Last updated on: December 21, 2020
By signing up for a GOOD TROUBLE GOURMET Account (as defined in Section 1) or by using any GOOD TROUBLE GOURMET Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us” and “GOOD TROUBLE GOURMET” means the applicable GOOD TROUBLE GOURMET Contracting Party (as defined in Section 4 below).
The services offered by GOOD TROUBLE GOURMET under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by GOOD TROUBLE GOURMET are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.GOOD TROUBLE GOURMET.com/legal/terms. GOOD TROUBLE GOURMET reserves the right to update and change the Terms of Service by posting updates and changes to the GOOD TROUBLE GOURMET website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.
Everyday language summaries are provided for convenience under each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using GOOD TROUBLE GOURMET or any GOOD TROUBLE GOURMET services, you are agreeing to these terms. Be sure to occasionally check back for updates.
- Account Terms
- To access and use the Services, you must register for a GOOD TROUBLE GOURMET account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. GOOD TROUBLE GOURMET may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by GOOD TROUBLE GOURMET for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that GOOD TROUBLE GOURMET will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to GOOD TROUBLE GOURMET and your primary Account email address must be capable of both sending and receiving messages. Your email communications with GOOD TROUBLE GOURMET can only be authenticated if they come from your primary Account email address.
- You are responsible for keeping your password secure. GOOD TROUBLE GOURMET cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, Fundraiserd, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of GOOD TROUBLE GOURMET may result in an immediate termination of your Services.
You are responsible for your Account and any Materials you upload to the GOOD TROUBLE GOURMET Service. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
- Account Activation
2.1 Fundraiser Owner
- Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Fundraiser Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Fundraiser Owner in connection with the Service. You are responsible for ensuring that the name of the Fundraiser Owner (including the legal name of the company that owns the Fundraiser, if applicable) is clearly visible on the Fundraiser’s website.
- If you are signing up for the Services on behalf of your organization or employer, your organization or employer shall be the Fundraiser Owner. If you are signing up for the Services on behalf of your organization or employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- Your GOOD TROUBLE GOURMET Fundraiser can only be associated with one Fundraiser Owner. A Fundraiser Owner may not have multiple GOOD TROUBLE GOURMET Fundraisers. “Fundraiser” means the online Fundraiser or physical retail location(s) associated with the Account.
2.2 Staff Accounts
- Based on your GOOD TROUBLE GOURMET pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Fundraiser Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general Fundraiser settings).
- The Fundraiser Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Fundraiser Owner’s own acts, omissions or defaults.
- The Fundraiser Owner and the users under Staff Accounts are each referred to as a “GOOD TROUBLE GOURMET User”.
2.3 PayPal Express Checkout and GOOD TROUBLE GOURMET Payments Accounts
- Upon completion of sign up for the Service, GOOD TROUBLE GOURMET will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, GOOD TROUBLE GOURMET may also create a GOOD TROUBLE GOURMET Payments account on your behalf.
- You acknowledge that PayPal Express Checkout, Google Pay, Apple Pay and/or GOOD TROUBLE GOURMET Payments processed through Stripe will be your default payments gateway(s) and that it is your sole responsibility as the Fundraiser Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, default payment gateways are Third Party Services, as defined in Section 17 of these Terms of Service. We reserve the right to change or alter agreements with these providers at our sole discretion.
2.4 Apple Pay for Safari Account
- Upon completion of sign up for the Service, GOOD TROUBLE GOURMET will create an Apple Pay for Safari (“Apple Pay”) account for use on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, GOOD TROUBLE GOURMET may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 17 of these Terms of Service.
- If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Fundraiser using Apple Pay.
- By using Apple Pay on your Fundraiser, you are agreeing to be bound by the Apple Pay Platform Theme Web Merchant Terms and Conditions, as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Theme Web Merchant Terms and Conditions, the amended and restated version will be posted here: https://www.GOOD TROUBLE GOURMET.com/legal/apple-pay. Such amendments to the Apple Pay Platform Theme Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Fundraiser after the amended Apple Pay Platform Theme Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Theme Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Theme Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Fundraiser.
