TipQwik Terms of Use

Last modified: November 7, 2022

Welcome to the TipQwik.com site, operated by Chef Ron Industries, LLC (“TipQwik,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of TipQwik.com (the “Website”) and/or platforms and applications (the “App”), and the Product (defined below), including any content, functionality, and services offered on or through the Website, App, or Product (collectively, the “Services”).

You may be accessing these Services on behalf of an organization that has been approved by TipQwik (the “Customer”). YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE AND, IF ENTERING INTO THESE TERMS OF USE FOR A CUSTOMER, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT CUSTOMER AND NO ADDITIONAL PERMISSIONS OR CONSENTS ARE NEEDED OR OTHERWISE REQUIRED; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU AND CUSTOMER ARE LEGALLY BOUND BY ITS TERMS. AS APPLICABLE, “YOU” SHALL MEAN ANYONE ACCESSING OR USING THE SERVICES, APP, WEBSITE, OR PRODUCT ON HIS OR HER OWN BEHALF AND ON BEHALF OF THE CUSTOMER. THESE TERMS OF USE APPLY WHETHER YOU ACCESS OR USE THE SERVICES AS A GUEST OR AS A REGISTERED USER.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR APP AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.

The Services are offered and available to users who are 18 years of age or older, and reside in the United States or Canada or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with TipQwik and meet all of the foregoing eligibility requirements. If you use the Services outside of the United States or Canada, you are solely responsible for understanding and adhering to laws applicable to your use of the Website and App in your jurisdiction.

THESE TERMS OF USE TAKE EFFECT BY ACCESSING OR USING THE SERVICES.

IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES AND CANNOT USE, VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES OR THE PRODUCTS.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page or Website from time to time so you are aware of any changes, as they are binding on you.
Accessing the Services and Account Security
1. We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website or App, to users, including registered users.
2. You are responsible for both:
  1. Making all arrangements necessary for you to have access to the Services
  2. Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
3. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide in connection the Services are correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on or in connection with the Services, is governed by our Privacy Policy (www.tipqwik.com/privacy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
4. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures (the “User Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you or anyone on whose behalf you are acting and agree not to provide any other person with access to the Services or portions of it using your User Credentials.
5. By enrolling in the Services and accessing it using your User Credentials, and any other security and identification methods as we may require from time to time, such as security questions or one-time passcodes, you acknowledge and agree that this system includes security procedures that are commercially reasonable. You further agree to comply with any TipQwik procedures and processes to obtain any User Credentials, or to further access or use the Services.
  YOU AGREE TO NOTIFY US IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR USER CREDENTIALS OR ANY OTHER BREACH OF SECURITY
6. We have the right to disable any user account, password, User Credentials, Authorized User Account (defined below) or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Provisioning Other Users
1. The Services are accessed via credentials given to you (the “Authorized User”) for accessing the Services. You acknowledge and agree to the below.
2. We may supply you with (or provide you the ability to create) usernames and passwords (the “Authorized User Accounts”) that will permit access to the Services. You shall be solely responsible for communicating all Authorized User Account credentials to Authorized Users, and shall, at a minimum, use commercially reasonable methods to ensure the confidentiality and security of such Authorized User Account credentials.
3. No right of sublicense is granted to you; provided, however, that you may permit third-party vendors, outsourcers and other service providers to access and/or use the Services pursuant to the rights granted to you and Authorized Users hereunder on behalf, and for the benefit, of you or the Customer.
4. The Authorized User shall be solely responsible for any activity occurring via the Authorized User Accounts.
5. We may employ certain technical controls for the administration of the Authorized User Accounts, including password selection and complexity requirements, multi-factor authentication, and verification procedures.
Intellectual Property Rights
1. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TipQwik, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. These Terms of Use permit you to use the Services, including on behalf of a Customer, and only for specifically authorized business purposes, and to access/receive the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:
  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
3. You must NOT:
  1. Modify copies of any materials from the Services.
  2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  3. Access or use the Services for any commercial purposes other than as set forth above.
