Terms of Service

 

Terms of Use

We appreciate your use of the Blitz Concessions products and services. Thank you for joining our customer team to help users buy and sell concessions at sports games, charity events, and other programs. If you have any questions about using our services, please contact our help desk at info@blitzconcessions.com. The following terms of use are very important to our community. They share with you our intentions, expectations, and agreements. In turn, these terms of use also confirm our expectations of your commitment to use our products and services safely and within the confines of these terms of use and all applicable laws. The terms follow the laws of Texas and the federal laws of the United States of America. They have been crafted by us to clarify our relationship, which by relying on our products and services, you agree to accept and ensure you meet their terms. They also implore your use of common sense as well. In fact, we developed our materials and services with common sense and common experience. In this way, common sense implores you to contact us with any questions, comments, or requests. Please do so to avoid any confusion or misunderstanding. We look forward to our working relationship together and thank you for working us.

Blitz Concessions provides a platform that allows organizations to grow their fundraising efforts by using the features included in the platform. Organizations that use Blitz Concessions could include, but are not limited to, booster clubs, PTO organizations, and nonprofit organizations. 

Please read these terms and conditions carefully, as these consumer terms and conditions constitute a legal agreement between you and Blitz Concessions as defined below. Blitz Concessions may be required to update its terms of use and will notify organizations via email of such changes when they become available. During the registration process with Blitz Concessions, you expressly agree to the Terms of Service, which will also be available on our website for further review and consideration following your registration. 

 

Definitions

Blitz Concessions is a concession management platform that provides users the functionality to manage a concession stand related to, for example, a booster club or other non-profit group by providing features to enhance and simplify the process. For purposes of the Terms of Service, the following definitions apply:

