IHOLO TIP TOP SERVICE TERMS OF SERVICE
Thank you for using Iholo. We are glad to have you as part of our community. These terms (these “Terms”) apply to your use of the Iholo application (the “Application” or the “App”) and any related services (collectively, the “Services”) of Iholo Tip Top Service PTY LTD (“Iholo’’, ‘’the company’’ “we,” “us” or “our“).
Accepting these Terms
By clicking on the “I agree” button under these Terms of Service when you register as a user of
the Services and following updates to the Terms, you agree to be bound by the terms herein.
Please make sure that you are well acquainted with and understand these Terms. If a term does
not make sense to you, please let us know. If you do not agree with all of these Terms of
Service, you may not access or use the Services.
Changes to these Terms
We may from time to time update these Terms of Services. For example, we may change these
Terms if we come out with a new feature.If we make material changes, we will alert you by
displaying a notice upon the first visit to your account following the Terms’ update. We will ask
you to familiarize yourself with the changes and either affirmatively accept them or reject them
by clicking on the respective choice button. Should you reject the updates, your access to the
Services will be discontinued.
Description of the Service
Iholo allows patrons of our partners to leave a “cashless tip” and provide service feedback for the service they have received while at the property. A cashless tip is a digital payment made through a mobile device. Iholo is the platform that enables the creation of a partner account and through Snapscan, Zapper, Ozow and Stripe, facilitates the processing of the payment.
Upon signing up with the Iholo Services, a business and/or Individual is provided with unique QR codes generated by Iholo. Each QR code is assigned to a department, employee, event, location — per the partner’s discretion. For example, if the Partner is a hotel, it may create Employee profiles for its employees in house-keeping, maintenance, and front-desk services.
The patron leaves a tip in real-time by scanning a QR code placed at the Partner’s business. Before sending a tip, the patron can confirm the tip recipient, accept or reject the fee, and choose the payment method. Tips are processed by Snapscan, Zapper, Ozow or Stripe and then settled in the Partner’s account after it has been transferred to Iholo first.
Billing, Payment, Taxes and Fees
All financial transactions will be performed through Stripe, Ozow, Snapscan and Zapper, all
third-party billing and payment platforms. Additional payment platforms may be included in the
future.
Iholo does not charge users who use the Services to tip, unless the user opts to do so, but receivers of that payment will be charged as per Iholo Cost Structure which could go upto 20% of that payment. Iholo may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes on the website with at least 3 days notice. You agree to pay all amounts due in your account, quote or invoice and in accordance with Iholo payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Iholo may deactivate your access to the Services.
Receivers of payment via Iholo can choose between receiving payment by E-Wallet or Bank Transfer. You may make this decision when requesting a payout on the Services. You may choose to receive a payout between every 15 days or 30 days.
Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Iholo such additional amounts as are necessary to ensure receipt of the full amount that Iholo would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Iholo’s net income. In the event that Iholo is required to collect any tax for which you are responsible, you will pay such tax directly to Iholo or its payment processor. Iholo reserves the right to collect any applicable sales, use or value added tax.
All sales are final and there shall be no refunds except as required by law. Further, Iholo will not allow changes to your purchase after you complete it. Iholo may disable all access to the Services you have licensed to in the event you fail to make all payments when due.
You acknowledge and agree that any estimates of fees and charges provided to you by Iholo are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue.
Iholo does not charge users who use the Services to tip, unless the user opts to do so, but receivers of that payment will be charged as per Iholo Cost Structure which could go upto 20% of that payment. Iholo may increase, modify or add new fees and charges for any of the Services from time to time by posting such changes on the website with at least 3 days notice. You agree to pay all amounts due in your account, quote or invoice and in accordance with Iholo payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Iholo may deactivate your access to the Services.
Receivers of payment via Iholo can choose between receiving payment by E-Wallet or Bank Transfer. You may make this decision when requesting a payout on the Services. You may choose to receive a payout between every 15 days or 30 days.
