Talentipper· These Terms (known as Terms of Use) outline the agreement between users and Talentipper regarding the use of the platform. By accepting these terms, users acknowledge their understanding and compliance with the guidelines and regulations set forth by Talentipper.
Talentipper owns and operates the Talentipper application (the “App”) and website (www.talentipper.ca) (the “Website”) (collectively the App and the Website are the "Platforms").
These terms of use, including any policies referred to herein, set out the agreement (the "Agreement") between “you” as a Tipper (defined below) or “you” as a Performer or group of performers (defined below) and Talentipper (“we” or “us”) (the "Agreement") under which you may access and use the Platforms.
By accessing or using any part of the Platforms you agree to be bound by the terms of this Agreement as the same may be amended as provided herein. If you do not agree with all of the terms set out in this Agreement you may not access or use the Platforms.
You may not access or use the Platforms if you are less than 16 years of age.
1. Talentipper may amend this Agreement at any time by posting a new Agreement on the Platforms in place of this one. We will post a notice that the Agreement has been amended on the Platforms. The amended Agreement will become effective 30 days after notice is given, except when required by law to take effect immediately. Your continued use of the Platforms following the posting of the amended Agreement and the notice of amendment will mean that you accept the terms of the Agreement as amended. If you do not agree with any of the terms or conditions in the amended Agreement, then you agree to immediately cease all use of the Platforms.
2. A tip can be paid by Google Pay, Apple Pay or by credit card. If by credit card, you will receive an SMS notification from the bank that issued your credit card asking you to confirm that it is you paying the tip with your cc and only once you confirm by return SMS notification to your bank that it is you making the payment with your credit card will the tip amount be taken from your cc.
3. The Platforms provide users with an easy, convenient and fast payment service(the "Services") that allows audience members of a show (the “Tippers”) to pay a tip (the “Tip”) to one or more performers (the "Performers").
4. When you send a Tip through the Platforms, your bank account will be charged immediately. Any transaction made through the Platforms is final and cannot be cancelled and you will not receive a refund once you make a payment.
5. Provided you are in compliance with this Agreement, you are granted a non-exclusive, non-transferable, revocable license to use the Services and access the Platforms.
6. Tippers may register an account on the Platforms, but need not do so in order to tip a Performer. Without an account, Tippers may use the Services through the Website.
7. Non-compliance with this Agreement will result in termination and/or immediate and automatic suspension of your use of the Services and license to access the Platforms without prior notice to you, at our discretion.
8. Performers will be required to register an account on the Platforms in order to access the Services. The Platforms provide users with an easy, convenient and fast way to receive Tips. In order to receive Tips, you must set up a profile on the Platforms and provide your banking information. Your identification will be verified, in way(s) determined by us in our sole discretion. We may refuse to accept a profile for any reason whatsoever. If we refuse your profile, you will not be allowed to access the Services.
9. When registering an account performers will be asked/required to take a pic of their face (uncovered) and to take a pic or upload a pic of a piece of official ID with their name on it. Your submission of this personal information through the Platforms is governed by our privacy policy which can be found here: https://www.talentipper.com/privacy-policy.html
10. Provided you are in compliance with this Agreement and we have accepted your profile,24 hours after you register your account you will be granted a non-exclusive, non-transferable, revocable license to use the Services and access the Platforms.
11. Non-compliance with this Agreement will result in termination and/or immediate and automatic suspension of your use of the Services and license to access the Platforms without prior notice to you, at our discretion.
12. When you send a tip 90% of it will be paid to the Performer if it is one performer. If you direct that the tip is to be paid to a group of performers, 90% of the tip will be split equally by all of the performers.
13. A new Performer account must be open for at least 14 days prior to being able to be paid tips by Talentipper.
14. Only once the total tips accumulated by a Performer reached fifty dollars CDN ($50.00) will Talentipper send the tips to the Performer. The app provides a mechanism for you to keep track of the cumulative amount of tips you have received to date. Once the tips are paid to a Performer the usual processing time is four (4) business days for the payment to be received in the bank account of the Performer.
15. This Agreement will come into effect on your acceptance of the terms and conditions and will continue in force unless terminated. You may close your account at any time..