2.5 Google Payment
- Upon completion of sign up for the Service, if you have been enrolled in GOOD TROUBLE GOURMET Payments, GOOD TROUBLE GOURMET will also create a Google Payment account on your behalf. If you do not wish to keep your Google Payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Payment is a Third Party Service, as defined in Section 17 of these Terms of Service.
- If you use a Google Payment supported payment gateway and your customers have enabled Google Payment, customers may purchase goods and services from your Fundraiser using Google Payment.
- By using Google Payment on your Fundraiser, you are agreeing to be bound by the Google Payment API Terms of Service, as they may be amended by Google from time to time. If Google amends the Google Payment API Terms of Service, the amended and restated version will be posted here: https://payments.developers.google.com/terms/sellertos. Such amendments to the Google Payment API Terms of Service are effective as of the date of posting. Your continued use of Google Payment on your Fundraiser after the amended Google Payment API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Payment API Terms of Service. If you do not agree to any changes to the Google Payment API Terms of Service, de-activate your Google Payment account and do not continue to use Google Payment on your Fundraiser.
Only one person can be the “Fundraiser Owner”, usually the person signing up for the GOOD TROUBLE GOURMET Service. The Fundraiser Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Fundraiser Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which are with various third parties.
- General Conditions
- Technical support in respect of the Services is only provided to GOOD TROUBLE GOURMET Users.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that GOOD TROUBLE GOURMET may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on GOOD TROUBLE GOURMET’s website, available at https://www.GOOD TROUBLE GOURMET.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to GOOD TROUBLE GOURMET’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. If the EU Terms apply to your Fundraiser, then amendments to these Terms of Service will be provided in accordance with the EU Terms.
- You may not use the GOOD TROUBLE GOURMET Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by GOOD TROUBLE GOURMET.
- You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use GOOD TROUBLE GOURMET or GOOD TROUBLE GOURMET trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to GOOD TROUBLE GOURMET Support at email@example.com.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the “SMS Services”). You will only use the SMS Services in compliance with these Terms of Service, Nexmo LLC’s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.
- The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and GOOD TROUBLE GOURMET’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.GOOD TROUBLE GOURMET.com/legal/terms will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by GOOD TROUBLE GOURMET (acting in its sole discretion) or as required by applicable law.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. GOOD TROUBLE GOURMET shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without GOOD TROUBLE GOURMET’s prior written consent, to be given or withheld in GOOD TROUBLE GOURMET’s sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- Sections 1, 3(2)-(5), 4, 6-8, 14-15, 17(8)-(10), 19, 21 and 22 will survive the termination or expiration of these Terms of Service.
The GOOD TROUBLE GOURMET service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose. If you or your employees or contractors use GOOD TROUBLE GOURMET’s APIs, you will comply with our API terms.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
- GOOD TROUBLE GOURMET Contracting Party
- If the billing address of your Fundraiser is located in the United States, this Section 4(1) applies to you:
- “GOOD TROUBLE GOURMET Contracting Party” means GOOD TROUBLE GOURMET LLC, a Limited Liability Corporation, with offices located at 2901 S. Capital of Texas Highway, Austin, TX 78746.
- The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas, United States of America with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
If a dispute arises you must bring an action in Texas, United States of America, no matter your location.
- GOOD TROUBLE GOURMET Rights
- We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Fundraiser, or the Materials uploaded or posted to a Fundraiser, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any GOOD TROUBLE GOURMET customer, GOOD TROUBLE GOURMET employee, member, or officer will result in immediate Account termination.
- GOOD TROUBLE GOURMET does not pre-screen all persons and/or organizations wishing to use our Platform Theme and it is in our sole discretion to refuse or remove any group or person from the Service, including your Fundraiser.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that GOOD TROUBLE GOURMET employees and contractors may also be GOOD TROUBLE GOURMET customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
- In the event of a dispute regarding Account ownership or privilege of use, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, governing by-laws in force at the time of the agreement, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
- GOOD TROUBLE GOURMET retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the authorized Organization Representative. If we are unable to reasonably determine the rightful Fundraiser Owner, without prejudice to our other rights and remedies, GOOD TROUBLE GOURMET reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a GOOD TROUBLE GOURMET account, we can freeze the account or transfer it to the rightful owner, as determined by us.
