Benson's Candle Co.

Terms of service

OVERVIEW

This website is operated by Benson's Candle Co.. Throughout the site, the terms “we”, “us” and “our” refer to Benson's Candle Co.. Benson's Candle Co. offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Our Policies:
Our Privacy Policy (the "Privacy Policy") and our Fundraising Specific Policy (the "Fundraising Specific Policy ") are hereby incorporated into these Terms and Conditions and made a part hereof. The newest copies of each are found on the Site. To the extent of any conflict among the body of these Terms and Conditions, the Privacy Policy and the Fundraising Policy, they shall govern and control in the following order: (1) the Privacy Policy, (2) the Fundraising Specific Policy, and (3) the body content of these Terms and Conditions.


SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products 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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – USER ACCOUNTS
In order to access certain portions of the Services or areas of the Site, you may be required to create a user account (a "User Account"). You represent, warrant and agree that all information which you provide through any portion of the Site in connection with creating your User Account, fundraising or otherwise, is legally compliant, accurate, and complete. You may never use another party’s User Account without such party’s express written authorization. You are solely responsible for all use connected with your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct. You are solely responsible for maintaining the security of your User Account login credentials (username, Multi Factor Authorization (MFA) access authentication codes, etc.). You agree to notify us immediately of any security breach or unauthorized use of your User Account.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Benson’s Candle Co., or its service provider, for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy.

Users Under The Age of 18  (Minors):

The Site, and the Services are only available to be used by, individuals who are 18 years and older, except as provided herein. Individuals under the age of 18 (minors) can use them only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all use, including financial transactions, obligations, and commitments. Users of the Site, and the Services, who are California residents and are under 18 years of age may request and obtain removal of any User Content (as defined below) which they authored by contacting us here.  Also see our Privacy Policy for more information.

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 9 -  FTC DISCLOSURE POLICY
Benson’s Candle Co. is required by the The Federal Trade Commission (FTC) to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made by Benson’s Candle Co, including affiliate partnerships. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement except as disclosed in writing. The views and opinions expressed on the Site are purely our views and opinions or those expressed by holders of User Accounts. Views and opinions expressed on the Site, social media outlets, or other news media, whether written, video, audio, or otherwise are not endorsed or otherwise supported by Benson’s Candle Co. unless expressly stated by Benson’s Candle Co..

SECTION 10 -  FRAUD PROTECTION
We reserve the right to refuse to provide services due to suspected fraud or unauthorized or illegal activity on the Site or Mobile Application. If we suspect fraudulent, unauthorized, or illegal activity, we may contact you at the phone number or email address you provided. We also reserve the right to cancel any User Accounts or refuse to provide services due to suspected fraud or unauthorized or illegal activity.

SECTION 11 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 -  LINKS TO THE SITE
Links to third-party websites are not under the control of Benson’s Candle Co..  These links shall not be construed as our endorsement of, solicitation of, sponsorship of, or affiliation with a linked website.  We assume no responsibility or liability with respect to third party links beyond this Site.

SECTION 13 -  NON-MALICIOUS USE
You are prohibited from utilizing or initiating any automated system, including, but not limited to, "bots," "spiders," or "offline readers," that accesses the Site in a manner that generates more request messages to our servers within a specified timeframe than what a human could reasonably produce using a standard online web browser during the same period. However, we do permit the operators of public search engines to employ spiders to replicate materials from the Site for the sole purpose of creating publicly available searchable indices of said materials, and solely to the extent necessary for this purpose. Please note that we reserve the right to withdraw these permissions, either universally or in specific instances. Additionally, you are prohibited from gathering or harvesting any personally identifiable information, including names or other details related to User Accounts, from the Site. Furthermore, you are not permitted to utilize the communication systems provided by Benson’s Candle Co., including the chat feature, for any commercial solicitation purposes. You agree not to circumvent, disable, or otherwise impede security-related features of the Site or features designed to prevent or restrict the use or duplication of any Content, or enforce limitations on the utilization of the Site and/or the Content. Your access and usage of the Site and/or Services must adhere to all applicable federal, state, local, and international laws and regulations. Furthermore, your utilization of the Site and/or Services must not endorse any illegal activities, or advocate, promote, or aid any unlawful actions.

SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 15 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 17 -  LIMITED ACCESS
At times, the Site, and/or Services may be inaccessible or inoperable for various reasons, including equipment malfunctions, updates, maintenance and repairs, and causes beyond our control or those that are not reasonably foreseeable. We are not obligated to compensate you for these conditions.

