General Terms and Conditions
Date: April 20, 2023
§ 1 General provisions
GSI Verwaltung GmbH (registered in the Commercial Register of the District Court of Munich under HRB 268854) is the operator of “Tippie”.
As a user, the customer agrees to these contractual terms before using the service; if the customer rejects the terms, use is not possible.
By using the service, the customer also agrees to the regulations regarding the processing of personal data.
These terms and conditions are agreed upon in two ways:
– By the Service Provider by filling in the registration form.
– By the customer by using the service.
By using the service, the customer also agrees to the terms and conditions for the payment systems.
§ 2 Terms and definitions
(1) Service – is a “tip” service via a mobile application where customers can send cashless tips to registered service workers.
(2) User – the service has three types of users.
– “Customer” – a user of the service who can send voluntary tips to the service workers and leave reviews on the work of the service workers and the company;
– “Service worker” – a registered user of the Service who can receive tips from Customers to his/her personal account.
(3) Payment system – a partner of the Service that provides the possibility to make a cashless transfer of tips from Customers to Service Workers. Payment initiation services are provided by NaudaPay Limited (Reg. No. 11741664).
(4) Personal data – all information about Users obtained during the use of the Service.
(5) Cross-border transfer of personal data – transfer of personal data of the User to databases located in the territory of a foreign state.
(6) Confidential Information – information submitted by the User to the Operator pursuant to this Agreement, including but not limited to: Commercial, contractual and financial information, as well as any documents and / or other information prepared in writing or in any other form. Information subject to protection and non-disclosure under this Agreement does not include information that the User publicly posts on the Service’s resources and on other websites and services, as well as other information that may not be confidential information under this Agreement or the laws of the Federal Republic of Germany.
§ 3 Use of the “Tippie” service
(1) The Operator acts as an intermediary in carrying out money transfers from Customers to Service Agents via the payment system. The Operator acts on its own behalf and at the expense of the payers or recipients of the money transfers.
(2) The Service offers the Customer the opportunity to,
a. to transfer voluntary tips to the service staff without cash;
b. To leave evaluations on the work of the Service Worker or the Company.
(3) Voluntary tips can be made in the following ways, which can be adjusted by the Operator at any time:
a. Payment by credit card of the customer via mobile payment systems (Apple Pay, Google Pay and / or Samsung Pay);
b. Payment via other payment systems offered by payment service providers.
(4) The customer is solely responsible for the correct selection of the amount. Input errors are the sole responsibility of the customer. Reclaiming the granted money from the operator or the service person is excluded.
(5) In order to receive money from the customer, the service person must create an account with “Tippie”.
(6) The creation of a service force account is done in three steps:
a. Tippie sends a registration link to the Company’s representative or the Service Worker.
b. The Service Worker enters the personal information into the registration form and approves it.
c. Tippie uses this data to create an account for the service agent with the payment service provider.
(7) The Service Worker is responsible for the accuracy of the data provided. The payment service provider may request additional documents from the service worker to verify identity and address. Tippie is not responsible for possible limitations of the Service Worker’s account with the Payment Service Provider. The Service Power is obliged to provide the Payment Service Provider with the documents requested by the Payment Service Provider in the required form to ensure payment to the Service Power.
(8) The Service User guarantees that all information provided by him/her, including photos, do not violate the intellectual rights of third parties.
(9) The Operator is not responsible for the motive or objective of the transfer of the Tips from the Customer to the Service Worker.
(10) The service staff is responsible for the payment of taxes and fees.
(11) The Operator reserves the right to set and / or change at any time the individual limit of each Customer for the transfer amount per day / month / for another period of time, as well as to review the purpose and objective of the transfer for the protection of the rights and interests of the Customer and third parties.
(12) The Operator shall receive a commission for the transfer of tips from the Customer to the Service Worker. The amount of the operator’s commission varies between 0% (zero percent) and 6.5% (six point five percent) and is determined individually for each service employee, but is at least EUR 0.19. PayPal can only be used for tip amounts of EUR 5.00 or more. The fees already include the statutory sales tax.
(13) The Operator reserves the right to withhold a commission from the Service User to compensate for the cost of the transaction when money is transferred from the Service User’s personal account in the payment system to a bank account of the Service User, if the amount of the transfer is less than EUR 30,00. The amount of such commission can be set individually and will be displayed in the Service Worker’s account.
(14) The following activities are prohibited under these Terms of Use:
- Receipt of money originating as remuneration for a service relationship with the Customer;
- Violations of applicable legal regulations, in particular money laundering laws but also those protecting the rights of third parties, in particular third-party copyrights, personal rights, patent and trademark rights and other rights; Violations of applicable criminal laws and youth protection regulations;
- hacking attempts, i.e. attempts to overcome, circumvent or otherwise disable the security mechanisms, the use and/or distribution of viruses, worms, Trojans, brute force/DDoS attacks;
- Copying, modifying or duplicating the content of other Service personnel or creating fake accounts using third party data;
- Using scripts, bots or other software that may affect or interfere with the system integrity and system functions of the Platform;
- Modification, deletion or blocking of content generated by Tippie.
(15) Tippie reserves the right to prohibit, cancel, remove or reassign certain usernames under appropriate circumstances as determined in Tippie’s sole discretion.
(16) Tippie may suspend, terminate and delete the Tippie Account with or without notice in Tippie’s sole discretion, particularly if activities with and/or on the Tippie Account raise suspicion that there may be a violation of these Terms of Use or a violation or infringement of the rights of third parties or applicable laws or regulations.