- “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business/organization and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. GOOD TROUBLE GOURMET’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Both you and GOOD TROUBLE GOURMET agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
- Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, GOOD TROUBLE GOURMET shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall GOOD TROUBLE GOURMET or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GOOD TROUBLE GOURMET partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- GOOD TROUBLE GOURMET does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- GOOD TROUBLE GOURMET does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- GOOD TROUBLE GOURMET does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is limited.
- Waiver, Severability, and Complete Agreement
The failure of GOOD TROUBLE GOURMET to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and GOOD TROUBLE GOURMET and govern your use of the Services and your Account, superseding any prior agreements between you and GOOD TROUBLE GOURMET (including, but not limited to, any prior versions of the Terms of Service).
If GOOD TROUBLE GOURMET chooses not to enforce any of these provisions at any time, it does not mean that we give up that right later.
These Terms of Service make up the agreement that applies to you. This means that any previous agreements between you and GOOD TROUBLE GOURMET don’t apply if they conflict with these terms.
- Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the GOOD TROUBLE GOURMET Service. All Materials you upload remains yours. You can remove your GOOD TROUBLE GOURMET Fundraiser at any time by deleting your Account. You will still, however, remain responsible for ensuring proper payment and distribution of items purchased on your behalf.
- By uploading any Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Fundraiser; (b) to allow GOOD TROUBLE GOURMET to Fundraiser, and in the case of Materials you post publicly, display and use your Materials; and (c) that GOOD TROUBLE GOURMET can, at any time, review and delete all the Materials submitted to its Service, although GOOD TROUBLE GOURMET is not obligated to do so.
- You retain ownership over all Materials that you upload to the Fundraiser; however, by making your Fundraiser public, you agree to allow others to view Materials that you may independently post publicly to your Fundraiser. You are responsible for compliance of the Materials with any applicable laws or regulations.
- GOOD TROUBLE GOURMET shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Fundraiser to promote the Service.
Anything you upload remains yours and is your responsibility.
- POS Services
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the GOOD TROUBLE GOURMET POS software (“POS Software”), the GOOD TROUBLE GOURMET POS website, located at /pos, programs, documentation, apps, tools, internet-based services and components, GOOD TROUBLE GOURMET’s POS hardware (“POS Equipment”) and any updates thereto provided to you by GOOD TROUBLE GOURMET.
- Access to and use of the POS Services requires that you have an active and valid Account.
- If your POS Services are enabled with GOOD TROUBLE GOURMET Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable.
- You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
- You agree to use the POS Services in accordance with all procedures that may be provided by GOOD TROUBLE GOURMET from time to time.
- While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
- POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, located at https://www.GOOD TROUBLE GOURMET.com/legal/notice. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy, which can be found at https://hardware.GOOD TROUBLE GOURMET.com/pages/return-policy. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the GOOD TROUBLE GOURMET Hardware Fundraiser.
- The Fees for POS Services shall be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific organzation’s address. Locations are added through the GOOD TROUBLE GOURMET web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the GOOD TROUBLE GOURMET web administrative console and the number of locations detected by GOOD TROUBLE GOURMET, the number of locations detected by GOOD TROUBLE GOURMET shall be deemed to be correct.
If you use our POS Services, you must use the same payment processor that you use for the Online Services. You can cancel your POS Services at any time and still keep your Online Services active. We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk. Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards.
- GOOD TROUBLE GOURMET Shipping
You can opt to have shipping to your supporters through GOOD TROUBLE GOURMET (“GOOD TROUBLE GOURMET Shipping”) for delivery of goods purchased from your GOOD TROUBLE GOURMET Fundraiser. In addition to these Terms of Service, your access to and use of GOOD TROUBLE GOURMET Shipping is subject to the GOOD TROUBLE GOURMET Shipping Terms of Service, located at (a) https://www.GOOD TROUBLE GOURMET.com/legal/terms-shipping-us if you are located in the United States.
If you use GOOD TROUBLE GOURMET Shipping you must comply with the GOOD TROUBLE GOURMET Shipping Terms of Service.