SECTION 18 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 19 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Benson's Candle Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 20 – INCENTIVE PROGRAM DISCLAIMER
You expressly agree that you, and your represented organizations participants, participation in any incentive program is at your sole risk. The Service and all products and Services delivered to you through the incentive program are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Benson's Candle Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.  We reserve the right to substitute incentive program rewards at our discretion.

SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Benson's Candle Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, 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 they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 27 -  RESERVATION OF RIGHTS
We specifically reserve all rights that we do not expressly grant in these Terms and Conditions.

SECTION 28 -  VENUE AND CHOICE OF LAW
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THIS SECTION 28, BY USING THE SITE, THE MOBILE APPLICATIONS OR THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS SECTION 28 CAREFULLY.

You acknowledge and agree that: (a) the Site and Services shall be deemed solely based in Texas; and (b) the Site and Services shall be deemed not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Texas. These Terms and Conditions are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, the Site, or the Services shall be settled by binding individual arbitration in Houston, Texas. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The party seeking to initiate arbitration must notify the adverse party in writing of a Demand for Arbitration. If the parties cannot mutually agree on an acceptable arbitrator within twenty days after the adverse party has received the Demand for Arbitration from the initiating party, the parties shall submit a joint-request for arbitration to the American Arbitration Association ("AAA"), and shall allow the AAA to select the arbitrator. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a panel of three arbitrators each experienced in commercial contract disputes for at least seven (7) years and each having presided over at least five (5) previous arbitration matters, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any potential arbitrator who is employed by or affiliated with a competing organization or entity thereby resulting in a conflict-of-interest. An award of arbitration may be confirmed in a court of the State of Texas, and in the event of non-compliance with the arbitration ruling, the prevailing party may seek to enforce the arbitration decision in the Texas courts.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU, ON THE ONE HAND, AND BENSON’S CANDLE CO, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY), WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE, THE MOBILE APPLICATION OR THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing provisions of this Section 28, (a) we shall be entitled to obtain injunctive relief and specific performance from any court of competent jurisdiction, for example, to stop you from using the Site, the Mobile Application or the Services in a manner that violates these Terms and Conditions, (b) you shall be entitled to bring an individual action in small claims court, and (c) you shall be entitled to bring other claims in a court of competent jurisdiction solely to the extent that such right may not be waived under applicable law.

SECTION 29 -  TIMING OF A CLAIM
ARBITRATION MUST BE INITIATED BY THE AGGRIEVED PARTY WITHIN ONE (1) YEAR OF THE ALLEGED CONDUCT THAT MAY GIVE RISE TO ANY CAUSE OF ACTION OR DISPUTED MATTER TO BE ARBITRATED THAT ARISES OUT OF OR IS RELATED TO THE SITE, MOBILE APPLICATIONS, SERVICES AND/OR THESE TERMS AND CONDITIONS. IF ARBITRATION IS NOT INITIATED WITHIN ONE (1) YEAR OF A DISPUTE OR CAUSE OF ACTION COMING INTO EXISTENCE, SUCH CAUSE OF ACTION CANNOT BE PURSUED AND IS PERMANENTLY BARRED FROM ARBITRATION AND LITIGATION.

SECTION 30 -  PREVAILING PARTIES
In the event of any action to enforce or interpret any provision of these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover, in addition to other costs, reasonable attorneys’ fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys’ fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).

SECTION 31 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us here.

 

FUNDRAISING SPECIFIC POLICY:

PLEASE READ TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAINS DISPUTE RESOLUTION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO ARBITRATION, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY ACCESSING ANY PORTION OF THE SITE OR ANY MOBILE APPLICATIONS, OR BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS FUNDRAISING POLICY. WE WILL INFORM YOU REGARDING ANY MODIFICATIONS BY EITHER NOTIFYING YOU VIA YOUR DESIGNATED EMAIL ADDRESS OR BY POSTING THE CHANGES ON THE SITE.

All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms and Conditions. We may revise this Fundraising Specific Policy without notice. Please review it carefully on a regular basis, as it may have changed since your last visit.

ORDER OF POLICIES
Our Terms and Conditions, the most recent version of which may be viewed on the Site (the "Terms and Conditions") and our Privacy Policy, the most recent version of which may be viewed on the Site (the "Privacy Policy"), are hereby incorporated into this Fundraising Specific Policy and made a part hereof. Please read our Terms and Conditions and Privacy Policy carefully, as the terms and conditions are subject to change.

SECTION 1 - FUNDRAISER CAMPAIGNS
Within our suite of services, we've developed a platform for fundraising ("Fundraising Service") enabling users to establish their own virtual stores or shop fronts ("Stores" or "Shops") and promote them via various online channels including social media. Benson’s Candle Co. reserves the prerogative to terminate any Fundraising Service at its discretion.

  1. OUR SERVICE PLATFORM:
    We offer a platform for the sale of goods, enabling Organizers to allocate a portion of sales proceeds to support Beneficiaries. Any disbursements to Beneficiaries related to Fundraising Services are considered contributions from Buyers toward the designated fundraising objective and are not construed as wages, premiums, annuities, compensations, remunerations, emoluments, or other forms of incentives or commissions for the Organizer. In each transaction, a segment is treated as a purchase from Benson’s Candle Co. (subject to sales tax where applicable), while the remainder is deemed a contribution to the designated Beneficiary for the fundraising purpose. We do not function as a broker, financial institution, creditor, or charitable organization. Information and content provided via our platform regarding fundraising are purely for informational purposes, and we do not warrant the accuracy, completeness, timeliness, or reliability of such information or content. None of the content should be construed as financial, legal, tax, or other professional advice. It is advisable to seek guidance from a qualified financial, legal, tax, or other professional advisor before making any decisions regarding sales and fundraising associated with our products. We do not oversee the actions or information provided by any Beneficiary, Organizer, or Seller. We do not assure a particular level of sales or any sales volume for any Beneficiary, Organizer, or Seller. Our endorsement of any campaign or cause is explicitly stated in writing, and we make no explicit or implicit guarantee regarding the accuracy of information provided through our Services, including information from Beneficiaries, Organizers, or Sellers. We explicitly disclaim any liability or responsibility for the outcome or success of any campaign. As a Buyer, it is your responsibility to assess the value and suitability of contributing to any campaign. However, we take allegations of illegal activity and misuse of raised funds seriously. If any Beneficiary, Seller, or Buyer suspects that an Organizer is not utilizing raised funds for their stated purpose, we encourage them to report the issue to our team for investigation.

Schools and School Districts Acknowledgment:  By utilizing Benson’s Candle Co.’s platforms for school-based fundraising activities, Organizers, Beneficiaries, and Sellers acknowledge and agree that, for schools and school districts obligated to adhere to the Family Educational Rights and Privacy Act (FERPA), Benson’s Candle Co. neither collects nor accesses "education records" or "directory information" as defined under FERPA. Furthermore, Benson’s Candle Co. is not categorized as a "community-based organization" subject to certain FERPA consent and disclosure requirements. Consequently, Benson’s Candle Co. does not engage in separate agreements with schools or school districts aimed at imposing obligations on Benson’s Candle Co. to safeguard education records or address FERPA's consent and disclosure mandates pertaining to education records or directory information.

  1. ORGANIZER / POINT OF CONTACT (POC):

An organizer ("Organizer") or Point Of Contact ("POC") is a duly authorized individual entrusted with accessing and managing campaign details and/or beneficiary information. The beneficiary refers to an entity that has granted the Organizer authorization to act on its behalf in the collection of funds ("Beneficiary"). In certain instances, the Beneficiary and the Organizer may coincide, provided that Organizers are not construed as service providers, contractors, or agents of Benson’s Candle Co. Furthermore, payments received by Beneficiaries are not to be construed as wages, premiums, annuities, compensations, remunerations, emoluments, or commissions to the Organizer. Payments disbursed to Beneficiaries through the Fundraising Service originate from contributions made by Buyers for the stated fundraising objective, constituting a segment of each transaction. Organizers may be obligated to furnish verification details regarding Beneficiaries to confirm the organization's legitimacy and/or certify that funds remitted by Benson’s Candle Co. to Organizers will be transmitted to the designated Beneficiary. Failure on the part of the Organizer to provide such information may result in tax reporting obligations. For illustrative purposes, an Organizer could be a team parent, coach, team manager, choir (or other) program director, or a parent entrusted with organizational responsibilities. Organizers can establish an organizer account on the platform enabling them to incorporate a Seller into their Organizer Account and modify their Seller profiles, encompassing names and addresses ("Organizer Account"). By acknowledging the terms outlined in the Organizer’s Acknowledgement below, the Organizer affirms its authorization by a Beneficiary to conduct fundraising activities on its behalf and acknowledges and accepts that Benson’s Candle Co. bears no responsibility for disbursing funds to any Beneficiary.

Organizers Acknowledgement: By engaging as an Organizer, you affirm, assure, and commit to the following: (i) all information provided in relation to an Organizer or Beneficiary, whether by yourself, an agent, or through artificial intelligence, is accurate, comprehensive, and devoid of any potential to mislead Buyers, with a commitment to promptly updating as necessary to ensure Buyer understanding of fund utilization and other pertinent campaign details; (ii) all contributions made to your campaign will be utilized exclusively in accordance with the materials you disseminate or present as the foundation for your fundraising efforts; (iii) if you are an individual acting as a representative for a Beneficiary, you certify and guarantee that you possess authorization from the Beneficiary to solicit funds on their behalf and utilize the Beneficiary’s name and trademark(s) in any fundraising endeavors; (iv) any proceeds received in connection with Fundraising Services, designated for a Beneficiary, will be promptly remitted to said Beneficiary, with failure to do so potentially incurring tax reporting obligations; (v) you will refrain from infringing upon the rights of others; (vi) you are not engaged as a service provider, independent contractor, or agent of Benson’s Candle Co., and any proceeds received are designated for a Beneficiary for the stated fundraising purpose, distinct from wages, premiums, annuities, compensations, remunerations, emoluments, or other forms of personal incentives or commissions; (vii) adherence to all relevant and applicable laws and financial reporting obligations, encompassing registration, tax reporting, political contributions, and asset disclosures pertinent to your campaign.

If you utilize the Services as an agent of a charity to raise funds, you assert and warrant that: (a) you serve as a duly authorized representative of the charity, empowered to solicit funds for the charity and bind it to these Terms and Conditions; (b) funds are being raised for a charitable cause or activity that complies with all applicable federal, state, territorial, and local laws and regulations; (c) all contributions will be exclusively utilized for the purpose explicitly stated in connection with your campaign, with no deviation permitted; (d) your charity maintains tax-exempt status as required by applicable law, such as the Internal Revenue Code in the United States; and (e) if your charity operates within the United States, it is duly registered with the IRS tax-exempt organization database.

  • FOREIGN (NON-U.S.) ORGANIZATIONS:
    At our discretion, we will choose to work with foreign organizations outside of the United States in accordance with our Terms and Conditions, fraud, and logistical considerations.
  1. SELLERS:
    A seller ("Seller") is a user and campaign participant who sells products through Benson’s Candle Co. Site by creating a Seller account ("Seller Account") and an associated Store. For illustrative purposes, a Seller may be a team member, student, parent, or guardian. Each Seller must be associated in our records with an Organizer. An Organizer may also be a Seller. Each Seller may create and maintain only one Seller Account. Creating multiple Seller Accounts, using aliases or proxy Seller Accounts, or engaging in similar conduct designed to conceal a Seller’s true identity or to enable a Seller to transact business with Benson’s Candle Co. under more than one Seller Account is strictly prohibited. A Seller may create and manage the associated Store and Seller Account on the Site. A Seller shall have no claims against us with respect to an Organizer’s handling of sale proceeds or Payout (as defined below).

Sellers Acknowledgement: As a Seller, you affirm, warrant, and commit to the following: (i) all information provided in relation to a Beneficiary or Organizer, whether directly, through a representative, or via artificial intelligence, is truthful, comprehensive, and devoid of any potential to mislead Buyers, with a commitment to timely updates ensuring Buyer understanding of fund utilization and pertinent campaign details; (ii) all contributions to your campaign will be utilized solely in accordance with the materials you present as the basis for your fundraising efforts; (iii) if you serve as an individual representative for a Beneficiary, you assure that you possess official authorization to act on behalf of the Organizer; (iv) you will respect the rights of others and refrain from infringement; (v) you will adhere to all relevant laws and financial reporting obligations, encompassing registration, tax reporting, political contributions, and asset disclosures relevant to your campaign.

If you utilize the Services as an agent of a charity to raise funds, you assert and warrant that: (a) you act as an authorized representative of the charity, empowered to raise funds and bind the charity to these Terms and Conditions; (b) fundraising activities for the charity align with all applicable federal, state, territorial, and local laws and regulations; (c) all contributions will be utilized exclusively for the stated purpose of your campaign, with no deviation permitted; (d) your charity maintains tax-exempt status as required by applicable law, such as the Internal Revenue Code in the United States; and (e) if your charity operates within the United States, it is duly registered with the IRS tax-exempt organization database.

