Terms of Service — tipWave #
Last Updated: 2026-02-26 Effective Date: 2026-02-26
1. Agreement to Terms #
By accessing or using tipWave ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. Electronic transactions conducted through the Service are recognized as legally binding under the Electronic Transactions Act 2000 of Mauritius. You agree to receive all notices, disclosures, and communications from tipWave in electronic form (via email, push notifications, or in-app notifications). Electronic notices have the same legal force as paper notices in accordance with the Electronic Transactions Act 2000 (Section 13).
2. Description of Service #
tipWave is a technology platform operated by Kiteschool Kitebelles LTD (BRN: C23194572), Royal Road, La Gaulette 1903-02, Mauritius, that enables hospitality employees to receive tips from customers via QR codes.
Key Definitions:
- "Partner Venue" (hereinafter "Venue") — a legal entity or sole proprietor that has entered into a service agreement with tipWave for gratuity program support
- "Recipient" — an individual, an employee of a Partner Venue, registered with the Service to receive tips
- "Guest" — a person sending tips through the Service
The Service includes:
- Mobile applications (iOS, Android) for Recipients
- Web application (cabinet) for Recipients and Venues
- Payment page for Guests
- Payment processing (via Peach Payments, a licensed Payment Service Provider)
2.1 Role of tipWave and Money Flow #
tipWave is the merchant of record in its relationship with payment provider Peach Payments. The money flow is as follows:
- Guest makes a payment through the tipWave payment page
- Peach Payments processes the transaction and credits funds to tipWave's merchant account
- tipWave recognizes the commission for providing the Service as its revenue and records the tip amount collected for each Recipient
- Partner Venue provides tipWave with gratuity program support services and invoices tipWave based on Service data
- tipWave pays the Partner Venue's invoice in accordance with the service agreement
- Partner Venue independently distributes the received funds among its employees within its employment relationships
"Accumulated tips" displayed in the Recipient's app are an informational metric — the sum of tips collected through the Service for that Recipient. This metric is not an e-wallet, bank account, monetary storage facility, and does not create monetary obligations of tipWave to the Recipient.
tipWave:
- Is not a bank, credit institution, or financial institution within the meaning of the Banking Act 2004
- Does not store or process payment card data — card processing is handled by Peach Payments (PCI-DSS Level 1)
- Does not maintain accounts for users and does not hold monetary funds of Recipients or Venues
- Does not employ Recipients, does not control their working conditions, and is not a party to any employment relationship between Recipients and Venues
- Does not make payments directly to Recipients (individuals) — payments are made to Partner Venues (legal entities) under service agreements
- Does not guarantee distribution of funds by the Venue to a specific Recipient after the Venue's invoice has been paid
2.2 Responsibility Breakdown #
| Area | Responsible Party | Description |
|---|---|---|
| Card payment processing | Peach Payments | PCI-DSS Level 1, tokenization, 3D Secure |
| KYC/AML verification of tipWave as merchant | Peach Payments | In accordance with FIAMLA 2002 |
| Fraud monitoring of payment transactions | Peach Payments | Automated screening of every transaction |
| Suspicious Activity Report (SAR) filing with FIU | Peach Payments | In accordance with FIAMLA 2002 |
| Custody of tipWave's merchant funds | Peach Payments | Merchant account segregated from Peach's operational funds |
| Settlement with tipWave | Peach Payments | Via MCB Ltd (acquiring bank) |
| Chargeback and payment scheme dispute processing | Peach Payments | Visa/Mastercard dispute resolution |
| Partner Venue verification (KYB) | tipWave | Verification of legal entity registration, BRN, bank details, beneficial owners (25%+) |
| Recipient identification | tipWave | Identity verification upon registration |
| Tip accounting | tipWave | Recording tip amounts collected for each Recipient |
| Venue invoice payments | tipWave | Payment under service agreement based on invoice |
| Distribution of funds among employees | Partner Venue | In accordance with Venue's internal policies and labor law |
tipWave does not process card data. Payment processing is handled by Peach Payments (PCI-DSS Level 1).