  4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by TipQwik. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4. Notwithstanding anything to the contrary in these Terms of Use, you authorize and agree that TipQwik may collect or create Benchmark Data and such Benchmark Data shall be the property of TipQwik. TipQwik shall have the right to retain, copy, reproduce, process, adapt, modify, publish, transmit, display distribute, or otherwise commercially exploit such Benchmark Data including, for example, curating, transforming, and translating such Benchmark Data. “Benchmark Data” means: (i) statistical, system, usage, and configuration and other data regarding your compliance with these Terms of Use and your usage of the Services; or (ii) statistical, anonymized, or aggregated data that is derived from the Customer Content; provided that none of the foregoing specifically identifies you, your end users, or your customers.
TrademarksTipQwik name and all related names, logos, product and service names, designs, and slogans are trademarks of TipQwik or its affiliates or licensors. You must not use such marks without the prior written permission of TipQwik. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners and TipQwik disclaims any liability or responsibility thereunder.
ConfidentialityExcept where disclosure is required for legal, accounting, or regulatory purposes, you and TipQwik agree that all information, items, records, data and other material provided pursuant to or in connection with the Services, shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party, its agents or employees, without, in each instance, the prior written consent of the other party; provided, however, that you or we may disclose generally, your membership and participation in the programs and services of TipQwik, including Services, without your consent. You acknowledge and agree that TipQwik may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information, including complying with security procedures deemed necessary by TipQwik. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements extensions or modifications thereof, are and shall remain the exclusive property of TipQwik, and may not be used by you, your agents, employees or others, without our prior written consent. In certain circumstances, TipQwik may require you to enter into licensing or use agreements with regard to any software programs provided by or through TipQwik for you use in receiving any Services; and you hereby agree to enter into such licensing or use agreements.
Prohibited UsesYou may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Unites States or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the terms and conditions set out in these Terms of Use.
4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
5. To impersonate or attempt to impersonate TipQwik, a TipQwik employee, another user, or any other person or entity (including, without limitation, by using email addresses, user name, or screen names associated with any of the foregoing).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm TipQwik or users of the Services, or expose them to liability.
7. You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Services to any other person, except Authorized Users (defined below).
Additionally, you agree not to:
1. You may not sell, lease, furnish, redistribute, retransmit, or otherwise permit or provide access to the Services to any other person, except Authorized Users (defined below).
2. Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services or otherwise related to the Services.
3. Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Services.
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
7. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack
8. Otherwise attempt to interfere with the proper working of the Services.
Data, Integrations, and ContentYou may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
1. You acknowledge and agree that in connection with your use of the Services, you may provide, or require that we process data about your customers (each, a “Guest”) when such Guest makes a gratuity payment via the Service. Such data, includes, but is not limited to, name, room number, dates of stay, telephone number and email (collectively, the “Guest Data”).
2. You further acknowledge and agree that in connection with the Services, we may process and/or receive data, information, or content from you or your Guests (collectively, with the Guest Data, the “Customer Content”). As between us and you, you shall own all title, intellectual property and contractual rights in and to sharing the Customer Content with us (subject to our rights to use and collect aggregate data, as set forth below). Notwithstanding the foregoing, when you, your employees, personnel, agents, or end users, upload, submit, or store Customer Content in connection with the Services, you grant us a worldwide license to use, host, store, reproduce, modify, and create derivative works from the Customer Content to perform the Services. We are not responsible for any electronic communications and/or Customer Content which are delayed, lost, altered, intercepted or stored during the transmission of any data by means of third party networks (other than third parties providing computing or storage services). You therefore acknowledge that Customer Content and information regarding your account will be processed by TipQwik and stored and processed using online hosting services selected by TipQwik.
3. To the extent the Customer Content includes Guest Data, Customer is solely responsible: (i) for such Customer Content, including the accuracy thereof, and any Guest Data, and the means by which such Guest Data is acquired, collected, retained, or otherwise processed by Customer, including any activities conducted by TipQwik as directed or instructed by Customer, in accordance with these Terms of Use; (ii) and shall continue to be responsible for complying with all the relevant provisions of the applicable laws, regulations, and rules, including but not limited to data protection and privacy laws ; and (iii) for securing all necessary consents to collect, retain, transmit, or otherwise provide Customer Content to TipQwik, or instruct TipQwik to collect, retain, transmit such Customer Content in connection with these Terms of Use.