(17) The Service User may terminate his/her Tippie account at any time in the platform. Any money not yet paid out will be paid out analogously to the registration process with the external payment service provider. If the credit balance at the time of termination is less than EUR 30, Tippie shall retain a termination fee of EUR 3.00. If the balance is EUR 3.00 or less, no payment will be made to the service provider and the termination fee will be paid. Details are regulated by the conditions of the payment service provider. However, it is always a prerequisite for a payout that the Service User has fully completed the registration and legitimation process with the payment service provider.
(18) The Service User’s claims against the Operator for payment of any claim shall expire within one year after receipt of payment by the Customer.
(19) Tippie offers a functionality to share tips between service staff according to a pre-determined scheme. If a company’s service staff decides to use this service, they must inform Tippie in advance and send the information on the scheme of how the tips are to be divided. The scheme must be fair to all service employees and legally permissible.
(20) Service employees are required and are responsible for reviewing, accepting or rejecting the sharing scheme. Service employees who reject a tip sharing scheme are excluded from such sharing and may not receive any tips at all through Tippie’s services.
(21) Where appropriate, Tippie will offer assistance to customers who have problems with tips. Customers who have problems, questions or suggestions regarding the Tippie Platform or a payment should contact Tippie’s customer support team via chat (preferred), email or phone at the contact information provided on the Tippie Platform.
(22) If a company decides that Tippie’s tips will not be paid directly to the service person but will be distributed by the company among its employees according to a certain key, the payment of all tips will be made to an account designated by the company. The company itself is responsible for the distribution and possible taxation of the tips.
§ 4 Rights and obligations of the user and the operator
(1) The user has the right
a. To use the functions of the service in his user group;
b. to forward confidential information to the Operator, as far as it is necessary for the use of the Service;
c. to refuse to receive information by sending an e-mail to the Operator at support@tippie.de;
d. to refuse access to personal data in whole or in part by sending an e-mail to the Operator at support@tippie.de.
e. to contact the operator by e-mail to support@tippie.de for questions, claims or suggestions.
(2) The user undertakes:
a. to provide accurate and complete information when using the service, although the operator is not obliged to check the accuracy of the information;
b. to inform the Operator of any changes in his personal data;
c. not to use data of other persons, whereby such use may lead to exclusion;
d. not to pass on the access data to third parties;
e. to carry out any taxation of inflows in connection with the service on his own responsibility.
(3) The operator has the right
a. to change the regulations of the user agreement and the guideline for the processing of personal data or to terminate the agreements;
b. deny the use of the Service to the User at any time. This can be done by not transferring funds, registration and login blocking or by deleting the User’s account. The Operator is not obliged to inform the User of the reasons for refusing to use the Service;
c. Involve third parties to achieve the goals of using the Service, subject to the confidentiality terms and other conditions set forth in this User Agreement;
d. accept or reject any payment offered by Customer through Tippie; or
e. Impose restrictions on the number of times Tippie may be used per day/week/month.
(4) The operator undertakes to:
a. maintain the security and confidentiality of the confidential information provided by the User pursuant to this Agreement. The Operator undertakes not to disclose any confidential information to third parties without the express consent of the User, except in the case of a legal obligation or consent of the User.
b. Although Operator attempts to ensure that the Tippie Platform is normally available twenty-four (24) hours a day, Operator assumes no obligation to do so, and no member of the Tippie Group shall be liable to any User if the Tippie Platform is unavailable at any time or for any period.
§ 5 Final provisions
(1) The operator is not responsible for services provided by third parties, including their partners.
(2) The operator is not responsible for delays in money transfers if they are based on incorrect data of the recipient or if the recipient is responsible for them.
(3) The Operator has the right to change this User Agreement by publishing a new version of the User Agreement on the Website and in the Service Application. The Operator shall notify the Users of any changes by e-mail. Amendments to the User Agreement made by the Operator shall become effective after 3 (three) business days from the date of publication of the new edition of the User Agreement. If a user does not agree with an amendment, he/she shall notify the operator, whereupon the user relationship shall end.
(4) The current User Agreement shall apply to the Customer, which the Operator may change at any time. The customer can view the respective current user agreement when using the service.
(5) Service personnel can access the respective current version of the user agreement via their account.
(6) Tippie shall only be liable in accordance with statutory provisions for intent and gross negligence on the part of Tippie, its legal representatives, executive employees or other vicarious agents. The same shall apply in the event of the assumption of guarantees or other strict liability, as well as in the event of claims under the Product Liability Act or culpable injury to life, limb or health. Insofar as Tippie’s liability is excluded or limited, this shall also apply in favor of the personal liability of its legal representatives, executive employees and ordinary vicarious agents. To the extent that the above limitations do not exclude liability, Tippie’s liability in case of slight negligence shall be limited to the foreseeable damage typical for this type of contract and shall in no event exceed EUR 100.00 (Euro one hundred) for Tippie’s total liability in connection with or under these Terms of Use, including in connection with their use or the inability to use the Tippie Services, the Tippie Platform or the Tippie Content, and any other material that may be accessed via the Tippie Platform. If more than one claim exists, the liability for all claims together shall be EUR 100.
(7) This agreement is subject to the laws of the Federal Republic of Germany. The place of jurisdiction is, as far as permissible, Leipzig.
(8) Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after conclusion of the agreement, the validity of the remainder of the agreement shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective.