Last Updated January 3, 2022
Thank you for your interest in Tippy! We’re excited that you would like to try Our cloud-based software-as-a-service for facilitating the payment, tracking, and managing of tips (the “Tippy Solution”).
These terms (“Terms”) govern the shipment by DirectTIPS Operations, LLC (“Tippy,” “We,” “Us,” and “Our”) of one or more Tippy™ kiosks (tablet & stand) that are pre-loaded with our proprietary mobile application to allow you to use the Tippy Solution (each, a “Tippy Kiosk”). Please review these Terms and if you do not agree with them, then immediately return the Tippy Kiosks to Us. Failure to return the Tippy Kiosks to Us within thirty (30) days of your receipt constitutes your acceptance of these Terms.
We look forward to your use of the Tippy Solution!
- These Terms govern Our shipment of Tippy Kiosks to you. These Terms may not be amended, deleted, suspended or supplemented by any document issued by you, and We object to any different or additional terms contained in such documents.
- All delivery dates with respect to the shipment of Tippy Kiosks are estimates only. We shall not be liable to you for any delays in shipping the Tippy Kiosks to you.
- Please promptly contact Us if, upon delivery, any Tippy Kiosks are damaged or otherwise do not operate normally. You shall be exclusively responsible for all losses or damages to the Tippy Kiosks after they are received by you, and in the event the Tippy Kiosks are lost or damaged after you receive them, you will pay Us an amount equal to the then applicable replacement cost for the Tippy Kiosks.
- Use of the Tippy Kiosks and the Tippy Services is governed by Our Enterprise Services Agreement, which is located at https://www.meettippy.com/enterprise-services-agreement/ (the “Enterprise Agreement”). You must agree to the Enterprise Agreement before you can use of the Tippy Kiosks and Tippy Services.
- If you do not (a) begin using the Tippy Services or (b) request a shipping label to return the Tippy Kiosks to Us, in each case within sixty (60) days of receiving the Tippy Kiosks, then you will pay Us an amount equal to the then applicable replacement cost for the Tippy Kiosks.
- Even though the Tippy Kiosks are being provided to you, you will not own them. The Tippy Kiosks (including all intellectual property rights therein) shall at all times remain the property of Us or Our lessors. You have no right, title or interest in or to the Tippy Kiosks, except to use the Tippy Kiosks in connection with the Tippy Solution pursuant the Enterprise Agreement.
- THE TIPPY KIOSKS ARE PROVIDED TO YOU ON AN “AS IS” BASIS. WE MAKE NO WARRANTIES AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE TIPPY KIOSKS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITIY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
- IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM DELAYS, BUSINESS INTERRUPTION OR LOSS OF USE OR EXPENSES, RELATING TO THE TIPPY KIOSKS.
- In the event you wish to return the Tippy Kiosks to Us, please contact Us and we will send you a shipping label that can be used ship the Tippy Kiosks to Us. If you return the Tippy Kiosks, then please place them in their original packaging and include all other materials provided by Us. You will be solely responsible for any damage to the Tippy Kiosks caused by any improper packaging. If you do not ship the Tippy Kiosks to Us within ten (10) days of receiving the shipping label, then you will pay Us an amount equal to the then applicable replacement cost for the Tippy Kiosks.
- You agree that We may charge any amounts owed to Us under these Terms to the payment method provided by you.
- In the event of a conflict between these Terms and the terms of the Enterprise Agreement, the terms of the Enterprise Agreement shall control. These Terms and any action related thereto are governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to these Terms will be the state and federal courts having jurisdiction in Fort Lauderdale, FL and you and Tippy waive any objection to jurisdiction and venue in such courts. THE TIPPY KIOSKS ARE LICENSED AND NOT SOLD TO YOU. IN NO EVENT SHALL THE UCC ARTICLE 2 GOVERN OUR SHIPMENT OF THE TIPPY KIOSKS TO YOU. ANY AMOUNTS PAID TO US PURSUANT TO THESE TERMS SHALL NOT BE DEEMED TO CREATE A SALE OF THE TIPPY KIOSKS.
- Contact Information. If you have any questions about these Terms or the Services, please contact Tippy at email@example.com.