4. Any consent required above shall meet the requirements of Applicable Law (defined below), particularly with respect to the security, protection and disclosure of Guest Data. Customer will also provide notice to Guests: (i) about Customer’s collection, of such Guest Data from Guests; (ii) the use and purpose of collection of such Guest Data; (iii) the use of TipQwik to process such Guest Data; (iv) that such Guest Data may be processed in a country other than where the Guest resides or is accessing Customer’s services or Services; and (v) of the Guest’s rights as afforded to the Guest in accordance with Applicable Law.
5. “Applicable Law” means all laws, regulations, ordinances, and regulatory guidance, of any foreign, federal, state, local, regional, or provincial jurisdiction, all of the foregoing existing at the start of the use of the Services, or as later enacted, implemented, amended, or replaced, and all of the foregoing as applicable to the party to which compliance is required, including (without limitation) the Do-Not-Call provisions of the Telemarketing Sales Rule, the CAN-SPAM Act, the Telephone Consumer Protection Act, and the California Consumer Privacy Act (“CCPA”).
6. Customer shall be solely responsible for notifying and/or instructing TipQwik of or about the following, to the extent that the following limitations, changes, or restrictions may affect TipQwik’ use, disclosure or processing of Customer Content (and Personal Data): (i) Limitation(s) in Customer’s notice of privacy practices; (ii) Changes in, or revocation of, permission by any Guests to the use, disclosure or processing of Customer Content, including Guest Data; and (iii) Restriction to the use, disclosure, or processing of Customer Content, including Guest Data, that Customer has agreed to.
7. You represent and warrant that:
  1. You own or control all rights in and to the Customer Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your Customer Content do and will comply with these Terms of Use.
8. You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not TipQwik, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
9. We are not responsible or liable to any third party for the content or accuracy of any Customer Content posted by you or any other user of the Services.
Monitoring and Enforcement; Termination
1. We have the right to:
  1. Remove or refuse to post any Customer Content for any or no reason in our sole discretion.
  2. Take any action with respect to any Customer Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for TipQwik.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  5. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
2. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS TIPQWIK AND ITS PERSONNEL, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TIPQWIK OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TIPQWIK OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
3. We do not undertake to review any material or Customer Content before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Changes to the ServiceWe may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your ActivityAll information we collect on the Services are subject to our Privacy Policy (www.tipqwik.com/privacy). By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Other Terms and ConditionsIf you are using the Services, including the TipQwik app at www.tipqwik.com (the “Product”), as Customer of TipQwik, you acknowledge and agree to these additional terms.
1. Provided that you pay all the required fees (if any) and comply with all other terms of these Terms of Use, TipQwik hereby grants to you a non-exclusive, terminable, non-transferable right and license to access and use the Product, in and under TipQwik’s intellectual property rights. You shall not use or otherwise access the Product in a manner that exceeds your authorized use as determined by TipQwik.
2. You shall not use the Product beyond the scope of the rights granted here. You shall be solely liable for your users’ and customers’ access to the Product and any misuse of the Product by any of your personnel. You shall not directly or indirectly alter, modify, adapt, translate, copy, distribute, reverse engineer, decompile, disassemble, or create any derivative works of the Product. You shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that are contained in the Product.
3. Notwithstanding anything to the contrary anywhere, you acknowledge, authorize and agree that TipQwik may collect or create certain aggregated or de-identified data about your use of the Product and/or Services (hereinafter, considered as “Benchmark Data,” as defined above), and such Benchmark Data shall be the property of TipQwik. TipQwik shall have the right to retain, copy, reproduce, process, adapt, modify, publish, transmit, display distribute, or otherwise commercially exploit such Benchmark Data including, for example, curating, transforming, and translating such Benchmark Data, without any additional benefit or compensation to you.