Use of Peach Payments' payment services is additionally governed by Peach Payments' terms and Peach Payments' privacy policy.
tipWave reserves the right to replace or supplement the payment provider, notifying users in accordance with Section 15. When changing the payment provider:
- The new provider will maintain equivalent security standards (PCI-DSS Level 1 or higher)
- All terms of this agreement, including commissions, payment timelines, and transaction limits, remain in effect
- tipWave will notify users at least 30 days before the transition to a new provider
- The transition will not require re-registration or additional data from Recipients and Guests (except as required by the new provider)
- Brief interruptions in payment processing may occur during the transition — tipWave will provide advance notice of such interruptions
2.3 Role of the Partner Venue #
The Partner Venue:
- Enters into a service agreement with tipWave for gratuity program support
- Registers its employees as Recipients or confirms their self-registration
- Provides tipWave with gratuity program support / marketing support services, including ensuring QR code placement, assisting Recipients, and distributing funds among employees
- Invoices tipWave for services rendered based on Service data
- Bears responsibility for timely and complete distribution of received funds among employee-Recipients in accordance with applicable labor law (Employment Rights Act 2008)
- Bears responsibility for withholding and paying taxes on amounts distributed to employees, as required by applicable law
tipWave provides the Venue with detailed reporting by each Recipient for purposes of accurate distribution.
Liability for non-distribution: If a Partner Venue fails to distribute funds among employee-Recipients, the Venue bears responsibility for such non-distribution. tipWave will use reasonable efforts to assist in resolving the dispute but bears no financial responsibility for the actions or inaction of the Venue after its invoice has been paid. Recipients may file a complaint in accordance with Section 13.
3. Eligibility #
For Partner Venues:
- Be a legal entity or sole proprietor registered in Mauritius
- Have a valid business bank account in Mauritius
- Enter into a service agreement with tipWave
- Provide incorporation documents, BRN, and current bank details
- Ensure the existence of employment or civil-law relationships with Recipients registered under the Venue
For Recipients:
- Be at least 18 years old
- Be legally able to enter into contracts
- Provide accurate registration information
- Be an employee or contractor of a Partner Venue
- Successfully complete identity verification conducted by tipWave upon registration
For Guests (tip givers):
- Be at least 18 years old (or the age of majority in your jurisdiction, if higher)
- Use a valid payment method issued in your name
3.1 Representations and Warranties #
By using the Service, you represent and warrant that:
All users:
- All information provided by you is true, accurate, and current
- You are not on any sanctions list (UN, EU, OFAC) and are not acting on behalf of a sanctioned person
- You are not using the Service for money laundering, terrorism financing, or other illegal activity
- You have all necessary rights and permissions to use the Service
Partner Venues additionally represent:
- The bank account linked to the account belongs to the Venue and is opened in its name
- The Venue is registered and operates in compliance with the laws of Mauritius
- The Venue undertakes to timely and fully distribute funds received from tipWave among Recipients in accordance with Service data
- The Venue undertakes to fulfill all employer obligations, including withholding and paying taxes on amounts distributed to employees, as required by applicable law
- The Venue will promptly notify tipWave of changes in registration data, bank details, or employee status
Recipients additionally represent:
- You are an employee or contractor of the specified Partner Venue
- You have the legal right to work in Mauritius (where applicable)
- You will promptly notify tipWave of termination of your relationship with the Venue
Guests additionally represent:
- The payment method used belongs to you or you are authorized by its owner
- You acknowledge that tips are voluntary payments and are generally non-refundable (except as provided in Section 12)
The Service is not available to persons and organizations in jurisdictions included on UN, EU, or OFAC sanctions lists, or in jurisdictions designated by FATF as high-risk jurisdictions (grey list / black list).
Breach of these representations constitutes a material breach of these Terms and results in immediate account termination.
4. Account Registration #
4.1 Registration #
You must create an account to receive tips. You agree to provide accurate, current, and complete information.
4.2 Account Security #
You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use.
4.3 Account Termination #
Account suspension or termination is governed by Section 18.