16. We may immediately suspend or terminate your access to the Services for any reason. We will make reasonable efforts to notify you of such suspension or termination.
17. We will use reasonable efforts to ensure that appropriate firewalls and other security measures are in place to ensure that the Platforms are secure against unauthorized access in accordance with industry standards.
18. In the event of theft or loss of your personal or banking information, you must notify us by contacting us at contact@talentipper.com. You must close down the compromised Talentipper account within 12 hours of providing such notice of such theft or loss. We are not liable for any loss or theft.
19. You will not do anything to compromise the Platforms, including without limitation:
a. transmitting, or procuring the sending of, any advertising or promotional material;
b. transmitting any content or data that is unlawful or infringes any intellectual property rights;
c. using the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party’s use of the Platforms, including their ability to engage in real time activities through the Platforms;
d. using any device, software or routine that interferes with the proper working of the Platforms;
e. introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
f. attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms are stored, or any server, computer or database connected to the Platforms;
g. disassembling, decompiling, reverse-engineering, copying, translating or making derivative works, or
h. otherwise attempting to interfere with the proper working of the Platforms.
20. We will use third party payment processing service providers to process payments made on the Platforms. You hereby authorize us to share your personal information and banking information with such payment processing service providers. You also agree that we are not responsible for the use or misuse of such financial information, banking details and transaction information by those third party payment processing service providers.
21. You are solely responsible for maintaining the confidentiality of your password and user account information. Any activity which occurs under your user account is your responsibility. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
22. If you are signing onto the Platforms as a Performer, you are responsible for ensuring that you enter the correct bank information when registering for the Services. All banking information is subject to verification by us or a third party, as applicable.
23. The Platforms may provide links to third-party websites solely for your convenience. We have not reviewed and do not control any of these third-party websites. We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of these third-party websites linked to the Platforms, you do so entirely at your own risk.
24. You agree and acknowledge that the Platforms contain proprietary and confidential information that is protected by intellectual property and other laws. Except as explicitly provided in this Agreement, you may not take, appropriate, convert, distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of our generated information and materials. We own trademarks and service marks. You may not use any of our trademark or service mark or third party trademarks or service marks without our prior written consent or the prior written consent of the applicable third party.
25. You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
26. You agree to defend, indemnify and hold us and our officers, directors, employees, shareholders, agents and representatives harmless from and against any claims, damages, costs and expenses, including legal fees on a solicitor client full indemnity basis, arising from or related to your use of the Services and the Platforms.
27. Your use of the Platforms is at your own risk. The content of the Platforms is provided "as is" without warranties or conditions of any kind, either express or implied, without limitation, implied warranties as to fitness for a particular purpose or non-infringement of intellectual property. We do not promise that the Platforms or any information or material, service or feature will be error-free or uninterrupted or that any defects will be corrected, or that your use of the Platforms will provide specific results. We cannot ensure that any data you download from the Platforms or upload to the Platforms will be free from viruses or contamination or destructive features. We assume no liability for delays, interruptions, service failures and other problems inherent in the use of the internet and electronic communications. You assume total responsibility for your use of the Platforms and your sole remedy against us for dissatisfaction with the Platforms is to stop using the Platforms.
28. We may refuse to perform payment operations through the service, postpone or delay their performance, perform them partially or limit them for reasonable reasons and all in accordance with the provisions of the law and as detailed in this Agreement.
29. We assume no liability or responsibility for any damage to you, your mobile device or your other property, due to your access to, use of, or downloading of this Platforms or any information or materials provided on this Platforms. In no event will we be liable to you for any direct, indirect, special, consequential, punitive, incidental or exemplary damages in connection with your use of the Platforms.
30. This Agreement shall be construed exclusively in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions.
31. The terms and conditions in this Agreement constitute the whole agreement with respect to the access and use of the Platforms and the relationship between the parties for the purposes of the same. If any term or condition of this Agreement is held to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby and will remain valid and enforceable.
32. Our failure to insist upon or enforce strict compliance with any provision of this Agreement may not be construed as a waiver of any provision or right of the same or different type in the future.
33. This Agreement will enure to the benefit of and be binding on the successors and assigns of the parties.