• If a User as a Employee – by confirming the account at the Service. When performing Registration actions, the Waiter puts a check mark box "I agree with the terms of the Terms of Use and the Privacy Policy". The Waiter's failure to comply with the terms of the Terms of Use and the Policy results in the Waiter’s inability to use the Service.
• If a User as a Company - by confirming the account at the Service. When performing Registration actions, the authorized person of the Company puts a check mark box "I agree with the terms of the Terms of Use and the Privacy Policy". The Company's failure to comply with the terms of the Terms of Use and the Policy results in the Company ’s inability to use the Service.

BY CLICKING "I AGREE" DURING THE REGISTRATION PROCESS OR WHEN ACCESSING OR USING THE SERVICES, THE USER EXPRESSLY AGREES THAT THE USER UNDERSTANDS AND ACCEPTS E-TIPS'S PRIVACY POLICY.

Upon registration, a Employee and/or a Company will have an individual account with E-Tips (see Article 2).

2. Definitions

2.1. Service – the E-Tips service, which available when using the website at: https://e-rockets.io, the main function of which is to provide the possibility of voluntary and gratuitous transfer of funds in non-cash form (tips) from the Guest to the Company’s staff, by transferring funds to Company 's business bank account.

2.2. Registration – Prior to accessing and using the Services, the a Waiter or a Company (an Employee or a Company upon registration – “User(s)”) must register for the account. Registration involves registration on the Website providing your full name, email address and creating a secure password.

Upon entering the information, the User will read and enter into this Agreement and agree to E-Tips's Privacy Policy. Upon entering into this Agreement, the User will be required to provide payment card, of credit card information including, the cardholder's name, the billing address, the card number, its expiration date and verification code. The Operator will be unable to submit orders until this process is complete.

2.3. The User is any user of the Service. The Service divides four categories of Users, which differ in the scope of their rights and responsibilities: "Guests", "Employees", " Administrators" and “Companies”.

• Guest – an unregistered User of the Service who has the right to make voluntary and gratuitous money transfers using the Service's functionality, as well as to leave feedback about the work of the Employees.
• Employee – a registered User of the Service who can review Guests feedbacks, and access and/or change his/her personal information in the Service.
• Administrator – a registered User of the Service, who is an authorised representative of the Company and can provide access to the Service to Employees, and controls the received money transfers (tips) and reviews. The Company guarantees that whoever enters the Service with the login and password of the Administrator is an authorised representative of the Company.
• Company a registered User of the Service, which receives money transfers (tips) from Guests and then transfers it to the Employees and other Company’s staff.

2.4. Payment system – partner (s) of the Service, including, but not limited to Stripe (Stipe.com), that provides the possibility of making a non-cash transfer of funds (tips) from Guests to Companies to be later distributed between the Employees.

2.5. Personal data – any information about the User obtained during the use of the Service.

2.6. Confidential information – information transmitted by the User to the Operator in accordance with these Terms of Use, which includes, but is not limited to the following: commercial, contractual and financial information, as well as all documents and/or other information prepared in writing or otherwise by the User, which reflect and/or include such information. Information that is subject to protection and non-disclosure in accordance with this Agreement does not include information posted by the User in open access on the Service's resources and on other sites and services, as well as other information that cannot be confidential information in accordance with the current legislation of the United Arab Emirates.

3. Using the E-Tips Service

3.1. The Operator provides a service that facilitates the transfer of money (tips) from the Guest to the Company using the Payment System and getting feedback from the Guests. And act as tool to evaluate the performance of Company’s Employees.

3.2. The service provides the following features:

• voluntary gratuitous transfer of funds from the Guest to the Company exclusively in non-cash form through the use of a Payment system;
• Guest feedback on the service quality.

3.3. A voluntary gratuitous transfer of funds (Tips) may be made in one of the following ways:

• payment by Guest's bank card using the Service and Payment System;
• payment by Guest's bank card using the Service and Payment System via mobile payment systems (Apple Pay, Google Pay and / or Samsung Pay).

3.4. In order to receive money from the Guest, the Company must provide E-Tips with the following documents and information to fulfill the KYC requirements of the Payment system:

For the COMPANY: Company name; Company address; Company phone; Company tax ID; Executives provided; Owners provided.

DOCUMENTS: Trade license; Memorandum of Association; Proof of bank account.

REPRESENTATIVE: Name; Date of birth; Address; Email; Phone; Tax information; Relationship with company; Nationality; Passport.

OWNER(s): Name; Date of birth; Address; Tax information; Nationality; Passport (scan). This information is to be provided for every owner, having more than 25% shareholding in the Company.