5. Fees and Payments #
5.1 Commission #
tipWave charges a commission of 10% on each tip received. The commission constitutes tipWave's revenue for providing the Service and is paid by the Guest (added to the tip amount).
Example:
- Tip amount: 100 MUR
- tipWave commission (10%): 10 MUR
- VAT (15% on tip amount): 15 MUR
- Guest pays: 125 MUR
- tipWave revenue (commission): 10 MUR
- VAT payable: 15 MUR
- Amount payable to Venue: 100 MUR
VAT is charged on the tip amount and paid by the Guest in accordance with the Value Added Tax Act 1998. The VAT rate is determined by applicable law (as of the date of these Terms — 15%).
tipWave reserves the right to adjust the commission rate in accordance with Section 15 (Modifications). The commission rate shall not exceed 20%.
5.2 Venue Invoice Payments #
Payments for services are made to the Partner Venue's business bank account based on the invoice issued by the Venue. tipWave does not make payments directly to Recipients (individuals). The Partner Venue independently distributes received funds among its employees.
Payment process:
- tipWave generates a report based on Service data showing tips collected with details for each Recipient
- The Partner Venue invoices tipWave for gratuity program support services rendered
- tipWave pays the invoice to the Venue's bank account
- The Venue distributes funds among employees in accordance with Service data and applicable labor law
Payments are typically processed within 3–5 business days of receiving a correct invoice. In any case, the payment deadline does not exceed 10 business days. tipWave will notify the Venue if payment is delayed beyond 5 business days.
tipWave does not maintain accounts for Recipients and does not hold monetary funds of Recipients or Venues.
Risks:
- Peach Payments insolvency: funds in tipWave's merchant account may be affected. tipWave will use reasonable efforts to identify an alternative payment provider
- tipWave insolvency: Partner Venues may assert claims against tipWave for unpaid invoices under applicable law
- Venue insolvency: tipWave bears no responsibility for funds already paid to the Venue. Recipients may assert claims against the Venue under applicable labor and civil law
5.3 Minimum Payment Amount #
A minimum payment amount may apply. Current minimum: 100 MUR.
5.4 Taxes #
Under applicable tax law, tips may constitute taxable income.
Partner Venues are responsible for:
- Proper tax treatment of amounts distributed to employees
- Withholding and paying income tax (PAYE), National Pension Scheme contributions, and Contribution Sociale Généralisée (CSG) on tips distributed to employees, as required by the Income Tax Act and Employment Rights Act 2008
- Providing employees with documents required for tax reporting
Recipients are responsible for:
- Declaring tip income if tips are received without employer tax withholding
- Engaging with the Mauritius Revenue Authority on personal tax matters
tipWave does not withhold taxes from Venue invoice payments. tipWave provides Venues and Recipients with transaction history for tax reporting purposes. We are required to provide transaction records to tax authorities (Mauritius Revenue Authority) upon lawful request in accordance with applicable law.
5.5 Transaction Limits #
- Maximum single tip: 10,000 MUR
- Minimum payment amount: 100 MUR
tipWave reserves the right to adjust these limits with a minimum of 30 days prior written notice via email or in-app notification. The maximum single tip shall not be reduced below 1,000 MUR, and the minimum payment shall not exceed 500 MUR.
5.6 Currency #
All transactions are denominated in Mauritian Rupees (MUR). Where a transaction involves currency conversion, the exchange rate is determined by Peach Payments at the time of the transaction. tipWave does not control exchange rates and is not responsible for exchange rate fluctuations.
6. Payment Processing and Security #
6.1 Payment Gateway #
We use Peach Payments as our trusted and secure payment gateway partner. All card payments are processed by Peach Payments, a PCI-DSS Level 1 certified payment service provider. Your card information is securely transmitted directly to Peach Payments' PCI-DSS Level 1 compliant vault. tipWave does not store, process, or have access to your full card number, CVV, or PIN.
Peach Payments performs automated fraud screening on every transaction.
6.2 Accepted Payment Methods #
Visa, Mastercard. Additional payment methods may be added. tipWave will notify users at least 30 days before discontinuing support for any accepted payment method.
