URocked Member Terms & Conditions

BACKGROUND

These Terms for Members, set out the terms under which users (“Members”) can receive gratuities or donations from Customers via the URocked Platform/App. Please read these Terms for Members carefully and ensure that you understand them before using our Platform/App. These Terms for Members, as well as any and all contracts are in the English language only.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms for Members, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the registered profile required to access and utilise the functionalities of the Platform/App. This profile facilitates the management of your personal settings, interaction preferences, and access to services provided by URocked. Please note, any financial transactions or gratuities handled through your Account are processed externally by payment processing partners, in accordance with applicable financial regulations.

“Customer” means any user who visits our Platform/App.

“Content” means all forms of information capable of being stored on a computer that appears on, or forms part of, our Platform/App, including text, images, audio, video, scripts, code, software, and databases.

“Gratuity” means any voluntary payment or tip made by a Customer to a Member via the Platform/App, intended as a non-charitable contribution to the Member in appreciation for service received.

“Donation” means funds provided by Customers to support the activities of Members recognised as registered charities within the Platform/App. These transactions may be eligible for tax benefits depending on local regulations.

“Platform” means the digital service provided by URocked, which facilitates the transfer of gratuities and donations from Customers to Members. This includes all associated functionalities, tools, and content accessible on the URocked Platform/App.

“Member” means a user who has registered an Account on the URocked Platform/App and is engaged in an industry or activity where receiving gratuities or donations is customary. These users are eligible to receive such financial transfers from Customers in accordance with these Terms.

“we/us/our” means UR Payment Technologies Ltd, trading as URocked, a company registered in England and Wales under number 12913114, whose registered office address is at 411 Oxford Street, Office 1,01, London, W1C 2PE.

you/your means the Member, being a registered user of the Platform/App who is eligible to receive gratuities or donations from Customers in accordance with these Terms.

2. ACCESS TO AND USE OF OUR APP

2.1 Access to our Platform/App is provided free of charge.

2.2 It is your responsibility to secure the necessary equipment and internet connection needed to access our Platform/App.

2.3 Access to our Platform/App is provided on an “as is” and “available” basis. We reserve the right to modify, suspend, or discontinue any part of our Platform/App at any time. We will endeavor to provide reasonable notice of any significant changes, unless urgent circumstances require immediate action. We are not liable for any unavailability of our Platform/App or any part thereof whether due to external forces or necessary maintenance work. However, we commit to minimising disruptions within our reasonable control.

2.4 Your use of our Platform/App is governed not only by these Terms for Members but also by our Terms for Customers. Please ensure that you have read them carefully and that you understand your rights and responsibilities.

3. YOUR STATUS, AND YOUR APPOINTMENT OF US AS YOUR COMMERCIAL AGENT

3.1 You may only create an Account on our Platform/App if you are at least 16 years of age.

3.2 You confirm that you have the legal right to work in the country where you use the Platform/App, and that you possess a valid bank account registered in your name. Were applicable, that your employer holds a verified business account designated for the receipt of gratuities.

3.3 You warrant that you are either engaged in a legitimate industry associated with receiving gratuities, such as hospitality, personal services, or entertainment, or part of a registered charity that meets local regulatory standards to receive donations.

3.4 You warrant that you remain personally responsible for reporting and paying any and all taxes that may be due on payments received from us, including gratuities or donations.

3.5 By using our services, you grant us the authority to act as your non-exclusive commercial agent for the purposes of collecting gratuities and donations on your behalf, as outlined in these Terms for Members. We operate solely as your agent and do not represent the Customer or any third parties involved in the transaction process.

3.6 As your non-exclusive commercial agent, you grant us the authority to handle and conclude transactions with Customers on your behalf for the collection gratuities and donations, which includes your authority to bind you contractually in respect of those transactions.

3.7 You agree that our liability to you is limited to our role in collecting and disbursing gratuities and donations on your behalf. We are liable to you only in instances where we fail to transfer collected funds to your designated account within the agreed time frame, after deducting any applicable fees, costs, or commissions we are entitled to charge. Beyond the collection and disbursement of these funds, we have no additional responsibilities or liabilities related to the management or use of such funds.