- Platform Theme Fundraiser
- You may establish the appearance of your GOOD TROUBLE GOURMET Fundraiser with a design template from GOOD TROUBLE GOURMET’s Platform Theme Fundraiser (“a Platform Theme”). If you download a Platform Theme, you are licensed to use it for a single Fundraiser only. You are free to transfer a Platform Theme to a second one of your own Fundraisers if you close your first Fundraiser. To initiate a transfer of a Platform Theme to a second one of your Fundraisers, please contact GOOD TROUBLE GOURMET Support. You are not permitted to transfer or sell a Platform Theme to any other person’s Fundraiser on GOOD TROUBLE GOURMET or elsewhere. Multiple Fundraisers require multiple approvals and activations and are prohibited without pre-approval.
- You may not modify the Platform Theme to suit your Fundraiser without proper authorization. GOOD TROUBLE GOURMET may add or modify the footer that refers to GOOD TROUBLE GOURMET at its discretion. GOOD TROUBLE GOURMET may modify the Platform Theme where it contains, in our sole discretion, an element that violates the GOOD TROUBLE GOURMET AUP or other provisions of the Terms of Service, even if you received the Platform Theme in that condition. GOOD TROUBLE GOURMET may modify the Platform Theme to reflect technical changes and updates as required.
- The intellectual property rights of the Platform Theme remain the property of the GOOD TROUBLE GOURMET. If you exceed the rights granted by agreement, we may take legal action against you, and, without prejudice to our other rights or remedies, GOOD TROUBLE GOURMET may take administrative action such as modifying your Fundraiser or closing your Fundraiser.
- It is the responsibility of the user, and not GOOD TROUBLE GOURMET, to ensure that the installation of a new Platform Theme does not overwrite or damage the current or preexisting Platform Theme, or UI, of the user.
- Good Trouble Gourmet does not refund shipping costs for any reason.
- GOOD TROUBLE GOURMET Email
- GOOD TROUBLE GOURMET employs certain controls to scan the content of emails you deliver using the Email Services prior to delivery (“Content Scanning”). Such Content Scanning is intended to limit spam, phishing, or other malicious content that contravenes these Terms of Service, or GOOD TROUBLE GOURMET’s Acceptable Use Policy (collectively, “Threats”). By using the Email Services, you explicitly grant GOOD TROUBLE GOURMET the right to employ such Content Scanning. GOOD TROUBLE GOURMET does not warrant that the Email Services will be free from Threats, and each GOOD TROUBLE GOURMET merchant is responsible for all content generated by their respective Fundraisers.
- BY GENERATING OR SENDING EMAIL THROUGH THE EMAIL SERVICES, YOU AGREE TO COMPLY WITH THE FOLLOWING REQUIREMENTS (THE “EMAIL SERVICES REQUIREMENTS”). GOOD TROUBLE GOURMET, OR ITS THIRD PARTY PROVIDERS, MAY SUSPEND OR TERMINATE YOUR ACCESS TO AND USE OF THE EMAIL SERVICES IF YOU DO NOT COMPLY WITH THE EMAIL SERVICES REQUIREMENTS.
- Your use of the Email Services must comply with all applicable laws. Examples of applicable laws include laws relating to spam or unsolicited commercial email (“UCE”), privacy, security, obscenity, defamation, intellectual property, pornography, terrorism, homeland security, gambling, child protection, and other applicable laws. It is your responsibility to know and understand the laws applicable to your use of the Email Services and the emails you generate or send through the Email Services.
- You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email Services. It is your responsibility to read and understand your obligations in relation to Sensitive Data.