6.3 3D Secure Authentication #
For your protection, card payments may require 3D Secure verification (Verified by Visa, Mastercard SecureCode). This is a security step provided by your bank — you may be prompted to enter a one-time password (OTP) or confirm the transaction via your banking application. 3D Secure is implemented and maintained by Peach Payments in accordance with card scheme requirements.
6.4 Statement Descriptor #
Charges will appear on your bank or card statement as "TIPWAVE" or a similar descriptor (which may include "PEACH" as the payment processor).
7. AML/KYC Compliance #
7.1 Verification #
Platform participant verification is carried out at several levels:
Verification of tipWave as merchant. Peach Payments conducts KYC/AML verification of tipWave (Kiteschool Kitebelles LTD) in accordance with FIAMLA 2002 requirements, including verification of company registration documents, beneficial owners, and sanctions screening.
Partner Venue verification (KYB). tipWave conducts verification of Partner Venues upon onboarding, including:
- Verification of legal entity registration (BRN, certificate of incorporation)
- Verification of incorporation documents and beneficial owners (persons holding 25% or more)
- Confirmation of business bank account details
- Verification of actual business operations
The Partner Venue is independently responsible for compliance with applicable law, including sanctions regimes. By providing its BRN and incorporation documents, the Venue represents that its beneficial owners, directors, and controlling persons are not on sanctions lists and are not politically exposed persons (PEPs) of which the Venue has not notified tipWave.
Recipient verification. tipWave conducts basic identification of Recipients upon registration, including:
- Verification of identity document
- Confirmation of association with a Partner Venue (confirmed by the Venue)
tipWave will provide a verification status update within 14 business days of document submission. In the event of verification denial, you may request a review by contacting hello@tipwave.tech — we will respond within 14 business days.
7.2 Ongoing Monitoring #
Monitoring of payment transactions for fraud is conducted by Peach Payments. tipWave monitors platform activity (unusual tipping patterns, suspicious account activity). We may restrict access to Service features or suspend Venue invoice payments upon detection of activity that may indicate money laundering, terrorism financing, or other illegal activity. Account restrictions imposed under this Section shall not exceed 90 days unless extended by a legally binding order from a competent authority. Where not prohibited by law, we will notify you of account restrictions within 5 business days and provide a procedure to contest the restrictions. During a regulatory investigation, we may be legally prohibited from disclosing the reason for account restrictions.
7.3 Reporting #
Our licensed payment partners are required by law to report suspicious transactions to the Financial Intelligence Unit (FIU) of Mauritius. tipWave cooperates with such reporting obligations. Tipping-off is a criminal offence under FIAMLA 2002.
7.4 Data Retention #
Transaction records and KYC documentation are retained for a minimum of 7 years from the date of the transaction or the end of the business relationship, whichever is later, as required by FIAMLA 2002, Section 17. For a detailed breakdown of retention periods by data category, see our Privacy Policy, Section 6.
8. User Conduct #
8.1 General Prohibitions #
You agree NOT to:
- Use the Service for illegal purposes or purposes contrary to these Terms
- Impersonate another person or organization
- Provide false, inaccurate, or misleading information
- Engage in fraud, money laundering, terrorism financing, or other illegal financial activity
- Violate intellectual property rights of third parties
- Interfere with the Service's operation, including attempts to circumvent security measures
- Use automated systems (bots, scripts, crawlers) to access the Service without our written permission
- Transfer account access to third parties or use another person's account
8.2 Prohibitions for Recipients #
Recipients are prohibited from:
- Self-tipping — initiating tips to themselves or arranging such transactions through third parties
- Artificial metric inflation — creating fictitious transactions to increase ratings, statistics, or achievements
- Multiple accounts — creating more than one Recipient account without written consent from tipWave
- Using third-party QR codes — using QR codes linked to another person's account
- Registration without Venue association — using the Service without a confirmed association with a Partner Venue
8.3 Prohibitions for Guests #
Guests are prohibited from:
- Using stolen, counterfeit, or unauthorized payment methods
- Initiating unjustified chargebacks to obtain goods or services without payment (friendly fraud)
- Conducting transactions for the purpose of testing payment systems without tipWave's permission
8.4 Consequences of Violations #
Violation of this Section may result in:
- Immediate account suspension (without prior notice in cases of suspected fraud or money laundering)
- Suspension of Venue invoice payments for up to 90 days for investigation
- Account termination for the Recipient or termination of the Venue agreement in accordance with Section 18
- Referral of information to competent authorities (FIU, law enforcement) in accordance with FIAMLA 2002
- Notification to Peach Payments for action under their regulatory obligations
The Partner Venue bears joint liability for violations committed by its employee-Recipients if the Venue knew or should have known of the violation.