  1. BUYERS:
    A buyer ("Buyer") is any user who purchases products from a Store or the Site in connection with the Fundraising Service. As described further below in Section 3(b), a portion of each Buyer purchase is treated as a purchase of products from Benson’s Candle Co. (for which sales tax may apply) with the remaining portion treated as a contribution to the Beneficiary designated by the Organizer or Seller for the stated fundraising purpose. A Buyer may also be a Seller, an Organizer or both. Buyers must be able to make payments from an account in the United States and to accept shipments at an address in the United States. Benson’s Candle Co. cannot and will not accept payments from outside of the United States or ship goods outside of the United States unless preauthorized as stated in Section 1B(i) above.
  2. PROHIBITED CONDUCT:
    The subsequent examples outline User Content and/or actions that are prohibited and potentially illegal. This list is not exhaustive, and we retain the right to investigate individuals who, at our discretion, breach any terms or the ethos of this Fundraising Policy and the Terms and Conditions. Moreover, we reserve the unrestricted right to remove offending User Content, suspend or terminate the accounts of violators, cease payments to any such Organizer, freeze or hold Payouts, and report individuals to law enforcement authorities or pursue suitable legal recourse, including seeking restitution on behalf of ourselves and/or our users. Our protocol for resolving account freezes or holds is detailed below in "Account Ban and Appeals Policy & Procedure". 
    In addition, you agree not to employ the Services to:

(i) Engage in the following fundraising activities with implicit or explicit purposes involving:

  1. Violation of any law, regulation, industry requirement, or third-party agreements, including those of payment card providers and transaction processors utilized with the Services;
  2. Political campaigns, including seeking election to public office, referenda, ballot initiatives, or similar endeavors;
  3. Fraudulent, misleading, inaccurate, dishonest, or unfeasible content or campaigns;
  4. Illegal, prohibited, or enjoined drugs, narcotics, steroids, controlled substances, pharmaceuticals, or similar products or therapies; legal substances mimicking illegal drugs; or products, medical practices, or related equipment found by regulatory bodies to cause consumer harm;
  5. Knives, explosives, ammunition, firearms, or other weaponry or accessories;
  6. Annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking, pyramid schemes, "get rich quick schemes," network marketing and referral marketing programs, debt collection, or crypto-currencies;
  7. Gambling, gaming, or any other activity with an entry fee and a prize, including casino games, sports betting, fantasy sports, lotteries, raffles, auctions, or ventures facilitating gambling, games of skill or chance, promotions involving monetary rewards, or sweepstakes;
  8. Campaigns supporting or legally defending alleged crimes related to hate, violence, harassment, discrimination, terrorism, or intolerance of any kind;
  9. Activities involving countries, regions, governments, persons, or entities subject to economic sanctions under applicable law without express governmental authorization;
  10. Funding ransom, human trafficking or exploitation, vigilantism, bribes, or bounty;
  11. Pornography or other sexual content;
  12. Offensive, graphic, perverse, or sensitive content;
  13. Sale of items before the Seller has control or possession;
  14. Collection of payments on behalf of merchants or bypassing designated payment methods;
  15. Credit repair or debt settlement services;
  16. Receipt or grant of cash advances or lines of credit for purposes other than those explicitly stated in the campaign;
  17. Publication or removal of content causing or raising concerns of reputational harm;
  18. Sale or resale of services without added benefit to the buyer;
  19. Resale of government offerings without authorization or added value;
  20. Aggregation of funds owed to third parties, factoring, or obfuscating the origin of funds;
  21. Counterfeit licensed materials without proper authorization;
  22. Products or services facilitating infringement upon the intellectual property or proprietary rights of third parties;
  23. Unauthorized sale or resale of brand name or designer products;
  24. Sale of goods or services illegally imported or exported;
  25. Engaging in transactions with known or suspected erroneous, suspicious, or fraudulent payments;
  26. Collecting or providing funds for purposes other than those described in the campaign;
  27. Supporting individuals and/or entities associated with alleged financial crimes;
  28. Any other activities deemed unacceptable at our sole discretion.

(ii) Transmit or upload content that:

  1. Infringes upon the intellectual property or proprietary rights of any party;
  2. You lack the right to upload under any law or contractual or fiduciary relationships;
  3. Contains software viruses or any other computer code designed to interrupt or limit functionality;
  4. Poses privacy or security risks;
  5. Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities, or solicitations;
  6. Is deemed objectionable or harmful by us.

(iii) Interfere with servers or networks connected to the Services or disobey network requirements or regulations.

(iv) Harvest or collect contact information of other users without consent.

(v) Raise funds for a minor without explicit permission from the minor’s parent or legal guardian unless funds are transferred into a trust account for the minor’s sole benefit.

