Date of Last Revision: November 10, 2020
BY ACCESSING ANY PORTION OF THE SITE OR ANY MOBILE APPLICATIONS, OR BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS FUNDRAISING POLICY. WE WILL INFORM YOU REGARDING ANY MODIFICATIONS BY EITHER NOTIFYING YOU VIA YOUR DESIGNATED EMAIL ADDRESS OR BY POSTING THE CHANGES ON THE SITE.
All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms and Conditions. We may revise this Fundraising Policy from time to time without notice. Please review it carefully on a regular basis, as it may have changed since your last visit.
1. Our Policies.
As a part of the Services, we have created a fundraising service platform ( “Fundraising Service“) that allows users to create their own online store or shop pages through the Mobile Application (each a “Store” or “Shop“) and promote the Stores via social media and other online channels. Notwithstanding the foregoing, Good Trouble Gourmet reserves the right to discontinue any Fundraising Service at any time.
A. Store Managers:
A Store Manager ( “Store Manager“), is an authorized individual who accesses and manages fundraiser information and/or information about the beneficiary of the fundraiser. For illustrative purposes, A Store Manager may be a gym owner, program director, coach, team parent, or parent who accesses and manages gym/program/team/studio information. Store Managers are able to create an “Store Manager Account” on the Site or on the Mobile Application that will allow them to add a fundraiser to their Store Manager Account and to edit their fundraiser profiles, including names, addresses, and as well as payout information of Sellers (as defined below). Only Store Managers can select whether proceeds from a fundraiser will ultimately be paid to an organization or directly to Sellers as beneficiary/ies of the fundraiser. Store Managers must be able to accept payments to accounts or addresses based in the United States; at this time, Good Trouble Gourmet cannot and will not send payments outside of the United States.
A DreamRaiser ( “Seller“OR “fundraiser”) is a user and participant who sells products through Good Trouble Gourmet’s platform by creating a Seller account ( “Seller Account“) and an associated Store. For illustrative purposes, a Seller may be a team member, student, parent, or guardian. Each Seller must be associated in our records with A Store Manager. A Store Manager may also be a Seller. Each Seller may create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases or proxy Seller Accounts, or engaging in similar conduct designed to conceal a Seller’s true identity or to enable a Seller to transact business with Good Trouble Gourmet under more than one Seller Account is strictly prohibited. A Seller may create a Seller Account only and manage the associated Store on the Desktop, Tablet or Mobile Application. Sellers must be able to accept payments to accounts or addresses based in the United States; at this time, Good Trouble Gourmet cannot and will not send payments outside of the United States. A Seller shall have no claims against us with respect to A Store Manager’s handling of sale proceeds.
Information provided by the Seller to establish their Storefront is deemed to have been properly cleared and vetted for Copyright and/or Trademark infringement and use purposes. GOOD TROUBLE GOURMET and its affiliates will be held harmless from any event arising from the Seller’s use of copyrighted or trademarked material on their storefronts.
A supporter ( “Buyer”) is any user that purchases products from a Store. A Buyer may also be a Seller, Store Manager or both. A Buyer may purchase products from a Store through either the Site or the Mobile Application. Buyers must be able to make payments from an account in the United States and to accept shipments at an address in the United States; at this time, Good Trouble Gourmet cannot and will not accept payments from outside of the United States or ship goods outside of the United States., except for in the case of U.S. military personnel stationed overseas and using either APO or FPO addresses.
D. Our Platform:
We provide a platform for fundraising. We are not an e-Commerce site, a broker, financial institution, creditor or charity. All information and content provided by through our platform relating to fundraising is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any donations, you should consult your financial, legal, tax or other professional advisor as appropriate. We have no control over the conduct of, or any information provided by, any fundraiser. We do not guarantee that a fundraiser will obtain a certain amount of donations or any donations at all. We do not endorse any campaign or cause except as expressly stated in writing, and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any campaign. As a donor, you must make the final determination as to the value and appropriateness of contributing to any campaign. Notwithstanding the foregoing, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Store Manager is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate and if necessary involve the proper law enforcement officials.