  • “Concession” means any food, beverage, or merchandise sold at an event hosted on the platform.
  • “Platform” means the software and technology we provide to allow users to buy and sell event concessions.
  • “Organization” refers to any entity that signs up to use Blitz Concessions to operate their concessions program and incorporates all persons acting with actual or apparent authority on behalf of the Organization. The organization incorporates the following users acting on behalf of the organization, including the Group Admin, Event Admin, and Volunteer, as defined below.
  • “User” means any individual using Blitz Concessions in any capacity. This person could be a group administration, event administrator, volunteer, or customer. Each type of user is defined individually for the purposes of clarity in the use of the platform.
    • “Group Admin” means the individual within the organization who can make financial and organizational decisions for the organization. This user has the ability to use any function on the organizational side of the platform. This includes all features that are required to set up an event (season, teams, products, combos, stands, users, and documents) 
    • “Event Admin” means a user assigned by a group admin that has all of the permissions of the group admin except for credit card set up. They have the ability to add and alter events, stands, volunteers, products, combos, documents, and users. They can see reporting features, send sms text messaging to volunteers and customers, and see the event order log module.
    • “Volunteer” means a user assigned by a group admin or event admin to work a specific stand for a specific event. They will only be able to see and operate a stand that they have been assigned to work. They only have the ability to sell items from the cash window or fulfill online order requests. They cannot access inventory management, sms messaging, or reporting.
    • “Customer” means any user using the platform to purchase items from any event menu posted on the Blitz Concessions platform. Any of the other user profiles have the ability to operate as a customer from their same user login by toggling in their profile and switching back and forth between the customer or admin.
  • “Company” means Blitz Concessions, LLC, which has designed, created, marketed, and maintained this platform. 
  • “Stripe” is the third-party payment processing platform the company uses to handle credit card transactions.
  • “Twilio” is the third-party administrator that handles the SMS features related to the platform.
  • “Sendgrid” is the third-party administrator that handles the email aspects of the platform.
  • “Service” means the services our platform provides, including the ability to buy and/or sell concessions at events, primarily, but not limited to, non-profit organizations. The ability to produce reports related to those events and utilize them for the purposes of purchasing, checking profitability, and balancing cash and credit transactions. The ability to upload documents relating to the organization to share with other admins and volunteers by event and by the stand. Volunteer management allows organizations to invite and manage volunteers for events.
  • “Content” means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Platform.
  • “Intellectual Property” means all intellectual property rights, including, without limitation, patents, copyrights, trademarks, trade secrets, and any other proprietary rights.
  • “Confidential Information” means all information and data related to the Platform, including, without limitation, the platform itself, user data, and any other information provided by other users or us.
  • “Dispute” means any dispute, controversy, or claim arising from or relating to these Terms of Service or the breach, termination, or validity thereof.
  • “Mediation Provider” means any organization or individual facilitating resolving disputes and conflicts between parties through a voluntary and confidential process. If the company and the organization/user or customer cannot agree on a resolution if an issue arises, both parties agree to mediation as an equitable way to resolve any issues.
  • “Arbitration Provider” is a third-party organization specializing in administering and managing arbitration proceedings to help resolve a dispute out of court.
  • “Jurisdiction” means the jurisdiction where our company is registered, which is the State of Texas. 
  • “POS (point of sale) system” means the platform that allows cashiers to sell items for a specific event based on inventory and sales price information provided by the concessions management. The in-person POS is a cash-only service. Correct selections and sales information imputed into the platform will create an accurate inventory balance and ensure that cashiers are selling items for the correct price and giving the correct change.
  • “Online ordering” means customers can order the same menu items online. These orders will be credit cards only. Customers create a profile with their name, email, and phone and can save credit card information to our Stripe account to make purchases for future events. This process also creates an accurate inventory process for organizations and ensures items sell for the intended price. 
  • “Volunteer management” – means the platform allows group admins and event admins to send invites to volunteers and managers of an event via text and email. Group admin Assigns them to specific events and specific stands to work. Depending on the level that they are asked to volunteer, they have access to inventory and sales price changes. At all times, such Volunteer management act on behalf of the Organization as requested by the group admins or event admins. Therefore, all actions, conduct, and activities of the Volunteer management remain the full and complete responsibility of the Organization.
  • “Document management” means group and event admins can upload, create or link to documents useful to volunteers and admins in the system and assign them to an event or a specific stand. Examples would include opening the concession stand, closing the stand, or working equipment.
  • “Event creation” means when a group admin or event admin sets up an event on the platform to use it to publish the event to be available for the public to look at and order. Events can be seen by anyone that looks at the events screen for Blitz Concessions. Events are not private or limited to be seen.
  • “Reporting” means that for each event, the platform captures data that can be used to help organizations for future events, and see trends in purchases and specific items by event, stand, or season.
  • “Communications” means SMS feature in the platform that allows organizers to send text messages to event admins, volunteers, or customers for a given event. Blitz Concessions uses Twilio and Sendgrid to generate messages from the platform to communicate with all user levels.
  • “Order logs” means the platform will log all orders and assign unique order numbers to each order and identify the status of each order (pre-order, preparing, prepared, delivered or closed)
  • “Pre-orders” means the platform allows organizations to create specified items to be available for pre-sell before events, creating cut off times for these items so that they can use outside vendors to provide items.

 

These definitions shall apply to the singular and plural forms of the terms defined.

 

Application of this Agreement to the Organization

Each time the platform is used to create an event by the organization, any cash or credit sales processed through the platform are subject to the agreed-upon fees. As of January 2023, the current rate to use the platform, charged by the company, is 4%. The 4% is assessed from the gross cash and credit card sales performed through the platform for each event. This agreement may be altered if both parties agree to different terms via email communications. Verbal agreements are not binding.

Any user that accesses or uses any information, function, feature, or service made available or enabled by the Platform, including, but not limited to, the act of creating an account, is affirming they have accepted the terms of this agreement. In addition, by proceeding to use the Platform, you acknowledge that you have the authority to enter into this terms of use agreement on behalf of the organization for whom you have created an account or have been named as a user during the registration process with Blitz Concession and to bind such organization or user to this agreement.

Application of this Agreement to the Customer

Customers can use the platform to place orders for events that are posted on the website. Customers can view menu items available for a given event. If they choose to order from an event, they must set up a profile on the platform. The profile requires a name, email, and cell phone number. Customers are prompted to create a password and put in a credit card for a purchase. 

Organizations have the ability to charge credit card fees to customers. It is at the discretion of the organization. The company does not have control, nor does it make any suggestions or opinions about whether or not the organization chooses to push the credit card fees to the customer. There are some states where this is not legal, and it is up to the organization to be aware of these restrictions regarding their jurisdiction. If a customer has a question about the credit card fee charges, they should contact the organization in charge of that event. 