Furthermore, with regard to all payments made or accepted through the Services, you agree:

  1. Not to make or accept payments known or suspected to be erroneous, suspicious, or fraudulent.
  2. Not to use the Services for the benefit of sanctioned entities or persons.
  3. To maintain reasonable security measures for information transmitted through the Services.
  4. To retain electronic records related to campaigns and Payouts as necessary for compliance verification.
  5. To fully cooperate in audits or investigations upon request.

We reserve the right to refuse, condition, or suspend any transactions believed, at our sole discretion, to violate terms or harm the interests of our users, partners, the public, or us. Information related to your use of the Services may be shared with financial institutions, regulatory authorities, or law enforcement agencies as required by law. If you encounter a freeze or hold on your account or suspect one, you can contact us here. Please note that requested payment changes may extend the Payout period.

SECTION 2 - PROCEDURES

Within the scope of the Fundraising Service:

  1. The Organizer will be furnished with a unique Event code for dissemination to potential Sellers. These Sellers will employ the Event code to initiate a Store. Subsequently, upon Store activation, Sellers will circulate the Store link among potential Buyers for product purchases.
  2. Your provided information will be utilized to: (i) administer your account; (ii) offer customer support to you and your contacts; (iii) process payments for purchases; (iv) uphold our Terms and Conditions; and (v) manage our business operations.
  3. Your information may also be divulged:

(i) In response to legal mandates such as subpoenas, court orders, or governmental requests; for the establishment or exercise of legal rights; defense against legal claims; or as necessitated by law. In such instances, we reserve the option to raise or waive any available legal objection or right.

(ii) When we deem disclosure necessary in the pursuit of investigating, preventing, or addressing illegal activities, suspected fraud, or misconduct; safeguarding and defending the rights, assets, or safety of our company, users, employees, or others; complying with legal requirements or aiding law enforcement efforts; or enforcing our terms, agreements, or policies.

  1. Your contacts will not be shared, sold, utilized, or distributed for communication purposes beyond facilitating the Fundraising Service, unless we offer you an opportunity to opt out of such sharing.

 SECTION 3 – PAYMENTS

  1. BUYER PAYMENTS FOR PRODUCTS:
    If you are a Buyer, you agree to pay in full the prices (and all applicable taxes and shipping and handling fees) for any purchases you make either by credit / debit card concurrent with your online order or by other payment means acceptable to us. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase through the Site may be subject to additional terms and conditions presented to you at the time of such purchase.
  2. OUR PAYMENTS:
    i. Process. A Buyer purchases products online, either through the Site or the Mobile Application, from a Seller’s Store and remits payment to Benson’s Candle Co. for the products’ item price, any applicable taxes, and any applicable shipping and handling costs. Benson’s Candle Co. will ship the products to the Buyer. Benson’s Candle Co. is responsible, where required, for submitting any collected sales tax to the applicable tax collection agencies. Benson’s Candle Co. will pay a percentage of the purchased products’ item price (which, for the avoidance of doubt, does not include any taxes, shipping and handling costs, or other fees) (the "Payout") to the Organizer responsible for the Seller’s Store where Buyer made the purchase.
  3. Payment Details. We remit payment of the Payout to the Organizers by 1) ACH Transfer or 2) Written check.  We do not send payments by any other means.  We reserve the right to, and have full discretion to, assign a subsequent or backup Organizer to the Organizer Account if for any reason the original Organizer is no longer able to serve the role of Organizer including the inability to perform fundraising Payout obligations. In the case of fundraising account re-assignment, all potential backup Organizers shall be subject to identity authentication and authorization verification, which may include at a minimum, verification that the backup Organizer is an authorized member, employee, representative or agent of the Beneficiary with initial verification based on authorization and authentication evidenced on organization letterhead, and email address domain verification, and identification verification based on personal identification contained in government issued identification such as driver’s license or passport number. You hereby authorize Benson’s Candle Co. or any successor provider to originate credit transfers to your financial institution account by ACH and deduct the transaction fees. Beneficiary, Organizer and Seller acknowledge and agree the Benson’s Candle Co. has no further responsibility to how the funds are used after a Payout is made to the Organizer. Any transfers of payments among Organizers and Sellers are entirely the responsibility of the Organizers and Sellers and is subject to their separate agreement(s) with each other, to which Benson’s Candle Co. is not a party. For example, Organizers that receive payments on behalf of Sellers are solely responsible for crediting such funds to the Sellers. Benson’s Candle Co. is not responsible or liable for any such transfers or credits or lack thereof. Benson’s Candle Co.’s responsibility with respect to any Payout ends with the payment of the Payout to either the applicable Organizer.


iii. Disputes. If an Organizer or a Seller disputes any payment of a Payout, limited to an Organizer’s claims that: (1) a payment was owed but not paid, or : (2) a Payout was not paid in full, the Organizer or Seller must notify Benson’s Candle Co. of the dispute in writing within six (6) months of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Organizer, Seller, Beneficiary, payment amount, payment due date, and an explanation of any alleged discrepancies. All such notices and potential resolutions of disputes and/or claims will be subject to the time limitations set forth in Section 29 of the Terms and Conditions.

