These Terms and Conditions govern your use of Smart Tips, owned by Smart Tips s.r.o., EU ID number CZ08668124 incorporated in the Czech Republic Na Malé Šárce 801, Nebušice, 164 00 Praha. By using our services, you agree to be bound by these terms.
1. Acceptance of Terms By leaving a tip via Smart Tips, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, do not use our services. Your acceptance of these Terms creates a legally binding contract between you and Smart Tips s.r.o.
2. Changes to Terms We reserve the right to modify these Terms and Conditions at any time. Any changes will be posted on our website, and your continued use of the services constitutes acceptance of the revised terms. The date of the latest modification will be indicated at the end of these Terms and Conditions.
3. Use of Services Smart Tips grants you a non-exclusive, non-transferable, limited license to use the services for tipping at partner businesses. You agree not to misuse the services or use them for any unlawful purposes. Unauthorized use of our services may result in termination of your account.
4. Account Registration When using Smart Tips, you will automatically be registered for an account via your provided mandatory email. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete email when creating your account.
5. Tipping and Refunds Clients can leave tips via QR codes at partner businesses. All tips are final, but clients have the right to request a refund within 14 days of the transaction. Refund requests will be honored with no questions asked. To request a refund, please contact us at support@smarttips.com or call us at +420 773 911 191.
6. Privacy and Data Protection Your use of Smart Tips is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. We are committed to protecting your privacy and handling your personal data in an open and transparent manner, in compliance with the General Data Protection Regulation (GDPR) and other applicable EU laws. For more information, please review our Privacy Policy.
7. Intellectual Property All content and materials on the Smart Tips platform, including text, graphics, logos, and software, are the property of Smart Tips s.r.o. and are protected by intellectual property laws. You may not use any content from our services without our prior written permission.
8. Limitation of Liability Smart Tips s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services. This limitation applies regardless of the legal theory under which such damages are sought.
9. Indemnification You agree to indemnify, defend, and hold harmless Smart Tips s.r.o., its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of our services, your violation of these Terms, or your violation of any rights of another.
10. Termination We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms and Conditions. Upon termination, your right to use the services will cease immediately. You may also terminate your account at any time by contacting us at support@smarttips.com.
11. Governing Law These Terms and Conditions are governed by and construed in accordance with the laws of the Czech Republic. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts in the Czech Republic.
12. Complaints Procedure
If you have any complaints regarding the services or products provided by Smart Tips s.r.o., you may contact us as follows:
Email: You may send an email detailing your complaint to support@smarttips.cz.
Phone: You may also call our customer service line at +420 733 738 500 during business hours (Monday to Friday, 9:00 AM to 6:00 PM CET).
12.1 Submission of Complaints
To ensure efficient processing, we request that your complaint includes:
A detailed description of the issue
Any supporting documents (e.g., receipts, screenshots, etc.)
Contact details, including your name, email, and phone number
12.2 Acknowledgment of Receipt
Once we receive your complaint, you will receive an acknowledgment of receipt within 2 business days, confirming that we are reviewing your case.
12.3 Resolution Time
We aim to resolve complaints within 14 business days from the acknowledgment of receipt. If the resolution requires more time, you will be informed and updated on the status of your complaint.
12.4 Escalation
If you are not satisfied with the initial response, you may escalate the issue by contacting us again using the provided email or phone. An additional review will be carried out by a senior manager, and a final decision will be communicated within 7 business days.
13. Electronic Record and Signature Disclosure By leaving a tip or collecting tips via Smart Tips, you acknowledge and agree that your action constitutes your acceptance of these Terms and Conditions.
14. Third-Party Services Our services may provide you with access to third-party services, which are not controlled by Smart Tips. We are not responsible for the content, policies, or practices of third-party services. You should review the terms and conditions of any third-party service you access through Smart Tips.
15. Entire Agreement These Terms constitute the entire agreement between you and Smart Tips s.r.o. with respect to the use of our services. If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.
16. Dispute Resolution If a dispute arises between you and Smart Tips, our goal is to provide you with a neutral and cost-effective means of resolving the issue quickly. You agree to first contact us directly to seek a resolution by emailing us at support@smarttips.com. If we are unable to resolve the dispute, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with these Terms through binding arbitration in the Czech Republic.
17. User Conduct You agree not to use the services for any purpose that is unlawful or prohibited by these Terms. You agree not to: Engage in any activity that could damage, disable, overburden, or impair the services. Attempt to gain unauthorized access to any accounts, computer systems, or networks connected to the services. Transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the services.
18. Feedback We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the services ("Feedback"). You may submit Feedback by emailing us at support@smarttips.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Smart Tips s.r.o., and you hereby assign to Smart Tips s.r.o. all of your rights, title, and interest in and to all Feedback.
19. Data Protection, Privacy, and Cookies All personal data that you provide to us in connection with your use of the services is collected, stored, used, and disclosed by Smart Tips s.r.o. in accordance with our Privacy Policy, which complies with applicable data protection laws, including GDPR. In addition, we use cookies to enhance your experience on our website. By using our services, you consent to our use of cookies.
20. Billing, Payment, Taxes, and Fees All financial transactions related to tipping will be performed through third-party payment platforms. Smart Tips s.r.o. may charge fees for the use of its services, which will be clearly communicated to you. You are responsible for any taxes applicable to your use of the services.
21. Availability of Services We strive to ensure that our services are available at all times, but we do not guarantee that the services will be uninterrupted or error-free. We may suspend or terminate the services without prior notice for maintenance, upgrades, or any other reason.
22. Miscellaneous These Terms and Conditions constitute the entire agreement between you and Smart Tips s.r.o. regarding the use of our services. No failure or delay by Smart Tips s.r.o. in exercising any right under these Terms will constitute a waiver of that right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Contact Us For questions or comments about these Terms and Conditions, please email us at support@smarttips.com.
Last Updated: 27.9.2024