9. Content #
9.1 Your Content #
You retain ownership of content you upload (profile photos, descriptions). By uploading, you grant us a non-exclusive, non-transferable, revocable license to use, display, and reproduce this content solely for the purpose of providing and operating the Service. This license terminates when you delete the content or close your account.
9.2 Prohibited Content #
You may not upload content that is:
- Illegal
- Offensive or harmful
- Infringing on others' rights
- Fraudulent or misleading
We may remove content that violates these Terms. Upon content removal, we will notify you of the reason for removal. You may contest the removal by contacting hello@tipwave.tech within 14 calendar days — we will review your request and respond within 10 business days.
10. Intellectual Property #
The Service, including its design, features, and content, is owned by Kiteschool Kitebelles LTD. You may not copy, modify, or distribute any part of the Service without permission.
11. Third-Party Services #
The Service integrates with third-party services:
- Peach Payments — payment processing and settlement (PCI-DSS Level 1 certified). Peach Payments' own terms and privacy policy apply to payment data processing.
- Firebase Authentication (Google) — user authentication and session management
- Firebase Cloud Storage (Google) — storage of user-uploaded content (profile photos)
- Google Cloud Platform — data hosting and infrastructure (Firestore, Cloud SQL)
- Cloudflare — content delivery and bot protection
Your use of these services is subject to their respective terms and policies, including the Google Cloud Terms of Service and Firebase Terms of Service. For details on how we collect and process your data, see our Privacy Policy.
12. Refunds and Chargebacks #
12.1 Tips Are Non-Refundable #
Tips are voluntary payments. Once a tip is successfully processed, it is generally non-refundable. By completing a payment, the Guest confirms the tip amount and acknowledges this policy.
12.2 Chargebacks #
If a Guest disputes a payment with their bank (chargeback), Peach Payments relays the dispute notification from the card scheme (Visa/Mastercard) to tipWave. The following process applies:
- tipWave will notify the Partner Venue and the affected Recipient within 3 business days of receiving the chargeback notice from Peach Payments
- The Venue and Recipient will have 5 business days to provide evidence contesting the chargeback
- tipWave will submit all available defense documentation to Peach Payments, which forwards it to the acquirer and card scheme
- If the chargeback is upheld after the dispute process:
- The disputed amount will be deducted from the next Venue invoice payment
- The Venue's liability shall not exceed the lesser of: (a) the disputed amount, or (b) 10,000 MUR per individual chargeback incident
- tipWave will not pursue reimbursement for chargebacks arising from unauthorized card use or payment system errors outside the Recipient's and Venue's control
Guests may file a chargeback with their issuing bank within 120 calendar days of the transaction (up to 365 days for certain dispute types under card scheme rules).
Our payment provider may maintain a reserve of up to 10% of pending payments for a period of up to 90 days to cover potential chargebacks, subject to the following conditions:
- The reserve will only be applied when the Venue's chargeback rate exceeds 1% of total transactions in any rolling 30-day period
- tipWave will notify the affected Partner Venue in writing (via email or in-app notification) before applying a reserve
- Reserved funds do not accrue interest
- The reserved amount will be credited against the next Venue payment no later than 90 days after the last chargeback triggering the reserve
12.3 Exceptions #
tipWave will issue refunds in the following cases:
- Confirmed unauthorized transactions
- Technical errors resulting in incorrect charges
- Duplicate payments
Refunds are executed by Peach Payments to the original payment method. tipWave does not issue refunds directly to Guests — all refunds are processed through Peach Payments. Approved refunds are typically processed within 5–10 business days. The time for the refund to appear on your statement depends on your issuing bank.