Except as stipulated otherwise in this Fundraising Specific Policy, Benson’s Candle Co. will not mediate or resolve any disputes between Beneficiaries, Organizers, or Sellers pertaining to proceeds generated on our platform. In the event of a dispute with a Beneficiary, Organizer, Seller, or any third party, we encourage you to engage directly with the involved party to seek resolution. Benson’s Candle Co. will refrain from evaluating the merits of factual disputes or legal matters between Beneficiaries, Organizers, or Sellers unless expressly stated otherwise in this Fundraising Specific Policy. Furthermore, by utilizing our platform, you release Benson’s Candle Co. from any claims, demands, or damages arising from disputes with Beneficiaries, Organizers, Sellers, or any other third party, including those involving other users or parties.

  1. CHARGE-BACKS: In cases of charge-backs, returns, Buyer-initiated payment cancellations, disputed credit/debit card charges, voided transactions, insufficient funds, or similar occurrences where we are not fully compensated ("Buyer Non-Payment"), we reserve the right to treat the transaction as void and deduct any outstanding amounts from the Seller’s Store and/or the Organizer’s sales. Additionally, if funds have been disbursed to the Organizer or Seller in anticipation of Buyer payment and the payment is a Buyer Non-Payment, the Seller Account may reflect a negative balance to be offset against future sales.
  2. BUYER RETURNS: Buyers must cancel orders prior to shipment and within twenty-four (24) hours of purchase. For damaged or contaminated goods, please contact us here within fourteen (14) days of delivery. Claims beyond this period will not obligate us to refund or replace the product. EXCEPT AS STATED HEREIN, REFUNDS ARE NOT ISSUED, AND RETURNS ARE NOT ACCEPTED.
  3. PAYOUT TIMING: Although Benson’s Candle Co. endeavors to make Payouts promptly available, you acknowledge that: (i) Payouts may not be immediately accessible; (ii) we do not guarantee specific time frames for Payout availability; (iii) we reserve the right to directly remit Payouts to applicable Sellers if the Organizer fails to withdraw funds within sixty (60) days, or is unable or unwilling to accept payment; and (iv) we disclaim any responsibility for delays in Payouts or your inability to access them at specified times, and any resulting consequences.

SECTION 4 - GOVERNMENT & CHARITY FUND RAISING

Our fundraising platform operates as a turn-key, one-size-fits-all solution, offering swift and effective fundraising services tailored to a diverse array of organizers, including private clubs, schools, non-profits, local municipalities, and state or federal government agencies. As a standardized platform, Benson’s Candle Co. does not engage in customized agreements beyond our standard terms of service with organizers. This approach is adopted to mitigate any appearance of conflicts of interest and uphold ethical standards. Consequently, private entities such as businesses, non-profit organizations, teams, clubs, as well as public entities like schools, school districts, local municipalities, and state or federal government agencies, bear the responsibility of ensuring that their fundraising and charitable endeavors align with applicable local, state, and federal laws, regulations, and rules. BENSON’S CANDLE CO. DISCLAIMS ANY RESPONSIBILITY FOR ORGANIZERS’ COMPLIANCE WITH REGULATORY OBLIGATIONS IMPOSED BY LOCAL, STATE, AND FEDERAL LAWS, REGULATIONS, AND RULES.

SECTION 5 - TRANSACTION HISTORY

Transactions and login sessions may be logged and tracked by us and information about their transactions may appear publicly in the "Recent Buyers" section or other sections of bensonscandleco.com By using the Site, you consent to such tracking and public disclosure of your use of the Site, Mobile Application, Services, transactions and purchases.

SECTION 6 - ANTI-BULLYING

You consent not to utilize our Site, Mobile Application, and/or Services (including, but not limited to, the chat function) for the purpose of bullying others. Should you encounter instances of bullying, we urge you to promptly report them to us. The most effective defense against bullying is to understand its signs and how to address it. Consider the following tips:

- If you perceive an immediate threat, contact your local authorities.