Payments made under the Agreement shall be made without deduction or set-off for any withholding taxes, levies, imports, duties, charges and/or fees imposed by any governmental taxing authority except as required by law. If you are compelled to make any such deduction, you will pay to Iholo such additional amounts as are necessary to ensure receipt of the full amount that Iholo would have received but for the deduction. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of the Services, except for taxes based on Iholo’s net income. In the event that Iholo is required to collect any tax for which you are responsible, you will pay such tax directly to Iholo or its payment processor. Iholo reserves the right to collect any applicable sales, use or value added tax.
All sales are final and there shall be no refunds except as required by law. Further, Iholo will not allow changes to your purchase after you complete it. Iholo may disable all access to the Services you have licensed to in the event you fail to make all payments when due.
You acknowledge and agree that any estimates of fees and charges provided to you by Iholo are solely estimates based on assumptions and that you are fully responsible for the actual fees and charges that accrue.
Third Party Websites and Services
The Services may provide you with access to and/or integration with third-party websites,
databases, networks, servers, information, software, programs, systems, directories,
applications, products or services (hereinafter “External Services”).
The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.
The Company does not have or maintain any control over External Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, the Company does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. External Services may have their own terms of use and/or privacy policy and may have different practices and requirements to those operated by the Company with respect to the Services. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
The Company disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against the Company with respect to the content or operation of any External Services.
Privacy Policy
For information about how we collect, use and share information about users of the Services, please see our Privacy Policy.
Account Security
When you use the Services, you agree to maintain the security of your password and accept all
risk that someone may access your account without your permission. If you discover or
suspect any Services security breaches, please let us know as soon as possible. You represent
and warrant to us that all information that you provide in connection with your account is
accurate, truthful, current and complete. While we will apply reasonable and customary care to
protect the system of unauthorized use, we will not be liable for any loss or damages in the
event third parties access your account until we acquire knowledge of the unauthorized access.
We reserve the right to deny, deactivate, or terminate any account at our discretion.
Account Access via Social Networks
You may have an option to access the Iholo Services through your accounts with social network
services, such as Linkedin, Facebook and Twitter. Note that regardless of whether you access
the Services directly or via a social network account, you are bound by these Terms. Please
note that we are not responsible for downtime and connectivity failures of social networks’
gateway access to the Services.[GH4]
Right to Use the Service
On the condition that you fully comply with these Terms, we grant you a limited, nonexclusive,
non-transferable and revocable license to access and use the Services.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services, except in cases where we ask you to suggest your translation of certain parts of the Services in other languages, subject to license as described in section “Feedback and Translations”; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Services or its related systems or networks.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Services, except in cases where we ask you to suggest your translation of certain parts of the Services in other languages, subject to license as described in section “Feedback and Translations”; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Services; (c) disassemble, decompile or reverse engineer any of the software components of the Services; (d) copy, frame or mirror any part of the Services; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Services or its related systems or networks.
Trademark License
We may provide you with tools to download certain Iholo logos and trademarks (“Iholo Marks”)
via the Services. If you download or otherwise obtain the Iholo Marks, we grant you a limited
right to (a) use the Iholo Marks for the sole purpose of referencing the Services and (b) use
only those Iholo Marks that are made available to you by us through such tools. We own all
right, title and interest to the Iholo Marks and any goodwill associated with your use of the Iholo
Marks will insure to our benefit.
Prohibited Use of the Service
You may not post and otherwise transmit through the Services:
You may not:
- Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Services, the Services’ users, or third parties; Transmit through the Services personal information of another person, including email addresses, phone numbers, Social Security numbers and financial information, that alone or in combination with other information may be used to identify an individual;
- and
- Transmit through the Services content that is illegal, harmful, libelous, defamatory, abusive, offensive or hateful.
