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wisecrowdfunding TERMS OF USE POLICY

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Standalone accounts will be asked to agree to the terms in the Stripe-provided on-boarding flow. For more information, please go to http://stripe.com/us/legal for a complete explanation.

For Campaign Creators/Organizers (Standalone users). Only campaign creators/organizers whose personal bank accounts (or the business or entity they are affiliated with) that are tied to their respective accounts may receive donations deposited directly in to their accounts. A Misuse occurs whereby the campaign organizer fails to use the funds raised for the intended purpose.

In the event of a Misuse, the Campaign Organizer is liable for all donations received/misappropriated. wisecrowdfunding is not liable in any way shape or form. Additionally, in the event of Misuse, the Campaign Organizer will be subject to Stripe’s policies and any applicable laws that govern the funds and transaction(s). In the event of Misuse, Campaign Organizers are solely responsible for providing any and all refunds to donors.   All resolutions are decided by wisecrowdfunding and Stripe in our sole discretion, and all of our determinations are final.

Upon wisecrowdfunding’s requests, you agree to return any contributed funds back to wisecrowdfunding if the missing funds due to the Misuse are ultimately provided to you by anybody other than wisecrowdfunding, including the campaign organizer or court order.

Submitting a Claim. If you are a donor requesting a claim, you must meet the following additional requirements:

  1. You are a donor to the Covered Campaign, and you made an online donation via the Platform;
  2. You still own the payment instrument you used to make the donation at issue and are authorized to accept a funds transfer back onto that payment instrument;
  3. You submitted your claim within 30 days from your donation date; and
  4. You must not have already filed a chargeback for the same donation

Donate at your own risk:

wisecrowdfunding campaigns are accurate and funds are delivered to the account holder with the understanding that the funds will be used for their stated purpose. In the rare occurrence of misuse, donors understand that donation  refunds are the sole responsibility of the Stripe Account holder to which they donated to therefore, never donate funds to anyone you do not know or do not trust and are not comfortable with. In other words, donate at your own risk.  Most conflicts are not actual misuses of the wisecrowdfunding Platform, and campaign organizers work to answer questions and resolve donors’ concerns quickly. But if your concern is not sufficiently addressed, then we are here to help.

For Donors. Donors may receive a refund (or other resolution as described below) when they donate to a Covered Campaign and the campaign organizer or beneficiary (if one exists) of the Covered Campaign commits a Misuse. “Misuse” means any of the following:

  1. The campaign organizer does not deliver funds or use funds for its intended purpose;
  2. The campaign’s content is inaccurate with respect to a material fact about the campaign organizer, beneficiary, or campaign that would induce a reasonable donor to donate to the campaign; and
  3. The campaign organizer or beneficiary is formally charged with a crime directly related to their actions, omissions, and/or misrepresentations made by that individual in the campaign.

In the event of a Misuse as determined in our sole discretion, the campiagn organizer to which the donor directly contributed to is 100% liable for the return of the donation. wisecrowdfunding is not liable for any losses incurred. Never donate funds to anyone you do not know or are not comfortable with. In other words, donate at your own risk.

All resolutions are decided by wisecrowdfunding and Stripe in our sole discretion, and all of our determinations are final.

Donor Exclusions. The following reasons for a refund are excluded and not covered by this Policy:

  1. Seeking a refund for your donation to your own campaign;
  2. Refunds for offline donations not transacted on the Platform;
  3. Remorse;
  4. A personal disagreement with or dislike of the campaign organizer or beneficiary;
  5. Disagreement with how a campaign organizer or beneficiary uses funds raised in excess of the stated campaign goal at the time of your donation;
  6. Disagreement over the payment instrument or means by which the campaign organizer or Intended Beneficiary will receive the campaign funds;
  7. Disagreement with wisecrowdfunding for any reason; or
  8. Any reason not based on the honestly-held belief based on presentable information that a Misuse has occurred.

Please contact wisecrowdfunding with questions.

Abusive Claims. Abusive claims include but are not limited to the following:

  1. Filing excessive or duplicate claims;
  2. Colluding with any other user (including donor, campaign organizer, and/or beneficiary) to misrepresent facts or circumstances related to a campaign or donation, or otherwise fraudulently seek payment under this Policy;
  3. For donors, filing a chargeback after receiving a refund, filing a claim under this Policy after filing a chargeback, or initiating a payment or refund request using a fraudulent payment instrument; or
  4. Any claim for a campaign where you caused or induced the Misuse, whether directly or indirectly.

Users who file fraudulent claims are subject to consequences outlined in our Terms of Service. We reserve the right to investigate anyone by engaging public and private organizations, including, but not limited to donors, campaign organizers, beneficiaries, collection agents, private investigators, and local, state, federal and applicable international agencies. We will take appropriate action against anyone who, in our sole discretion, violates any of the terms or spirit of this Policy, including suspending or terminating the account of such violators, terminating coverage under this Policy, stopping payments, freezing or placing a hold on funds when wisecrowdfunding reasonably believes it to be required by applicable law, and reporting users to law enforcement authorities or otherwise taking appropriate legal action.

No Assignment or Insurance or Warranty. This Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Policy. The benefits provided under this Policy are not assignable or transferable by you. This Policy is not a warranty against fraud or any other misuse of the Platform. We encourage you to donate only to campaign organizers and beneficiaries you know and trust.

Modification or Termination. wisecrowdfunding reserves the right to modify or terminate this Policy, at any time, in its sole discretion, and without prior notice. If we modify this Policy, we will post the modification on the wisecrowdfunding website or provide you with notice of the modification and we will continue to process all claims made prior to the effective date of the modification.

Entire Agreement and Definitions. This Policy coupled Stripe’s TOS constitutes the entire and exclusive understanding and agreement between wisecrowdfunding and you regarding the subject matter herein and supersedes and replaces any and all prior oral or written understandings or agreements between wisecrowdfunding and you regarding your ability to claim or qualify for a refund or payment from wisecrowdfunding .

wisecrowdfunding’s Terms of Service. The terms of this Policy are hereby incorporated by reference into wisecrowdfunding’s Terms of Service. All terms within the Terms of Service apply to this Policy, including but not limited to terms relating to Governing Law, Arbitration, Limitation of Liability, Privacy (including wisecrowdfunding’s Privacy Policy), and Disclaimer of Warranties. With respect to the use of the Services as defined in the Terms of Service, in the event of conflict the Terms of Service will take precedence over these terms of this Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the wisecrowdfunding Terms of Service.

Other Donor Requirements. You agree that a certain minimum donation amount may apply to qualify for benefits under this Policy, and that all donation payments remain final and will not be refunded unless wisecrowdfunding, in its sole discretion, agrees to issue a refund under the terms of this or other Policy.

No Waiver. You agree that wisecrowdfunding’s decision to grant benefits under this Policy does not constitute a waiver of its right to decline refunds, payments, or other benefits in the future for any reason in its sole discretion.

Questions. If you have any questions about this Policy, please contact us.

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