E. Prohibited Conduct:
1. raise funds or establish or contribute to any fundraiser with the implicit or explicit purpose of or involving:
a. violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
- any election campaigns;
- content or campaigns that are fraudulent, misleading, inaccurate, dishonest, or impossible;
- drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
- knives, explosives, ammunition, firearms, or other weaponry or accessories;
- annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, “get rich quick schemes” (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
- gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
- campaigns we deem, in our sole discretion, to be in support of, or for the legal defense of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, religious affiliation, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
- activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
- funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
- pornography or other sexual content;
- offensive, graphic, perverse or sensitive content;
- the sale of items before the seller has control or possession of the item;
- collecting payments on behalf of merchants by payment processors or otherwise; including but not limited to self-payments on campaigns or an attempt to bypass or otherwise circumvent the designated method of payment as designated by Good Trouble Gourmet;
- credit repair or debt settlement services;
- the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the campaign;
- publication or removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm;
- sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
- aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds;
- counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
- products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
- unauthorized sale or resale of brand name or designer products or services;
- sale of goods or services that are illegally imported or exported;
- processing where there is no bona fide donation accepted; cash advance; card testing; evasion of card network chargeback monitoring programs;
- collecting or providing funds for any purpose other than as described in a campaign description;
- any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
- any other activity that we may deem in our sole discretion to be unacceptable.
2. transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type; or
3. interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
4. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
5. raise funds for a minor without the express permission of the minor’s parent or legal guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all Donations you make or accept through the Services, you agree:
6. not to make or accept any donations that you know or suspect to be erroneous, suspicious or fraudulent;
7. not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
8. to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by us from time to time;
9. to maintain a copy of all electronic and other records related to Campaigns and Donations as necessary for us to verify compliance and make such records available to us upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
10. at our request, including without limitation in case of investigations by us, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
We reserve the right to refuse, condition, or suspend any donations or other transactions that we believe in our sole discretion may violate terms or harm the interests of our users, business partners, the public, or us, or that expose you, us, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your donors, your donations, and transactions made through or in connection with your use of the Services.
As a part of the Fundraising Service:
- The Store Manager will receive a sign-up link by email to provide information that will populate their organization’s Digital Storefront. After the Store is opened, DreamRaisers may share the link to the Store with potential Buyers which will allow them to buy products from the Store.
- We will use the information you provide to: (i) manage your account; (ii) provide you and your contacts with customer support; (iii) process payment for any purchases made; (iv) enforce our Terms and Conditions; and (v) manage our business.
- We also may disclose your information:
- (i) In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- (ii) When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.
- We will not share, sell, use or otherwise distribute the contacts or communicate with the contacts you provide us other than for providing the Fundraising Service or if we give you an opportunity to opt out of having your information shared.
Buyer Payments for Products
If you are a Buyer, you agree to pay in full the prices (and all applicable taxes and shipping and handling fees) for any purchases you make either by credit / debit card concurrent with your online order or by other payment means acceptable to us. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase through the Site or the Mobile Application may be subject to additional terms and conditions presented to you at the time of such purchase.
1. Our Payments
A Buyer purchases products online, either through the Site or the Mobile Application, from a Seller’s Store and remits payment to Good Trouble Gourmet for the products’ item price, any applicable taxes, and any applicable shipping and handling costs. Good Trouble Gourmet will ship the products to the Buyer at the end of the fundraising cycle, (usually within 2-4 weeks) if requested by prior agreement by the Organizer. Good Trouble Gourmet is responsible, where required, for submitting any collected sales tax to the applicable tax collection agencies. Good Trouble Gourmet will pay fifty percent (50%) of the purchased products’ item price (which, for the avoidance of doubt, does not include any taxes, shipping and handling costs, or other fees) (the “Payout”) to the Store Manager responsible for the DreamRaiser’s Store where Buyer/Supporter made the purchase usually within 14 business days at the end of the raise. Reconciliation of the account will take place during the same 14-day period in most cases, dependent on the size of the DreamRaise. In some rare instances, payouts may take longer if there is a dispute on the account. When this happens, we may withhold a portion of the payment (up to 50% of net proceeds owed) until such time as the dispute has been satisfactorily resolved. In some circumstances, Good Trouble Gourmet may pay the Payout directly to the Organization instead of to the Store Manager, as described in Section 4.
b. Payment Details.