3.8 Where gratuities or donations are transferred to a merchant’s corporate account, we are not responsible for managing the timing, amount, or distribution of those funds once transferred. In such cases, the merchant to whom funds are transferred will be solely responsible for their further allocation and any subsequent disbursements.

3.9 You acknowledge and agree that you are solely responsible for determining, reporting, and paying any taxes, charges, or other liabilities arising from gratuities or donations received via the Platform/App. This responsibility persists whether the payments are made directly to you or routed through a merchant. We do not and will not account for, report on, or assume any responsibility for any gratuities, or tips collected by you outside of our Platform/App.

3.10 URocked accepts no responsibility for your personal tax obligations or the tax treatment of funds distributed by merchants or other third parties, whether these funds are derived from gratuities or donations. We are not responsible for any transactions, settlements, or tax reporting obligations related to gratuities, or tips collected outside of our Platform/App.

3.11 We act as your non-exclusive commercial agent, and you may continue to collect gratuities or donations directly from Customers in addition to, or instead of, using our Platform/App. We will not be responsible or liable for the settlement, tracking, or reporting of any gratuities, or tips received outside of our Platform/App.

4. OUR OBLIGATIONS

4.1 We agree to:

  • 4.1.1 Provide you with continuous access to our Platform/App, subject to scheduled maintenance and any unforeseen interruptions,and allow you to create and manage your Account.
  • 4.1.2 Present different options to Customers regarding the amounts they can choose to pay as gratuity or donate.
  • 4.1.3 Collect, and distribute all gratuities or donations received via the Platform/App on your behalf.

5. OUR PLATFORM/APP

5.1 You hereby acknowledge and agree that:

  • 5.1.1 You can only register one Account with our platform. If we detect fraudulent or dishonest behaviour in the creation or operation of multiple or duplicate accounts, we reserve the right to suspend or withhold any payments related to these Accounts and to take appropriate action, including account termination.
  • 5.1.2 We maintain the right to close any Account on our platform at our discretion. Account closures may be due to compliance issues, suspected fraud, prolonged inactivity, or breaches of our terms and conditions.
  • 5.1.3 You must provide us with accurate and up-to-date information during the Account registration process and for the duration of your use of our services. It is your responsibility to inform us promptly of any changes to your personal details which may impact the use of Your Account (e.g. a change of address or new bank details). Notifications of changes should be made through the Platform interface or by contacting our Support team via email [email protected].
  • 5.1.4 To safeguard the integrity of our platform and comply with regulatory requirements, we use a third party service to verify your identity. The verification may include checks such as facial recognition, government database lookups, media searches and examination of ID documentation. Details about the data we collect and how we handle this information are fully outlined in our Privacy Policy.

6. RECEIVING A TIP

6.1 In order to become a Member and be able to receive gratuities or donations from Customers, you must first register an Account with us. There are no set-up charges for opening an account with us. You must ensure that any details you provide are accurate and kept up to date:

  • 6.1.1 You will need to provide an email address, name, physical address, telephone number, date of birth, and photographic identification. Your email address will serve as your username for login purposes.
  • 6.1.2 You are required to provide your banking details to enable the distribution of funds directly to your account.
  • 6.1.3 You can only register one Account with us. If we discover any fraudulent or dishonest activity in the creation or management of accounts we reserve the right to suspend or withhold payments, or even close the Account.

6.2 There is no charge for you to receive donations or gratuities through our Platform. However, Customers might incur a transaction surcharge of 0.25 for each transaction made. For any payment exceeding 1.00 an additional 5% of the total gratuity amount is also charged. These fees are used to cover the costs associated with processing transactions and are fully disclosed to Customers prior to their completion of each transaction.

6.3 Withdrawals of your accumulated gratuities and donations are processed automatically and scheduled for deposit into your nominated bank account every Monday, Wednesday, and Friday. All funds which are payable at this time will be deposited into your nominated bank account. We commit to adhere to this schedule to ensure timely access to your funds. However, be aware that occasional delays may occur due to factors beyond our control. In these instances we will make every effort to process transactions at the earliest possible opportunity.