Your Obligations
You agree to use reasonable security precautions in connection with your use of the Services. You must comply with the Laws (as defined below) with respect to your use of the Services. For the purposes of the Terms, “Laws” means governmental, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, the subject matter of the Terms or the Services.
Should you get a consistent 3 star and below ratings over the course of a month, Iholo reserves the rights to remove you from its platform and services and deny you any further access to it
Iholo's Rights
As between you and Iholo PTY LTD, all information, materials and content of the Services,
including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs,
music, sounds, images, software, videos, designs, typefaces, source and object code, format,
queries, algorithms and other content is owned by Iholo or is used with permission. You own all
of your Content. However, when you post, link or otherwise make available Content to the
Services, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content throughout the world in any manner or
media, on or off the Services. We reserve all rights not expressly set forth in these Terms.
Feedback; Patrons’ Ratings and Reviews
Any suggestions, comments or other feedback Partners or Patrons give us about the Services
will be our confidential information. We are free to use, disclose, reproduce, license, distribute
and exploit this feedback as we see fit, without compensation to you or any obligation or
restriction because of any intellectual property rights or otherwise.
Patrons own all rights in ratings and reviews they submit about Partners’ business and Employees’ services via Iholo. Patrons grant Partners and Iholo exclusive, world-wide, royalty-free, and irrevocable license to use the ratings and reviews related for their business purposes.
Patrons own all rights in ratings and reviews they submit about Partners’ business and Employees’ services via Iholo. Patrons grant Partners and Iholo exclusive, world-wide, royalty-free, and irrevocable license to use the ratings and reviews related for their business purposes.
Responsibility for Partner, Patron, and Third Party Content
We do not control or endorse any Content posted or otherwise made available by Partners and
Patrons via the Services, including third party Content accessible via our Services, such as
through links posted by Partners and Patrons or included in advertisements, nor are we
responsible for reviewing the accuracy of any such Content. Your business dealings or
correspondence with other Partners, Patrons, or third parties, and any terms, conditions,
warranties or representations applicable to any Partner, Patron, and third party Content, are
solely between you and the applicable Partner, Patron, or third party.
Disclaimers
THE SERVICES AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS)
ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER
WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH
RESPECT TO THE SERVICES AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED
TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY
COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL IHOLO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR ANY OTHER SERVICE AND
CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES
(INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE
DAMAGES.
Indemnification
You will defend, indemnify, and hold us harmless from and against any actual or threatened
suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines,
judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’
fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with
respect to the Services or violation (or alleged violation) of these Terms or the rights of any
third party by you or any person using your Iholo App account.
Consent to Electronic Communications
By using the Services, you agree that we may communicate with you electronically regarding
your use of the Services and that any notices, agreements, disclosures or other
communications that we send to you electronically will satisfy any legal communication
requirements, including that the communications be in writing. To withdraw your consent from
receiving electronic notice, please notify us at: info@Iholo.co.za
Suspension and TErmination
We may suspend or terminate your rights to access or use the Services for any reason or for no
reason at all and with or without notice at our discretion. All of the terms of these Terms will
survive any termination or suspension. You may cancel your account at any time by contacting
us at info@Iholo.co.za.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO
ARBITRATE DISPUTES WITH IHOLO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK
RELIEF FROM IHOLO.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and Iholo agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the Republic of South Africa. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. you and Iholo will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Republic of South Africa. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Services, you and Iholo agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the Republic of South Africa. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. you and Iholo will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Republic of South Africa. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator.
General
Enforcement of these Terms is solely at Iholo’s discretion. Failure to enforce any part of these
Terms in some instances does not constitute a waiver of our right to enforce the same or other
part of these Terms in other instances. If any provision of these Terms is or becomes unlawful,
void or otherwise unenforceable (including the warranty disclaimers and liability limitations
above), then that provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision, and the remaining provisions of these
Terms will continue in full force and effect.
Questions and Comments
If you have any questions or comments, please contact us at:
info@Iholo.co.za
Last updated 1st March 2021