We generally remit payment of the Payout to the Store Managers at the end of the fundraising period through either bank transfer or Stripe, Inc. both of whom may charge a transaction fee for such transfers, provided that we or they may modify such payment schedule and the possibility of a transaction fee from time to time. We may remit payment of the Payout directly to the applicable Sellers at our discretion or if the Store Manager elects, in its discretion, for payments to be made directly to Sellers, fails to withdraw funds after a period of sixty (60) days, becomes inactive, or otherwise cannot or will not accept the payment. Payments made directly to Sellers will be remitted using Stripe Payment Services and all such payments will be subject to a three percent (3%) transaction fee which will be deducted from such payments. You hereby authorize Stripe or any successor provider to originate credit transfers to your financial institution account by ACH and deduct the transaction fees. Any transfers of payments among Store Managers and Sellers is entirely the responsibility of the Store Managers and Sellers and is subject to their separate agreement(s) with each other, to which Good Trouble Gourmet is not a party. For example, Store Managers that receive payments on behalf of Sellers are solely responsible for crediting such funds to the Sellers. Good Trouble Gourmet is not responsible or liable for any such transfers or credits or lack thereof. Good Trouble Gourmet’s responsibility with respect to any Payout ends with the payment of the Payout to either the applicable Store Manager or Seller(s) in the name of the hosting organization only.
If A Store Manager or a Seller disputes any payment of a Payout, including, without limitation, if A Store Manager claims that a payment was owed but not paid or that a Payout was not paid in full, the Store Manager or Seller must notify Good Trouble Gourmet of the dispute in writing within two (2) months of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Store Manager, Seller, fundraiser, payment amount, payment due date, and an explanation of any alleged discrepancies. If such notice is not timely provided, the dispute is deemed null and void and the Store Manager and Seller waive any right to collect the alleged underpaid amount.
Should any charge-backs, returns, Buyer-side payment cancellations, disputed credit card / debit card charges, voided transactions, insufficient funds/bank-refusals to pay, or similar situations arise, where we are not fully compensated for our products or services ( “Buyer Non-Payment“), we reserve the right to treat such transaction as void and deduct any uncollected amounts from either or both of the Seller’s Store and the Store Manager’s sales. In addition, if we have transmitted funds to the Store Manager or Seller in anticipation of Buyer payment and the payment is a Buyer Non- Payment, the Seller Account will reflect a negative balance to be deducted from the Seller’s future sales.
e. Buyer Returns.
All order cancellations must be made by Buyers within forty-eight (48) hours of making a purchase. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE DO NOT ISSUE REFUNDS AND WE DO NOT ACCEPT RETURNS. However, if your product arrived damaged or contaminated, please contact us directly at email@example.com. All damaged goods or product quality claims must be made within three (3) calendar days of delivery, otherwise we shall have no obligations to replace product. All refund requests may not be honored and is at the sole discretion of GOOD TROUBLE GOURMET.
5. Referral Policy.
A “Referral Bonus” is a bonus that we may pay, designed to generate new business prospects for us. Attempts to generate Referral Bonuses for referrals to one’s self, to one’s affiliates, or to Store Managers, Sellers, Buyers or others who have been previously referred, are not valid referrals for purposes of the Referral Bonus. Such conduct is strictly prohibited and a violation of this Fundraising Policy. In the event of a disagreement as to whether a proposed referral is eligible for a Referral Bonus, Good Trouble Gourmet’s determination shall be final and binding.
6. Sales Contests.
Good Trouble Gourmet may offer sales contests from time to time, and such sales contests or pop-up fundraising competitions will be subject to the terms and conditions of each sales contest. See the official rules which accompany each contest for further details.
7. Transaction History.
Transactions and login sessions may be logged and tracked by us and information about their transactions may appear publicly in the “Recent Buyers” section or other sections of soulmadeholdings.com using the Site, the Mobile Application, and/or the Services, you consent to such tracking and public disclosure of your use of the Site, Mobile Application, Services, transactions and purchases.
You agree not to use our Site, Mobile Application, and/or Services (including, without limitation, the chat function) to bully others. If you become aware of bullying, please report it immediately to: firstname.lastname@example.org. The best protection against bullying is to learn how to recognize it and how to stop it. Here are some tips:
- If you feel you’re in immediate danger, contact your local authorities.
- Reach out to a family member, counselor or teacher, who can give you the help and support you need.
- Print or take a screenshot of it in case you need to share it later.
9. Site Restrictions.
We may, in our sole discretion, without notice or liability, suspend, terminate, limit, or otherwise restrict Store Manager accounts, Seller accounts, and/or Buyer accounts, as well as the use of the Site, Mobile Application, and the Services for any conduct we reasonably determine warrants such suspension, termination or restrictions, including but not limited to a violation of terms, illegal activity, damaging or harassing conduct, or any other such user, Buyer, Seller, or Store Manager actions that cause difficulty or burden to Good Trouble Gourmet in rendering efficient and effective services.