6.4 Withdrawals from your Account are subject to review for accuracy and legality. At our discretion, based on reasonable criteria, withdrawals may be held for additional verification before processing. Should a transaction be determined fraudulent, suspicious, or it has failed to meet regulatory compliance, we reserve the right to cancel and remove such transactions from your Account.

6.5 Gratuity and donation transfers received via the Platform/App may be routed either directly to the Member’s personal account or to a designated merchant account, depending on the configuration agreed upon by the merchant and the Platform.

6.6 When gratuities or donations are transferred to a designated merchant account, the responsibility for the accurate and lawful distribution of these funds rests solely with the merchant. URocked acts solely as a facilitator in the transfer of these funds and does not manage or oversee their distribution. Therefore, URocked shall not be held liable for any delays, failures, or misallocations by the merchant once funds have been successfully transferred.

7. USAGE OF OUR PLATFORM/APP

7.1 You are required to use our Platform/App solely as permitted by law and according to these terms. Specifically:

  • 7.1.1 You must not engage in any unlawful activities, including any form of fraud, on our Platform/App.
  • 7.1.2 Do not send, upload, or transmit any data or material that could harm or adversely affect our Platform/App, other devices, software, or data of any kind.
  • 7.1.3 Avoid using our Platform/App in any manner that could be harmful, harassing, or invasive of the privacy of other persons.
  • 7.1.4 The Platform/App is designed exclusively for sending and receiving gratuities and making donations. It is not to be used for any other financial transactions not expressly authorised by us. Failure to follow these rules may result in suspension or termination of your access to the Platform/App, legal action against you, and notification to relevant authorities if illegal activities are suspected.

7.2 When using any communication features of our App, such as leaving reviews or comments, you are required to adhere to standards of respect and legality. Specifically, you must not:

  • 7.2.1 Avoid posting or sharing content that is sexually explicit, obscene, or designed to shock or disturb.
  • 7.2.2 Do not use language or share content that is deliberately offensive, hateful, defamatory, or capable of inciting violence.
  • 7.2.3 Ensure that your communications do not promote, assist, or constitute any form of unlawful activity.
  • 7.2.4 Commit to non-discrimination in your communications, refraining from any language or content that discriminates against individuals based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • 7.2.5 Do not engage in communication that is intended to or likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.
  • 7.2.6 Avoid communications that are deceitful or intended to mislead others.
  • 7.2.7 Ensure that your activities do not infringe upon someone else’s privacy or misuse their personal data in any manner not expressly authorised.
  • 7.2.8 You must not falsely impersonate any person or misrepresent your identity or affiliation with any entity or organisation.
  • 7.2.9 Do not claim or imply any form of affiliation with our Platform/App, our company, or any of our associated entities if such relationships do not exist.
  • 7.2.10 Do not copy or use someone else’s copyright materials, inventions, trademarks or any other proprietary information without permission.
  • 7.2.11 Do not engage in actions that break your legal and and contractual commitments to others, including any agreements to keep information private.

7.3 If you breach the provisions of clause 7 or any other parts of these Terms we reserve the right to take one or more of the following actions based on the severity and nature of the breach:

  • 7.3.1 We may suspend your Account access, temporarily or permanently, depending on the breach’s seriousness.
  • 7.3.2 You may receive a written warning advising you of the breach and the need to comply with our Terms.
  • 7.3.3 We may initiate legal proceedings to recover costs resulting from your breach, where you will be responsible for all related expenses on an indemnity basis.
  • 7.3.4 Depending on the breaches nature and severity, further legal action may be taken against you. This could include claims for damages or other judicial remedies deemed necessary.
  • 7.3.5 We may disclose information to law enforcement authorities as required by law or where we deem reasonably necessary for the protection of our legal rights, or the rights of others.
  • 7.3.6 We reserve the right to take any other actions which we deem reasonably appropriate (and lawful) under the circumstances.

8. COMPLAINTS

8.1 We are committed to providing a good experience to all our members, and we value your feedback. If you have any issues or have any concerns, we encourage you to contact us so that we can address your needs promptly. Please submit any complaint in writing to our dedicated email [email protected].