- Your use of the Email Services must follow all applicable guidelines established by GOOD TROUBLE GOURMET. The guidelines below are examples of practices that may violate the Email Services Requirements when generating, or sending emails through the Email Services:
- using non-permission based email lists (i.e., lists in which each recipient has not explicitly granted permission to receive emails from you by affirmatively opting-in to receive those emails);
- using purchased or rented email lists;
- using third party email addresses, domain names, or mail servers without proper permission;
- sending emails to non-specific addresses (e.g., firstname.lastname@example.org or email@example.com);
- sending emails that result in an unacceptable number of spam or UCE complaints (even if the emails themselves are not actually spam or UCE);
- failing to include a working “unsubscribe” link in each email that allows the recipient to remove themselves from your mailing list;
- failing to comply with any request from a recipient to be removed from your mailing list within 10 days of receipt of the request;
- disguising the origin or subject matter of any email or falsifying or manipulating the originating email address, subject line, headers, or transmission path information for any email;
- failing to include in each email your valid physical mailing address or a link to that information; or
- including “junk mail,” “chain letters,” “pyramid schemes,” incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient.
- If You or a customer knows of or suspects any violations of the Email Services Requirements, please notify GOOD TROUBLE GOURMET at abuse@GOOD TROUBLE GOURMET.com. GOOD TROUBLE GOURMET will determine compliance with the Email Services Requirements in its discretion.
- GOOD TROUBLE GOURMET’s Email Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to SendGrid’s Acceptable Use Policy as it may be amended by SendGrid from time to time.
By using the Email Services, you agree that GOOD TROUBLE GOURMET may use certain tools to ensure the content of the emails sent through the service is safe and compliant with our policies.
- Payment of Fees
- GOOD TROUBLE GOURMET will pay the Fees applicable to your Agreement and/or POS Services (“Processing Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Fundraiser when using all payment providers other than GOOD TROUBLE GOURMET Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as GOOD TROUBLE GOURMET Payments, POS Equipment, shipping, apps, Platform Themes, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”) within the time allocated in your Agreement, typically within 15-30 calendar days after the successful conclusion of your Fundraiser. Together, the Participation Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
- You must keep a valid reimubursement method on file with us to receive your disbursement in a timely manner. Failure to do so may result in late payments and will hold GOOD TROUBLE GOURMET harmless for such occurrences. GOOD TROUBLE GOURMET will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and GOOD TROUBLE GOURMET will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Participation Fees are paid concurrently as you progress with your Fundraiser. Transaction Fees and Additional Fees will be charged from time to time at GOOD TROUBLE GOURMET’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Fundraiser Owner via the email provided. As well, an invoice will appear on the Account page of your Fundraiser’s administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Participation Fees.
- If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account or your Fundraiser Page during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, GOOD TROUBLE GOURMET reserves the right to terminate your Fundraiser.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your fundraiser or purchases of GOOD TROUBLE GOURMET’s products and services. To the extent that GOOD TROUBLE GOURMET charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to GOOD TROUBLE GOURMET of your exemption. If you are not charged Taxes by GOOD TROUBLE GOURMET, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- For the avoidance of doubt, all sums payable by you to GOOD TROUBLE GOURMET under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by GOOD TROUBLE GOURMET to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. GOOD TROUBLE GOURMET shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
- You must maintain an accurate location in the administration menu of your GOOD TROUBLE GOURMET Fundraiser. If you change jurisdictions you must promptly update your location in the administration menu.
- GOOD TROUBLE GOURMET does not provide refunds, except as may be determined at the sole discretion of GOOD TROUBLE GOURMET leadership or authorized representative.
A valid payment method (like a credit card) is required for all Fundraisers. You will be billed for your Participation Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your payment method. If we are not able to process payment of Fees using your payment method, we will try again in 3 days. If we are unable to process payment of Fees on the second attempt, we will make a third and final attempt three days later. If payment of Fees is unsuccessful after three attempts, GOOD TROUBLE GOURMET may freeze your Fundraiser. You may be required to remit Taxes to GOOD TROUBLE GOURMET or to self-remit to your local taxing authority. Food items are non-refundable. However, in certain events and at the discretion of GOOD TROUBLE GOURMET leadership or authorized representative, a refund may be issued to a fundraise supporter. In these cases, shipping costs will not be included in the refunded amount for any reason.
- Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting GOOD TROUBLE GOURMET Support and then following the specific instructions indicated to you in GOOD TROUBLE GOURMET’s response.
