1. Introduction
Acceptance of Terms: By accessing or using Tip App (“TipApp”), you agree to be bound by these Terms and Conditions (the “Terms”). These Terms apply to all users regardless of location. For users in Kenya, local Kenyan laws and regulations will govern.
Amendments: Tip App reserves the right to modify or update these Terms at any time. Any changes become effective upon posting. Continued use of the App following the posting of revised Terms indicates your acceptance.
2. User Registration and Account Management
Account Eligibility: You must be at least 18 years old in Kenya to register. You represent that you are legally capable of entering into binding contracts.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify Tip App immediately of any breach of security.
KYC Compliance: In accordance with Kenyan financial regulations, Know-Your-Customer (KYC) documents may be required. You may need to complete KYC verification before transacting.
2.1 Tipping Process
- Tippers can tip attendants by scanning their QR codes or manually entering their codes, then selecting pre-set amounts or entering a custom amount on the app.
- Tips will be calculated and processed through the payment method chosen by TipApp.
- Beneficiaries will receive access to the tips available in their E-wallets through the selected payment platform at any given time.
2.2 Responsibilities of Tippers
- Tippers voluntarily agree to use the application without undue influence.
- Tippers are responsible for ensuring that they have sufficient funds to pay for the tip.
- Tippers are responsible for any transaction cost associated with their payment method, where some may be zero cost.
- Tippers agree to use TipApp in a legal and ethical manner.
2.3 Responsibilities of Beneficiaries
- Beneficiaries agree voluntarily to accept tips through TipApp.
- Beneficiaries are responsible for any taxes or fees associated with receiving tips.
- Beneficiaries agree to use TipApp in a legal and ethical manner.
- Beneficiaries shall not purport to be agents of TipApp or give unauthorized information about TipApp.
3. Financial Transactions
Fees and Charges: A detailed Fee Charges, as described on the home page is provided within the App (tipapp.ke). Fees comply with Kenyan regulations.
Transaction Limits: Transaction limits may be imposed to comply with Anti-Money Laundering (AML) and other regulations in Kenya.
4. User Conduct
Compliance with Laws: You agree to comply with all applicable laws, including Kenyan laws, especially those related to AML and Counter-Terrorism Financing.
Prohibited Use: The App must not be used for any unlawful, fraudulent, or unauthorized purpose. Any violation may result in immediate account suspension or termination.
TipApp reserves the right to change the name and/or profile picture of a Registration or suspend and/or delete Registrations at its absolute discretion, at any time and without obligation to provide any reasons including (without limitation) those that contain names, words, images or phrases which are in the sole opinion of TipApp deemed to be inappropriate, promotional, profane, derogatory, discriminatory, divisive or offensive (irrespective of the opinion of the User).
5. Privacy and Data Protection
We collect, use, and store personal data in accordance with Kenyan Data Protection laws. Please refer to our Privacy Policy for details on how we handle user data.
6. Termination and Suspension
Rights of Tip App: We reserve the right to suspend or terminate any account for non-compliance with these Terms or for other lawful reasons, such as suspected fraud or illegal activities.
User’s Right to Terminate: You may close your account at any time, provided all pending transactions or obligations are settled.
7. Limitation of Liability
To the fullest extent permitted by applicable Kenyan law, Tip App shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, revenue, or data.
8. Intellectual Property
TipApp and its content, including but not limited to the logo, design, and software, are the property of Tipapp Limited. You may not reproduce, modify, distribute, or otherwise use TipApp or its content without our prior written consent.
9. Dispute Resolution
Governing Law: These Terms are governed by the laws of Kenya.
Dispute Resolution: Disputes are resolved through arbitration in Nairobi under the Arbitration Act.
10. General Provisions
Severability: If any part of these Terms is found unenforceable, the remaining provisions remain in full force.
Entire Agreement: These Terms constitute the entire agreement between Tip App and its users, superseding any prior agreements or communications.
Effective Date: These Terms are effective upon posting. Continued use of Tip App signifies acceptance.