- Seek assistance and support from a person of trust.

- Preserve evidence by printing or taking a screenshot for potential future reference.

SECTION 7 - SITE RESTRICTIONS

At our discretion and without prior notice or liability, we reserve the right to suspend, terminate, restrict, or otherwise impose limitations on Organizer accounts, Seller accounts, and/or Buyer accounts, as well as the use of the Site, Mobile Application, and the Services. Such actions may be taken for any conduct that we reasonably deem necessitates such measures, including but not limited to violations of terms, engagement in illegal activities, engaging in harmful or harassing behavior, or any other actions by users, Buyers, Sellers, or Organizers that impede Benson’s Candle Co. in providing efficient and effective services.

SECTION 8 - ELECTRONIC COMMUNICATIONS DISCLOSURES AND CONSENT

By providing your mobile phone number to Benson’s Candle Co., utilizing the Site or Services, and furnishing personal contact details to us, you (whether as a User, Buyer, Seller, Organizer, or otherwise) expressly authorize and consent to our contacting you through various means, including email, physical mail, text messaging, phone calls, and other channels, with no purchase required. Moreover, when supplying Benson’s Candle Co. with mobile phone numbers from your contact lists or community of potential buyers, you affirm and guarantee that you possess the owner's consent for the provision of such information. It remains your responsibility to ensure the accuracy of your personal contact information, including updates if you alter or deactivate your mobile phone number. You retain the option to opt out of communications by reaching out to us via email with "opt out" in the subject line, by responding "STOP" to any text messages from Benson’s Candle Co., or through the settings within the Mobile Application. For further assistance, reply "HELP" to any text message. For comprehensive information regarding your privacy preferences, please consult the Privacy Policy.

SECTION 9 - AMENDMENT OR CHANGES TO TERMS AND CONDITIONS

We reserve the right to modify, change, or add terms, or features of the Site at any time, and at our sole discretion. Any additional terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Site. To the extent any additional terms conflict with these Terms, the additional terms will control.

 

Account Ban and Appeals Policy & Procedure:

 A) Approach to Appeal or Address a Disputed Account Suspension

At Benson’s Candle Co., upholding the integrity of our platform is paramount, which is why we treat instances of fraud with the utmost seriousness. In cases where an account is flagged or banned due to suspected fraudulent activities, the following remediation or appeal process is in place:

  1. Notification: The account holder will receive an email notification from Benson’s Candle Co., detailing the reasons for the suspension or ban. 
  1. Review Request: The account holder has the option to request a review of the decision by replying to the email within 14 days from the date of notification. 
  1. Evidence Submission: In their reply, the account holder must provide any pertinent information or documentation that could support their case and refute the suspected fraudulent activity. 
  1. Investigation: Upon receipt of the appeal request, our security team will conduct a reassessment of the account, considering the newly submitted evidence. 
  1. Final Decision: Following a thorough review, Benson’s Candle Co. will communicate the final decision to the account holder. It's important to note that this decision is at the sole discretion of Benson’s Candle Co. and cannot be appealed further. 

This process is meticulously designed to ensure that all account bans or service refusals are valid, equitable, and devoid of errors.

 2) Reservation of Rights for Account Security

  • Benson’s Candle Co. retains the authority to freeze or ban any account, at its sole discretion, in response to security concerns or suspected fraudulent activity.
  • We adhere to stringent investigation protocols, which may encompass verifying the identity of account holders and validating the authenticity of financial transactions.
  • Account holders will receive notification in the event of any such actions, along with an explanation for the action taken.
  • As a testament to our dedication to upholding a secure and reliable platform, any account implicated in fraudulent or suspicious activity will be addressed promptly and decisively.  

3) Appeal Process and Reserved Rights

While Benson’s Candle Co. is committed to fostering an open and transparent platform, we must also prioritize the security of both our platform and its users. Consequently, we provide an appeal process for cases involving account freezes or bans.

  • Account holders are afforded the opportunity to appeal decisions concerning their account by submitting additional supporting evidence or information.
  • However, Benson’s Candle Co. reserves the right, at its sole discretion, to decline an appeal or to uphold a freeze or ban even following the appeal process.
  • This measure is implemented to maintain a high standard of security and safeguard the interests of our user community, thereby ensuring that our platform remains a trustworthy environment for online fundraising endeavors.
  • We continuously endeavor to strike a balance between user rights and platform integrity, and we sincerely appreciate your cooperation and understanding in this matter.

If you or your account has been banned, please contact us here.

Last updated:  5/7/2024