13. Complaints #
13.1 Complaint Procedure #
If you have a complaint about the Service — whether you are a Recipient or a Guest — please contact us at hello@tipwave.tech. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 business days.
13.2 Escalation #
If you are not satisfied with our resolution, you may escalate your complaint to:
- Ombudsperson for Financial Services — independent body for financial services complaints (https://ofsmauritius.govmu.org)
- Data Protection Office of Mauritius — for data protection issues (https://dataprotection.govmu.org)
- Bank of Mauritius — for payment system issues (https://www.bom.mu)
- Financial Services Commission, Mauritius — for financial service issues (https://www.fscmauritius.org)
- Consumer Affairs Unit, Mauritius — for consumer issues
14. Disclaimers #
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT EXPRESS WARRANTIES BEYOND THOSE STATED IN THESE TERMS.
We do not guarantee:
- Uninterrupted or error-free service
- Accuracy of third-party information displayed through the Service
- Timely distribution of tips by the Partner Venue to Recipients
tipWave is not a bank, credit institution, or e-money operator and does not provide banking or financial services. Tip metrics displayed in the app are informational and do not represent bank deposits, e-wallets, or monetary storage facilities.
We implement and maintain security measures as required by the Data Protection Act 2017, FIAMLA 2002, and applicable financial services legislation to protect your data. tipWave undertakes to exercise reasonable care and skill in providing the technology platform. Payment processing and settlement are handled by Peach Payments in accordance with their own obligations and standards.
14.1 Force Majeure #
tipWave shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, government actions, power or telecommunications failures, banking system outages, payment network disruptions, or failures of third-party service providers. During a force majeure event, affected obligations are suspended for the duration of the event. If a force majeure event continues for more than 90 consecutive days, either party may terminate the agreement by giving 30 days' written notice. In such case, all outstanding Venue invoices will be paid no later than 180 calendar days after the event subsides.
15. Modifications #
We may modify these Terms at any time. We will notify you of material changes at least 30 days in advance (at least 60 days for changes to commission rates, fees, or payment terms) via:
- Email notification
- In-app notification
- Website announcement
Material changes include, among others: changes to commission rates or fees, changes to payment timelines, changes to transaction limits, introduction of new mandatory charges, changes to dispute resolution procedures, changes to account termination terms, and substantial changes to the scope of personal data collected.
If you do not agree with the modified Terms, you may close your account before the changes take effect. Outstanding Venue invoices will be paid in accordance with Section 18.1. Continued use after the effective date of changes constitutes acceptance.
16. Limitation of Liability #
TO THE MAXIMUM EXTENT PERMITTED BY LAW, tipWave SHALL NOT BE LIABLE FOR:
- Indirect, incidental, or consequential damages
- Loss of profits or data
- Service interruptions
Our total liability shall not exceed the lesser of: (a) the total value of commissions generated by your transactions in the past 12 months, or (b) 100,000 MUR.
Nothing in these Terms limits tipWave's liability for: fraud, willful misconduct, gross negligence, death or personal injury caused by our negligence, or any liability that cannot be excluded or limited by applicable law.
17. Indemnification #
You agree to indemnify and hold harmless tipWave from any claims, damages, or expenses arising from:
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable law
This indemnification obligation is proportionate to your degree of fault. tipWave will notify you promptly of any claim subject to indemnification and will not settle any such claim without your reasonable consent.
18. Termination #
18.1 By You #
Recipients may close their account at any time. Collected tips will be included in the next scheduled settlement with the Partner Venue. After account closure, your data will be retained in accordance with our Privacy Policy and applicable law (minimum 7 years).
