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.
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:
These definitions shall apply to the singular and plural forms of the terms defined.
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.
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.
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:
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 email@example.com.
The Company’s fees exclude all taxes that may be imposed on the organization. The organization has the sole responsibility and liability for:
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.
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.
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.
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.
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.
By using the technology, you agree to the following terms:
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.
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.
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.
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 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.
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:
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.