EXECUTIVE: Name; Date of birth; Address; Tax information; Nationality; Passport.

The documents and information could be provided either by e-mail, or by filling in the form on the Service or the Payment System.

3.5. The Administrator enters the contact and personal details of the Employees in the Service. The Service generates a registration link and sends it to the Employees. The Administrator guarantees the Employee's consent to transfer their personal data to the Operator. The Employee, after clicking on the registration link, confirms the correctness of personal data or corrects the displayed personal data, adds additional personal data, creates his password and confirms consent to the terms of these Terms of Use and the Privacy Policy. The waiter's code (login) is assigned by the Administrator, and the password is formed by the Employee independently.

The Employee, after clicking on the registration link, confirms the correctness of personal data or corrects the displayed personal data, adds additional personal data, creates his password and confirms consent to the terms of these Terms of Use and the Privacy Policy. The waiter's code (login) is assigned by the Administrator, and the password is formed by the Employee independently.

3.6. The Company account in the Service and an account in the Payment System is created by the Operator following a personal meeting or an application sent to the Operator at the following email address: tips@e-tips.me. After receiving the request of the Administrator the Operator generates a registration link and sends it to the Administrator’s e-mail. The Administrator, after clicking on the registration link creates his password and confirms consent to the terms of these Terms of Use and the Privacy Policy.

3.7. By joining this Terms of Use and providing the Operator with information, the User is responsible for the accuracy of the data provided.

3.8. The User guarantees that all information provided to them, including photos of Employees, does not violate the intellectual rights of third parties.

3.9. The Operator is not responsible for the purpose and reason of transferring funds from the Guest to the Company.

3.10. The User (Guest or Company) is responsible for calculating and paying any taxes and fees may stipulated by law that arise in connection with the use of the Service.

3.11. The Operator reserves the right at any time to set and / or change the individual limit of each Guest for the transfer amount per day/month/for any other period, as well as to check the purpose of the transfer in order to protect the rights and legitimate interests of the Guest and third parties.

3.12. The Operator charges a commission for money transfers from the Guest to the Company. The Company agrees that the Operator's remuneration for using the Service is the commission withheld by the Payment System. The Service transfers funds to the Company upon request, minus the Operator's commission, through the use of a Payment System. The Operator's commission amount is displayed in the Administrator’s account.

3.13. Payment processing services for Companies on E-Tips 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 agreeing to these Terms of Use or continuing to operate as a Company on E-Tips, 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 E-Tips enabling payment processing services through Stripe, you agree to provide E-Tips accurate and complete information about you and your business, and you authorize E-Tips to share it and transaction information related to your use of the payment processing services provided by Stripe.

4. Rights and obligations of the User and Operator

4.1. The User has the right to:

• use the Service's functionality in accordance with the User category assigned to it.
• transfer Confidential Information to the Operator in order to perform actions necessary for using the Service.
• refuse to receive informational messages by sending a notification to the Operator's email address support@e-tips.me;
• restrict access to your personal data in whole, by refusing to use the Service, or in part, provided that the use of the Service is possible without access to the relevant data, by sending a notification to the Operator at the following email address: support@e-tips.me;
• contact the Service's support team with questions, complaints, and suggestions related to the operation of the Service by sending an email to: support@e-tips.me. The claims should be submitted within 10 (ten) business days from the date of occurrence of the event in connection with which the claim is sent, otherwise the claim is considered waived. The requests for refund of tips paid through the Service can only be made before the money are transferred to the Company by the Payment system;
• Employees and Administrators have the right to get access to information about the reviews left about the work of Employees.

4.2. The User undertakes to:

• provide reliable, up-to-date, accurate and complete information when using the Service. The User agrees that the Operator is not obliged to verify the accuracy of the information provided by the User;
• update the Personal Data provided during registration, if they are changed;
• not to perform actions on behalf of another real or existing person, not to provide personal information of third parties, do not use the information of third parties in any other way that does not meet the requirements of the legislation of the United Arab Emirates. The User is responsible for these actions, including those that caused losses to the Service;
• not to transfer your account and/or login and password of your account to third parties, and be responsible for the security of this information.

4.3. The Operator has the right to:

• change the terms of the Terms of Use and the Privacy Policy;
• refuse the User to use the Service at any time. The Operator is not obliged to disclose to the User the reasons for refusing to use the Service.
• use third parties’ services to achieve the purposes of using the Service, in compliance with the terms of confidentiality and other conditions stipulated in this Terms of Use;
• use the Company’s logo and business name in promotional materials, and on its website.