- Upon termination of the Services by either party for any reason:
- GOOD TROUBLE GOURMET will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to GOOD TROUBLE GOURMET for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Fundraiser website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the GOOD TROUBLE GOURMET Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, GOOD TROUBLE GOURMET may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
To initiate a termination contact Support. GOOD TROUBLE GOURMET will respond with specific information regarding the termination process for your account. Once termination is confirmed, domains purchased through GOOD TROUBLE GOURMET will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
- Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from GOOD TROUBLE GOURMET. Such notice may be provided at any time by posting the changes to the GOOD TROUBLE GOURMET Site (GOOD TROUBLE GOURMET.com) or the administration menu of your GOOD TROUBLE GOURMET Fundraiser via an announcement.
- GOOD TROUBLE GOURMET reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
- GOOD TROUBLE GOURMET shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
- Third Party Services, Experts, and Experts Marketplace
- GOOD TROUBLE GOURMET may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the GOOD TROUBLE GOURMET App Fundraiser, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
- GOOD TROUBLE GOURMET Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your GOOD TROUBLE GOURMET Fundraiser.
- We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that GOOD TROUBLE GOURMET has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on GOOD TROUBLE GOURMET’s websites, including the GOOD TROUBLE GOURMET App Fundraiser or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with GOOD TROUBLE GOURMET. GOOD TROUBLE GOURMET does not guarantee the availability of Third Party Services and you acknowledge that GOOD TROUBLE GOURMET may disable access to any Third Party Services at any time in its sole discretion and without notice to you. GOOD TROUBLE GOURMET is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. GOOD TROUBLE GOURMET strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
- You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Fundraiser Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) GOOD TROUBLE GOURMET will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that GOOD TROUBLE GOURMET may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your GOOD TROUBLE GOURMET Fundraiser. You choose the pages that the Experts can access.
- The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and GOOD TROUBLE GOURMET is not obligated to intervene in any dispute arising between you and a Third Party Provider.
- Under no circumstances shall GOOD TROUBLE GOURMET be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if GOOD TROUBLE GOURMET has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GOOD TROUBLE GOURMET partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the GOOD TROUBLE GOURMET Platform Theme, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
- Beta Services
From time to time, GOOD TROUBLE GOURMET may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which GOOD TROUBLE GOURMET will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered GOOD TROUBLE GOURMET Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without GOOD TROUBLE GOURMET’s prior written consent. GOOD TROUBLE GOURMET makes no representations or warranties that the Beta Services will function. GOOD TROUBLE GOURMET may discontinue the Beta Services at any time in its sole discretion. GOOD TROUBLE GOURMET will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. GOOD TROUBLE GOURMET may change or not release a final or commercial version of a Beta Service in our sole discretion.
- Feedback and Reviews
GOOD TROUBLE GOURMET welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to GOOD TROUBLE GOURMET be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to GOOD TROUBLE GOURMET (whether submitted directly to GOOD TROUBLE GOURMET or posted on any GOOD TROUBLE GOURMET hosted forum or page), you waive any and all rights in the Feedback and that GOOD TROUBLE GOURMET is free to implement and use the Feedback if desired, as provided by you or as modified by GOOD TROUBLE GOURMET, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to GOOD TROUBLE GOURMET must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. GOOD TROUBLE GOURMET reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
- DMCA Notice and Takedown Procedure
GOOD TROUBLE GOURMET supports the protection of intellectual property and asks GOOD TROUBLE GOURMET merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to GOOD TROUBLE GOURMET’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we reFundraiser the material. For more information, see our DMCA Notice and Takedown Procedure.
GOOD TROUBLE GOURMET respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send GOOD TROUBLE GOURMET a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.
- Rights of Third Parties
Save for GOOD TROUBLE GOURMET and its affiliates, GOOD TROUBLE GOURMET Users or anyone accessing GOOD TROUBLE GOURMET Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Only GOOD TROUBLE GOURMET, GOOD TROUBLE GOURMET Users and persons accessing GOOD TROUBLE GOURMET Services have any rights under these Terms of Service.
- Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, GOOD TROUBLE GOURMET’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
GOOD TROUBLE GOURMET LLC
2901 S. Capital of Texas Highway
Austin, TX 78746