9. TERMINATION

9.1 You have the right to terminate your Account at any time. To do so, please submit your request via email to our support team at [email protected]. Upon receiving your request, we will:

  • 9.1.1 Suspend your Account to prevent any new transactions.
  • 9.1.2 Settle any outstanding balances owed to you within our standard payment settlement terms, after deducting any debts or fees you owe to us.

9.2 We reserve the right to terminate this Agreement under certain conditions by providing you with written notice:

  • 9.2.1 Immediately, if you commit a material breach of these Terms.
  • 9.2.2 If we decide to cease providing our services, we will endeavour to notify you at least 7 days in advance.

9.3 Termination of this Agreement will not affect any rights and obligations accrued before the termination date. This includes any right to receive gratuities due up until termination and our right to demand settlement of any outstanding fees.

10. OUR LIABILITY TO YOU

10.1 We shall be liable for direct damages that are reasonably foreseeable and directly attributable to our negligence or our breach of these Terms. This liability is strictly limited to losses that we could have anticipated at the time you agreed to the Terms.

10.2 Except as expressly stated in these Terms, we shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages.

10.3 Our total liability to you for any claims arising out of or related to these Terms for Members or your use of the Platform/App shall not exceed the amount you have paid us, if any, in the last six months for the services, or a fixed sum where no such payment has been made, as determined by applicable law.

10.4 Nothing in these Terms will limit or exclude our liability for:

  • 10.4.1 Death or personal injury caused by our negligence.
  • 10.4.2 Fraud or fraudulent misrepresentation.
  • 10.4.3 Any other liability which cannot be limited or excluded by applicable law.

10.5 These Terms do not affect any consumer rights that you have under the mandatory laws of your jurisdiction protection authority in your local area.

11. DATA PROTECTION

11.1 All personal information that we collect, process, and store will be in compliance with the General Data Protection Regulation (“GDPR”) for members within the EU, and the UK General Data Protection Regulation (UK GDPR) alongside the Data Protection Act 2018 for members in the UK.

11.2 For detailed information regarding the collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy.

11.3 Customers may also have access to your personal information in the course of transactions (for example, your name). Customers are, therefore, also considered data controllers under the GDPR and UK GDPR and will be responsible for complying with their legal obligations and protecting your rights under the GDPR and UK GDPR.

12. OTHER IMPORTANT TERMS

12.1 We may transfer (assign) our obligations and rights under these Terms for Members to a third party (this may happen, for example,if there is a transfer of ownership of UR Payment Technologies Ltd). If this occurs, you will be informed by us in writing. Your rights under these Terms for Members will not be affected and our obligations under these Terms for Members will be transferred to the third party who will remain bound by them.

12.2 You may not transfer (assign) your obligations and rights under these Terms for Members without our express written permission.

12.3 If any of the provisions of these Terms for Members are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms for Members. The remainder of these Terms for Members shall be valid and enforceable.

12.4 No failure or delay by us in exercising any of our rights under these Terms for Members means that we have waived that right, and no waiver by us of a breach of any provision of these Terms for Members means that we will waive any subsequent breach of the same or any other provision.

12.5 We may revise these Terms for Members from time to time in response to changes in relevant laws and other regulatory requirements.

12.6 White Label Agreement. URocked is available as a white labelled, licensed, product:

  • 12.6.1 In the event where URocked is being used as a licensed product, all software and data remain the responsibility of URocked.
  • 12.6.2 In this scenario. Any contractual agreements remain between URocked and the members.
  • 12.6.3 URocked will facilitate the giving and receiving of tips on behalf of the member, acting as a commercial agent. The White Label Partner, or Associated Company(ies) will not have access to, or hold control over, any tips which are collected via the URocked platform.
  • 12.6.4 URocked may be required to report certain information with regards to overall member performance on the platform. All personal identifiable information will be withheld for all such reports and only overall tip volume, and other generic information will be reported on.

13. LAW AND JURISDICTION

13.1 These Terms and Conditions, and any non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with the laws of England & Wales. Any disputes relating to these Terms, their formation, or their subject matter shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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