4.4. The Operator undertakes to:

• provide services to the User in accordance with this Terms of Use;
• perform all the actions reasonably necessary to maintain the functionality of the Service, except in cases where this is impossible due to reasons beyond the Operator's control. For the avoidance of doubt, the Operator completely excludes and does not undertake any liability for the availability of the Service. The Service is provided “as is” without any additional guarantees as to its performance.
• perform the Services with the highest level of care, skill and diligence in accordance with best practice in the Operator 's industry, profession or trade;
• appoint an account manager, who shall have authority to contractually bind the Operator on all matters relating to the Services;
• ensure that it obtains, and maintains all consents, licences and permissions (statutory, regulatory, Contractual or otherwise) it may require and which are necessary to enable it to comply with its obligations in the User Agreement and the Terms of Use;
• ensure that the Services shall conform in all respects with the service description set out in Terms of Use and that the Deliverables shall be fit for any purpose that the Company expressly or impliedly makes known to the Operator;
• provide technical support and other items required to provide the Services;
• not do or omit to do anything which may cause the Company to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business;
• notify the User in writing immediately upon the occurrence of a change of control of the Operator; and
• ensure the safety and non-disclosure of Confidential Information provided by the User in accordance with these Terms of Use. The Operator undertakes not to disclose, provide, distribute, discuss or reproduce Confidential Information to any person without the User's express consent, except in cases stipulated by the legislation of the United Arab Emirates or these Terms of Use

5. Liability

5.1 The User shall assume sole responsibility for any authorized or unauthorized access to and use of the User's account. This applies whether User or any other person is physically accessing and using the Services. Any activity on the account is deemed to be done by the User whether it is User or not. The User therefore is responsible for maintaining control of its account, the confidentiality of its payment card information, the charges to its payment cards and the orders that are submitted.

5.2. E-Tips, and their respective licensors, will under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website, the Services, or this Agreement, for:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or,
• any special, indirect, punitive, incidental, exemplary or consequential damages, even if advised of the possibility of such damages or losses

6. Final provisions

6.1. This Terms of Use comes into force from the moment of acceptance of the Terms of Use and the Privacy Policy in accordance with the procedure established in clause 1.3 of the Terms of Use.

6.2. If any provision or part-provision of these Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

6.3. Acceptance of this Terms of Use expresses the User's full consent to the terms of the Terms of Use.

6.4.The Operator may at any time and from time to time modify or discontinue, temporarily or permanently, the App or the Services, or any portion thereof, with or without notice. The End User agrees that E-Tips shall not be liable to the End User or any third party for any modification, suspension or discontinuance of the Website or Services.

6.5. The Operator is not responsible for the services provided by third parties, including Service partners.

6.6. The operator is not responsible for delays in money transfers due to incorrectly specified details of the recipient or problems that have occurred on the side of the recipient's bank.

6.7. The Operator has the right to make amendments and alterations to this Terms of Use by posting a new version of the Terms of Use on the website and in the application of the Service. The User undertakes to check this Terms of Use periodically for changes (the document specifies the date of its publication). Changes to the Terms of Use made by the Operator will take effect after 3 (three) business days from the date of publication of the new version of the Terms of Use. The User has the right to refuse to accept changes and additions to this Terms of Use, which means that the User refuses to use the Service.

6.8. This Terms of Use is available on the Operator’s website.

6.9. To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available”, with all faults and without warranty of any kind, and we disclaim all warranties and conditions with respect to the Service, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights.

We do not warrant against interference with your enjoyment of the Service, that the functions contained in the Service will meet your requirements, that the operation of the Service will be uninterrupted or error-free, or that defects in the Service will be corrected.

No oral or written information or advice given by us or our authorised representative shall create a warranty.

6.10. In the event of a dispute arising out of or relating to the User Agreement or these Terms of Use, including any question regarding its existence, validity or termination, Parties shall first seek settlement of that dispute by mediation in accordance with the Mediation Rules of the ADGM Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.

If the dispute is not settled by mediation within 30 days of the commencement of the mediation, or such further period as User and Operator shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Rules of the ADGM Arbitration Centre, which Rules are deemed to be incorporated by reference into this Clause.

The language to be used in the mediation and in the arbitration shall be English. In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one and the seat, or legal place, of arbitration shall be ADGM, Abu Dhabi, United Arab Emirates. Any award and/or final decision of the arbitrators shall include a decision on costs, including, without limitation, fees of counsel.

These Terms of Use are legal and binding between the Parties as stated above. The User Agreement and these Terms of Use may be entered into and is legal and binding between Parties both in the United Arab Emirates as well as internationally. The Parties each represent that they have the authority to enter into the User Agreement and these Terms of Use. Parties must be 18 or over to enter into Agreement.

This versions of Terms of Use is published on 21 JUNE 2022