SMS messaging and Emails

Blitz Concessions uses Twilio and Sendgrid to communicate with users via text and email. These texts and emails are generated to the user for the following reasons:

  • Customers – receive a text to confirm their online order has been received at the concessions stand. A follow-up text is received when the order is ready and their credit card has been charged. A text could also be received if the stand has canceled the order. Emails are received for the same.
  • Volunteers- receive a text when they have been “invited” to work the stand that they signed up to work with their organization. They have a link to accept the invitation on the platform. They will get a reminder text 24 hours before the start of the event and then when the event has started. Emails are received for the same.
  • Event Admins- receive a text when assigned to an event. They receive a text 24 hours before and when the event has started. Emails are received for the same.
  • Group Admin – will receive email confirmations from admins when they accept the invitation for their role.

Group and Event Admins can generate a text to customers, volunteers, or event admins for a specific event through the SMS module. 

If you choose to opt out of text messages, please reply “stop” on the text message or contact Blitz Concessions at info@blitzconcessions.com.

 

Taxes and Fees

The Company’s fees exclude all taxes that may be imposed on the organization. The organization has the sole responsibility and liability for:

  • Determining which, if any, taxes or fees apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with the use of this platform.
  • Assessing, collecting, reporting, and remitting all applicable taxes, fees, and duties associated with the purchase and use of our products or services or the items which are sold on the platform. The organization shall pay any taxes or fees imposed by any governmental authority, and the organization agrees to indemnify and hold the company harmless from any such taxes and fees. We are not responsible for any taxes, fees, or duties imposed by any third party, including, but not limited to, credit card issuers, banks, or payment processors. The organization is responsible for determining whether any taxes, fees, or duties apply to their sales on the platform and reporting and remitting the appropriate amount to the relevant authorities.

 

The Organization is responsible for remitting any and all taxes, fees, duties, or other governmental charges that may be owed for transactions based on their taxing status to the proper taxing entities. The Company does not calculate or pay any taxes or fees on behalf of the Organization. The Company does not pay any taxes or fees to any taxing authority on behalf of the Organization. The Organization agrees under these terms to indemnify and hold harmless the company from any obligations imposed by any taxing authority.

Modification

The Company reserves the right to update or modify the terms and conditions of this agreement or policies relating to the technology and services at any time, effective upon posting an updated version of this agreement and posting it to the website. It is up to the User to review the terms for any changes. 

Additional Terms and Policies

By using the Platform, you understand that the collection and use of your purchase and sales data can be sold to a third party if the Company makes an agreement to such. Information could include items, prices, margins, and location information related to events. No personal information related to an individual’s emails, phone, or credit card information will be shared with a third party.

Use of credit cards

Customers can purchase items for the organization’s events through the platform. Customers must input personal and credit card information into the platform. The platform uses Stripe as the credit card processor. When customers enter their credit card information, the card number is sent directly to Stripe and secured. Stripe returns a security token that is used on the platform. All credit card information is stored and secured on the Stripe platform. There is no credit card information stored on the Blitz platform. 

 

Payment Processing and Blitz Payment

All credit card charges by customers for the organization are processed through the Blitz Stripe account. At the time of setting up the organization in the platform, the organization is sent a link to connect their organization’s bank account through a secure link to the Blitz Stripe account. These links create what is referred to in the Stripe documentation as a “connected” account. The company will use the sales reports for each event to calculate the Blitz fee and collect those fees at that time. The balance of the credit card charges will be sent to the organization’s bank account through the connected account within 5-7 days of the close of the event.

Credit card fees are taken by Stripe before they come into the Blitz Stripe account. Organizations are able to have the customer cover the credit card fees by enabling that in settings under their profile. It is the responsibility of the organization to be familiar with the laws related to passing credit card fees to their customers. By enabling that feature to push credit card fees to your customer, you acknowledge that it is legal to do so in your jurisdiction. The company is providing you a platform to accept credit cards but will not take any responsibility as to the legality of the organization to handle those fees.  The organization agrees under these terms to indemnify and hold harmless the Company from any responsibility regarding the ability or legality of passing credit card fees to the customer. 