Partner Venues may terminate their agreement with tipWave with 30 days' prior notice. All outstanding invoices for the Venue's Recipients will be paid within 30 calendar days of termination (provided there are no pending investigations or active chargebacks). The Venue undertakes to distribute received funds among employee-Recipients.
18.2 By Us #
We may terminate a Recipient's account or a Venue agreement for:
- Material violation of these Terms (with 14 days written notice to remedy the violation, except in cases of fraud or illegal activity)
- Fraudulent activity
- Inactivity exceeding 12 consecutive months (we will send a warning at least 30 days before termination; all outstanding invoices will be paid to the Venue before account closure)
- Cessation of operations or liquidation of the Partner Venue
- Legal requirements
18.3 Unclaimed Payments #
If payment to a Venue cannot be completed due to an invalid or closed bank account, we will make reasonable efforts to contact the Venue for 90 days. After 90 days, if the payment remains unclaimed, the corresponding amounts will be held by tipWave for a period of 3 years. After 3 years, unclaimed amounts will be handled in accordance with applicable law.
During the holding period, tipWave will attempt to contact the Venue at least once every 12 months using the last known email address and phone number on file. Unclaimed funds do not accrue interest.
19. Dispute Resolution #
19.1 Governing Law #
These Terms are governed by the laws of the Republic of Mauritius.
19.2 Jurisdiction #
Any disputes shall be resolved in the courts of Mauritius.
19.3 Informal Resolution #
Before filing a claim, you agree to contact us to attempt informal resolution. If the dispute is not resolved within 30 calendar days from the date of the initial complaint, either party may proceed with formal legal action in accordance with Section 19.2.
20. Language #
These Terms are provided in English and French. A Russian translation is available for informational purposes only and does not constitute an official version. In case of any discrepancy between versions, the English version shall prevail.
21. General Provisions #
21.1 Entire Agreement #
These Terms, together with the terms of third-party services referenced in Section 11 and the Privacy Policy, constitute the entire agreement between you and tipWave regarding the use of the Service.
21.2 Severability #
If any provision is found invalid, the remaining provisions remain in effect.
21.3 Waiver #
Failure to enforce any provision does not constitute a waiver.
21.4 Assignment #
You may not assign your rights under these Terms. We may assign our rights to a successor entity in the event of a merger, acquisition, or reorganization, provided that: (a) you are notified at least 30 days in advance, and (b) the assignee agrees to be bound by these Terms. If you do not agree with the assignment, you may close your account. Outstanding invoices will be paid in accordance with Section 18.1.
21.5 Survival #
The following Sections survive termination of these Terms or account closure: 2.3 (Venue liability for non-distribution — with respect to invoices already paid), 5.4 (Taxes), 7.4 (Data Retention), 9.1 (Content license — with respect to content already uploaded), 10 (Intellectual Property), 12 (Refunds and Chargebacks — with respect to pending procedures), 14 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18.3 (Unclaimed Payments), 19 (Dispute Resolution), 20 (Language), and 21 (General Provisions).
22. Achievements and Gamification #
The Service may include gamification elements (achievements, ratings, goals). These elements:
- Are purely informational and entertainment in nature
- Do not provide any financial benefits, rights, or preferences
- Do not affect commission rates, payment timelines, or transaction limits
- May be modified, suspended, or removed by tipWave without prior notice
- Are non-transferable, non-exchangeable, and non-monetizable
Achievements and ratings are not currency, loyalty points, or any other instruments with monetary value.
23. Service Discontinuation #
In the event of a decision to discontinue the Service, tipWave undertakes to:
- Notify all users and Partner Venues at least 90 calendar days before discontinuation
- Cease accepting new registrations from the date of notification
- Ensure payment of all outstanding Venue invoices within 60 calendar days after discontinuation
- Provide Venues and Recipients with a complete export of transaction history in CSV format
- Ensure data retention in accordance with FIAMLA 2002 (minimum 7 years) even after discontinuation
24. Contact Us #
For questions about these Terms:
- Company: Kiteschool Kitebelles LTD
- Address: Royal Road, La Gaulette 1903-02, Mauritius
- Email: hello@tipwave.tech