These Terms govern the relationship between you and TIPKING (as defined below) and apply to all our products and/or services.
1. Who we are:
This application is operated, and its services are offered by TIPKING LLC (“we“, “us” or “TIPKING“). We are a Swiss limited liability company with registration number CHE-491.718.702 and our domicile is Am Rainbach 6, CH-6340 Baar, Switzerland.
2. Requirements to use our services:
To use our services, you must be at least 18 years old and living/domiciled in a country where the use of our services is permitted by law.
To use our services, you may create an account (“User Account“). You may authenticate your User Account by using a valid account of certain third-party platforms (such as Facebook, Google etc.). When creating a User Account, you must provide the required data about you and ensure that the data is complete and accurate. You shall update your data as and when it changes. You must not provide any false information or abuse the identity of another person.
TIPKING may request additional information or documentation to verify your identity.
You must have no more than one User Account and you confirm that you were not previously terminated or suspended by us because you violated any of our Terms and/or the applicable law.
3. Availability of our services:
We may make changes to or suspend or withdraw our services at any time. This may include updates and changes from time to time for any reason (such as to improve performance, enhance functionality or address security issues). We will try (but cannot promise) to give you reasonable notice of any major changes, suspensions, or withdrawals if it affects you.
We do not promise that our services are compatible with all devices and operating systems. You are responsible for configuring and maintaining your hard- and software to use our services.
We are not responsible for the availability of the internet, or any errors in your connections, hard- or software that may occur in connection with your use of our services.
While we try to make sure that our services are secure and free from bugs and viruses, we cannot promise that they will be.
4. Your obligations
You oblige to use our services only in accordance with its purpose, these Terms and the applicable law. You must refrain from any improper or illegal use.
You must not do anything that violates our or someone else’s rights, including, but not limited to, intellectual property rights (see section 9), personality rights, unfair competition, privacy, and data protection rights.
Your User Account is personal and may not be made accessible to any other person. You must keep your User Account credentials secure and confidential and you are fully responsible for any activity that occurs with your User Account.
Any content that you make available in your User Account (such as profile pictures, information about you, etc.) must comply with all applicable laws, these Terms and must not infringe the rights of third parties. We can (but are not obligated to) review and/or remove any of your content to verify and maintain compliance.
In case you violate any of the obligations in this section, you shall indemnify us in full against all damages, losses and expenses (including lawyer’s fees).
5. Your relationship with the Tip Recipient
For the purposes of these Terms, a “Tip” means an amount of money given voluntarily, without or beyond legal obligation. The “Tip Recipient” means the intended recipient of your Tip.
Your contractual agreement/relationship with the Tip Recipient (if any) does not involve TIPKING and is independent of these Terms and TIPKING. TIPKING is not a party to the contractual agreement/relationship, if any, between Tipper and Tip Recipient and, accordingly, is not responsible and may not be held liable for any services (rendered or promised) by the Tip Recipient. You shall indemnify us in full against any claims in connection with your Tip brought by the Tip Recipient against us.
You must not use our services, our products and/or Tips for any purpose which is unlawful in any way and/or contrary to public decency (in particular, but not limited to, money laundering and drug trafficking).
6. Processing of your Tip
You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Tip. You understand and accept that certain fees and/or taxes may be deducted from your Tip. For example, your payment card provider may charge you currency conversion fees.
7. Exclusion of liability
TIPKING excludes all liability arising out of or in connection with the Agreement and the provision of its services (and in particular, but not limited to, the processing of Tips) unless it would be unlawful to do so based on applicable mandatory law. This exclusion of liability entails, in particular, but not limited to, lost profits, lost revenue, financial losses and/or indirect damages as well as consequential damages.
The liability for third parties, which we use for the fulfilment of our obligations, is expressly excluded.
8. Our Rights
TIPKING reserves all rights in the event of a breach of these Terms or other violations of the law and may, in particular, may, in particular, suspend or terminate a User Account, without you being entitled to a refund or compensation.
9. Intellectual Property
TIPKING (or its licensors) own all intellectual property to and in connection with our services (for example, the content on and design of our website, our logo, the know-how, databases, source code, etc.).
You must not use any of our intellectual property (other than for your own personal use according to these Terms).
You may delete your User Account and terminate the Agreement at any time.
Subject to section 8, we may terminate your agreement upon giving you adequate notice.
Any existing claims we may have against you are not affected by the termination.
11. Data Protection
We comply with applicable data protection rules/laws. For more information about how we process personal data, please refer to our Privacy Notice: [Insert link here].
12. Final Provisions
If any provision (or part thereof) of these Terms is unenforceable or void, the rest will remain in effect. The provision (or part thereof) will be replaced with a provision that comes as close as possible to the intention of the parties.
If we fail to enforce or delay to enforce any aspect of these Terms, it will not be a waiver.
We may make changes to these Terms at any time. In case of significant changes, we will give you reasonable notice by email (or otherwise), allowing you to terminate the Agreement.
Any deviations, changes, or amendments to these Terms proposed by you are valid only if accepted by us in writing.
You cannot assign or transfer your rights or obligations under the Agreement without our prior written consent; such an assignment or transfer is void.
We can assign or transfer the Agreement, as well as our rights and obligations under the Agreement to any third party without your consent. We are free to delegate the performance of any of our obligations to any third party.
You may not set off his contractual payment obligations against claims towards us.
These Terms form the entire agreement between TIPKING and you regarding your access to and use of our services and supersede any prior oral or written understandings or agreements between us and you.
13. Applicable law, place of jurisdiction
The Agreement, these Terms and the use of our services, and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, Swiss law, under the exclusion of any international treaties or conventions, including the UN-Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for any disputes arising from or in connection with the Agreement, these Terms, the use of our services is the city of Zurich, Switzerland. The place of performance is the city of Zurich.