The credit card fees charged by Stripe are taken at the time of the charge by the customer. There are no refunds from the company or Stripe for credit card fees if there is a return issued to your customer. The technology is designed to eliminate the need for any refunds by not charging the card until the order is filled.

There are multiple options on the platform that allows organizations to upload images. Each organization must have the approval to use any images that are used for their event within the platform. The organization is solely responsible for any content that is posted on the platform. You grant the company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, and distribute your content in connection with our platform. The organization represents and warrants that they have all of the necessary rights to post the content on our platform. Organizations must be able to provide Blitz Concessions with written consent for any images used. Citing or downloading images from sites without permission or purchasing from the source is illegal. Some sites offer images for free, but organizations are responsible for understanding the terms of use for those images. Images offered by the company are able to be used for use on the technology but may not be used for other purposes.

Rules and Prohibitions

By using the technology, you agree to the following terms:

  • You will only use the technology for the purpose intended. You will not attempt to use the technology for sending, selling, or storing unlawful material or items for a deceptive or fraudulent purpose. You will not use the platform for any illegal or unauthorized purposes.
  • You will use the technology in accordance with the applicable laws, including, but not limited to, copyrights, trade secrets, or other intellectual property rights, or rights of any third party, including privacy, personality, or publicity rights.
  • You will not use or attempt to use another user’s account or impersonate any person or entity.
  • You will not use the technology in a way that is considered spamming or any other form that would be regarded as a nuisance, annoyance, or inconvenience to other users or the general public.
  • Your organization will not directly or indirectly create or compile data to sell or collect within your organization’s sales events to create income for your organization. Compiling information regarding inventory and sales will only be used for internal use in your organization.
  • It is your responsibility to secure your account passwords and login credentials to access the technology.
  • You or your organization will not attempt to license or sell usage of this technology to a third party for any reason.
  • You will not use the technology in any way that could damage, overburden, or prohibit the functioning of the technology.
  • You will not attempt to access the technology or its networks in any way to circumvent the securities or breach the servers related to the functioning of the technology.
  • You will not engage in the technology in any way that may harm or threaten any users of the technology.
  • You will not create any items or sell any items that are considered to be harassing, racist, or sexist in the images that you use or words chosen to describe the item you are selling.
  • You will not falsely or fraudulently claim that an order is yours to pick up or that the order was missing, incorrect, or of poor quality.
  • You are not allowed to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or the basic ideas from the technology or the company.

The above list incorporates examples of prohibited conduct, but it is not exhaustive. The Company reserves the right to take all appropriate action whenever the user’s conduct does not meet the terms of this agreement, even if that conduct is not expressly set forth herein.  If, for any reason, the company believes that you or your organization have behaved in any conduct that violates the above restrictions, the company has the right to deactivate your account temporarily or permanently. The company has the authority to cancel an event if it reviews the content and feels it does not line up with the image of the company. 

Organizations are Independent

The organization understands that the company provides the technology to connect you with customers to sell concessions. You understand that the company is not a merchant, retailer, restaurant, grocer, delivery service, or preparation business and has no responsibility or liability for the acts or omissions of any organization. The organization is managing its own inventory and order delivery. The company provides the platform to enable the management of inventory, sales, and fulfillment of online orders but does not offer services to deliver food to customers. The organization is responsible for all fulfillment and food safety of the products they sell. The organization must comply with all health codes pertaining to the operation of concessions in its jurisdiction. The company does not own or control the items for sale on our platform, we are not involved in any transactions with the customers.

 

Customer Accounts

The customer is required to register for an account as part of the services provided by the company. The time zone must be accurate for specific products to have proper order times available. The customer’s responsible for providing accurate, current, and complete information during the registration process and at any time they are using the technology. Customers are the sole authorized user of the account they set up. The customer is responsible for any charges for orders placed through the technology. Should the customer suspect any unauthorized use of their account, change the password and notify the organization.

Intellectual Property Ownership

The company owns all rights, branding, logos, titles, and interests, including all related intellectual property rights, in and to the technology. This agreement in no way represents a sale and does not convey any right of ownership to the users of this technology, logos, images, and products related to this technology. The company grants the organization a non-exclusive, royalty-free, non-assignable, non-transferable, non-sublicensable, revocable, limited access to the technology.