4. You acknowledge and agree that TipQwik retains sole and exclusive ownership of all right, title, and interest in and to the Product including any update, modification, improvement, enhancement, or configuration made to the Product, regardless of who creates, suggests, and/or contributes in any such modification, improvement, enhancement, or configuration.
5. Unless otherwise agreed to by you and TipQwik, your license to use the Product shall continue, until either you or TipQwik desires to terminate your use of the Product, at which point, either party shall notify the other party upon thirty (30) days’ advance written notice. You shall pay all fees due (if any) to TipQwik up to and including the date of termination.
6. Portions of the Services may require payment of fees, including any credit card processing fees. Unless otherwise agreed to by us in writing, TipQwik shall provide the Product to Customer at no charge. The Customer shall be responsible for any expenses involved in the execution of these Terms of Service, or the implementation of the Product.
7. To the extent you elect any integration with our Services, including, but not limited to, any system utilized by you/Customer to track Guest Data (the “Property Management System”), unless otherwise agreed to by us in writing, you are solely responsible for the integration and compatibility of such Property Management System. For the avoidance of doubt, you or Customer are solely responsible for any licensing fees, costs, or other charges arising from or related to such integration of the Services with the Property Management System. You further represent and warrant that you have all necessary rights, title, and license in and to the Property Management System, to grant us, a limited, revocable, royalty-free right and license to use and integrate that Property Management System solely in connection with providing you with the Services.
8. You acknowledge and agree that each Guest will be charged a convenience fee charged by the financial intermediary that facilitates, services, processes or manages the credit authorization, billing transfer and/or payment procedures with respect to Customer’s sales transactions involving credit card or debit card purchases by Guests (the “Credit Card Processor”). For each transaction by a Guest, a fee to cover the costs of credit card processing and TipQwik’s Services (the “Convenience Fee”) will be applied. Such Convenience Fee will be paid to the Credit Card Processor. The Credit Card Processor shall retain its respective credit card processing fee and remit the balance to TipQwik. TipQwik has agreed to pay the Property Management System provider (if any) an amount based on the percentage of revenue received by TipQwik from the Credit Card Processor.
Links from the ServicesIf the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Website or Apps.
Geographic RestrictionsWe provide the Services and Product for use only by persons located in the United States and Canada. We make no claims that the Services or any of its Services or content is accessible or appropriate outside of the United States or Canada. Access to the Services may not be legal by certain persons or in certain countries. If you use or access the Services or Product from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with all applicable and local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE OR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TIPQWIK NOR ANY PERSON ASSOCIATED WITH TIPQWIK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TIPQWIK NOR ANYONE ASSOCIATED WITH TIPQWIK REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TIPQWIK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. TIPQWIK WILL NOT BE LIABLE FOR ANY DAMAGES, LIABILITIES, OR CLAIMS RELATTED TO, DIRECTLY OR INDIRECTLY, TO PROPERTY MANAGEMENT SYSTEM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TIPQWIK, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITE OR APPS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITE OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING OUR NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless TipQwik, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) any of your, your employees’, agents’, representatives or contractors’ acts or omissions, including but not limited to negligence and willful misconduct, (2) any of the hotel services, (3) Property Management System, (4) your violation of any applicable laws, including, without limitation, applicable data protection laws and regulations, or these Terms of Use, or (5) your or your Guest’s use of the Services, including, but not limited to, Customer Content, any use of the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services, Product, Website or App, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website, Product, or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois, in each case located in Cook County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by TipQwik of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TipQwik to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and any Additional Agreements constitute the sole and entire agreement between you and TipQwik regarding the Services and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and Services.
Your Comments and Concerns
The Services are operated by CHEF RON INDUSTRIES, LLC, having its principal place of business at 630 Elm Rd, Barrington, IL 60010.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the Contact Information below.
Contact Information
If you provide contact information to TipQwik, including your telephone number, mobile telephone number, email address, or mailing address, you hereby expressly consent to receive telephone calls, SMS text messages, emails, and physical mail from TipQwik regarding our services, subject to the terms of our Privacy Policy.
To ask questions or comment about these Terms of Use, contact us at: info@TipQwik.com