By using TCP Point of Sale, Customer Engagement, Appointments or Employee Management and any associated products and services (the “Services”), you agree to be bound by the General Terms, these additional terms and conditions (“Additional Product Terms”), and all other terms, policies, and guidelines applicable to the Services used including, but not limited to, thePayment Termsif you accept payments through TCP. If you are using the Services on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.
1. Marketing and Customer Programs
You may be able to use the Services to create, send and manage marketing and other messages to your customers (“Buyers”) who have elected to receive offers and updates from TCP merchants they frequent or who provided their contact information to you directly. TCP is not involved in or responsible for your marketing messaging to Buyers, except for providing the Services that facilitate the creation, delivery and management of messages by you to Buyers. You are responsible for marketing messages that you send using the Services, the Content of those messages, and honoring any customer privacy choices and terms included in such messages, even if your TCP Account is closed, suspended, or terminated. In using the Services, you will not use purchased, rented, or third-party lists of email addresses, and you may not use the Services to send unsolicited bulk messages. If you offer a loyalty program to your Buyers through the Services, you agree to make available to your Buyers any terms and conditions applicable to your loyalty program. You are responsible for ensuring that your marketing messages, loyalty program and any associated rewards are compliant with applicable federal, state, or local laws, including laws governing privacy, prepaid cards and special offers such as rebates and coupons.
Buyers may be able to use the Services, including digital receipts, to submit feedback to you about their recent customer experience. When Buyers submit feedback using the Services, we share that feedback with you and allow you to send responses to Buyers who have enabled replies to their feedback. You may not use the feedback features of the Services: (a) to send responses to Buyers who have not enabled replies to their feedback, (b) to request Buyer Card Information, (c) to send Buyers marketing messages, requests for information, or other communications unrelated to their feedback, or (d) to send abusive, harassing, excessive or objectionable messages. If you do not wish to receive feedback or to report a problem with feedback from a Buyer, you should contact TCP Support.
2. Gift Cards
If you purchase and offer gift cards, including e-gift cards, to your Buyers through TCP, you (and not TCP) are the issuer and administrator of your gift cards. If you have multiple business locations and do not manage your locations through a single TCP account, you must separately order gift cards for each business location where you wish to issue and redeem gift cards and print that business location on your gift cards.
Gift cards sold by you are “closed loop” gift cards that are only redeemable from you for your goods and services. You agree to pay ourFeeson each issue of a gift card as well as all order, printing, and shipping fees for each order of gift cards. TCP does not assess a fee on the redemption of a gift card to purchase goods or services from you, and you may not assess or impose any fees or charges on the issuance, maintenance, or redemption of gift cards. You may not issue a gift card with a value in excess of $1,000 or add value to a previously issued gift card so that the total funds loaded on a gift card in any single day exceed $1,000. Further, you may not issue more than $10,000 in gift cards to any single person in any one day. You may not impose an expiration date on gift cards and any unused balance of a gift card must remain available to the holder of the gift card until fully redeemed, even if your TCP Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s gift card balance, the holder must pay the remaining amount with another payment method. All gift cards and the funds associated with gift cards are your sole property. Any liability for the use or misuse of your gift cards, and any third party claims arising from or relating to your gift cards, are your sole responsibility.
You are solely responsible for compliance with federal, state, and local laws that apply to your gift cards, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for Buyers and holders of gift cards.
3. Trial Marketing Service
TCP will automatically enroll you in its small business trial marketing service. This service is provided to you by its subsidiary Rebel Corp Global (DBA Rebel Branding). This service includes Local SEO/Local Listings claiming service and Review monitor dashboard. You will have 30 days from signing up to cancel this service, by sending an email to firstname.lastname@example.org. After the 30 day trial you will be billed $199 plus applicable taxes each month after. After trial period you will be required to provide a 90 day notice in order for the account to be cancelled.
4. Employee Management
You are responsible for verifying the accuracy, timeliness, and completeness of any personal, wage, timecards or any other information you, your employees or independent contractors provide or directly input via the Services or any other method. We are entitled to rely upon, and are not obligated to independently verify, all such information. Employee and independent contractor access to such Services does not create any contract, customer or employment relationship between us and your employees or your independent contractors. You understand and agree that we merely make such Employee Management services available to your employees or independent contractors on your behalf as a convenience.
We will not be liable for any penalty, interest or other liability that results from information you or your employees supply. You are ultimately responsible for your compliance with all federal, state, and local laws, and any citations, fines, penalties or costs associated with noncompliance. You acknowledge and agree that Employee Management may not include all features and functionality necessary to run your business and to meet all federal, state, and local reporting obligations applicable to your business. You are responsible for determining whether Employee Management meets your reporting needs and we are not providing any legal, financial, accounting, tax or other professional advice to you by providing the Services.
5. Online Community
TCP provides an Online Community help forum for Sellers to share information and best practices relating to their use of TCP Services. All Seller questions, answers, opinions, or information, whether text, image, or video, contributed to the Online Community constitute “Content” and are governed by Section 6 of the General Terms, including that you grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services and TCP’s business. By participating in the Online Community you acknowledge that you are participating in a public forum and have no expectation of privacy in your Content, which will be available to the public. Only Sellers may contribute to the Online Community. TCP does not endorse and is not responsible for the accuracy, usefulness or applicability of Content posted in the Online Community. You may encounter content that is inaccurate, inapplicable, or offensive. If the possibility of encountering such content will be offensive or harmful to you, you should not participate in the Online Community.
If you provide suggestions, comments, proposals, feature requests, or other feedback with respect to our current or future products or Services, you agree that such content is not confidential or proprietary and shall not create any confidentiality obligations on us, you acknowledge that we may independently have similar ideas under consideration or development, and you are not entitled to compensation, payment or reimbursement of any kind for such content from us under any circumstances unless you are otherwise notified in writing by us.
TCP may remove posts that are offensive, that violate the Community Guidelines, or for any other reason we deem appropriate. TCP may also limit or terminate your use of Online Community or our Services if, in our sole judgment, you abuse or inappropriately use the Online Community. Examples of the types of violations that may result in immediate post removal, suspension, or termination from the Online Community or our Services include:
- Violating any laws, the General Terms or Additional Terms, or infringing any third party rights;
- Posting any material that is false, misleading, defamatory or invasive of another person’s right of privacy or right of publicity;
- Posting any material that is harmful, obscene, harassing, offensive, or threatening;
- Collecting information about others without their consent;
- Copying, modifying or distributing Content or the Online Community content or otherwise infringing on copyrights and trademark rights;
- Solicitations of other Online Community members or SPAM of any kind;
- Using any material obtained through the Online Community for commercial purposes;
- Continuous violations of Community Guidelines.
We have no obligation to monitor the Online Community but may do so at our sole discretion and as we deem appropriate. Please report inappropriate or offensive content, policy violations or other problems to email@example.com or flag it within the community.
6. Monthly Membership Fee
Your membership fee will be leveraged by TCP as a lease with a leasing provider of it’s choice. The lease agreement shall be for a term of 48 month in which TCP will provide a 90 day satisfaction clause in which if in the 90 days for any reason you are not happy, we will buy back your lease and cancel your account with cause. If in the event you are to pass your 90 day timeframe one of our Merchant Success Ambassadors will review your account and determine wether the account warrants us to close it without penalty. You understand that the lease is a non-cancelable lease unless you fall within our cancellation terms.
Sections 2 (Gift Cards) and 5 (Online Community) will survive termination of these Additional Point of Sale Terms, in addition to those that survive under Section 12 of the General Terms.