Refunds

Refunds are the responsibility of the organization. The technology does not charge for the transaction until the order is filled and available for pick up at the concession stand, or other identified location. Once the order is ready, the organization has the right to charge the customer for the items that were purchased. The technology is designed to prevent the need for refunds. In the rare case that an order was placed in error, the customer should go to the stand before the order is filled and request the order be canceled as the card will not have been charged until the order is filled.

Indemnification 

Users and Customers agree to indemnify and hold the company harmless from any claims, damages, losses or liabilities arising from your use of the platform or your breach of these terms and conditions. This includes, but is not limited to, indemnity in the event:

 

  • The user violates any applicable laws or regulations while using the platform.
  • The user breaches the terms of service or any other agreement with the platform’s creator.
  • While using the platform, the user infringes on any intellectual property rights, including trademarks, copyrights, or patents.
  • The user causes harm or damages to any third party while using the platform.
  • The user engages in fraudulent or deceptive conduct while using the platform.
  • The user misuses any confidential or proprietary information obtained through the platform.
  • The user fails to comply with any applicable data privacy or security laws while using the platform.
  • The user causes a disruption or damage to the platform’s operation or infrastructure.
  • The user makes any unauthorized modifications to the platform’s software or code.
  • The user’s actions or omissions result in any liability or damages to the platform’s creator or its affiliates.
  • The user provides inaccurate or incomplete information while using the platform, which results in harm or damages to any third party.
  • The user breaches any applicable export control or sanctions laws while using the platform.
  • The user engages in any illegal or unethical conduct while using the platform.
  • The user fails to obtain any necessary approvals or authorizations before using the platform.
  • The user breaches any confidentiality or non-disclosure agreements while using the platform.
  • The user’s use of the platform results in any violation of antitrust or competition laws.
  • The user’s use of the platform results in any violation of employment or labor laws.
  • The user’s use of the platform results in any violation of consumer protection laws.
  • The user’s use of the platform results in any violation of environmental or health and safety laws.
  • The user’s use of the platform results in any breach of contract or other legal obligations owed to any third party.

 

Dispute Resolution

 Any dispute or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by mediation and, if necessary, binding arbitration in accordance with the following rules:

 

Mediation. The parties shall first attempt to resolve any dispute or claim through good faith mediation. Mediation shall be conducted in the county where the vendor is located. If the parties cannot agree on a mediator within thirty (30) days after either party has made a written request for mediation, either party may apply to the court for the appointment of a mediator. The mediator shall be neutral and impartial and shall be selected based on his or her experience and qualifications in the relevant area of law. The parties shall share the costs of the mediator equally.

 

Arbitration. If the parties are unable to resolve the dispute or claim through mediation, the dispute or claim shall be resolved by binding arbitration in the county where the vendor is located. The arbitration shall be conducted by a single arbitrator appointed by the parties in accordance with the following procedure:

 

(a) Within fifteen (15) days after the failure of mediation, each party shall nominate one arbitrator.

 

(b) Within thirty (30) days after the failure of mediation, the two arbitrators so nominated shall appoint a third arbitrator who shall act as the presiding arbitrator.

 

(c) If either party fails to nominate an arbitrator within the time limit specified in paragraph (a), or if the two arbitrators so nominated fail to appoint a third arbitrator within the time limit specified in paragraph (b), either party may apply to the court for the appointment of an arbitrator.

 

Arbitration Procedure. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except as otherwise provided in this Agreement. The arbitration shall be conducted on an expedited basis, and the arbitrator shall issue a written decision within thirty (30) days after the close of the hearing. The decision of the arbitrator shall be final and binding on the parties, and may be enforced by any court of competent jurisdiction.

 

Waiver of Class Action. The parties waive any right they may have to a trial by jury or to participate in a class action. The parties agree that any arbitration proceeding will take place solely on an individual basis and not in a class, consolidated or representative action. The parties further agree that the arbitrator may not consolidate the claims of more than one party and may not otherwise preside over any form of a consolidated, representative or class proceeding.

 

Costs and Fees. The parties agree to bear their own costs and expenses in connection with the mediation and arbitration, except that the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the mediation or arbitration.