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Fundraiser Terms

Our Terms and Conditions, the most recent version of which may be viewed on the Site or through our Mobile Application (the "Terms and Conditions"), and our Privacy Policy, the most recent version of which may be viewed on the Site or through the Mobile Application (the "Privacy Policy"), are hereby incorporated into this Fundraising 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. To the extent of any conflict among this Fundraising Policy, the Terms and Conditions, and the Privacy Policy, the following shall govern and control in the following order: (a) the Privacy Policy, (b) this Fundraising Policy; and (c) the body of the Terms and Conditions.

As a part of the Services, we have created a fundraising service platform ("Fundraising Service") that allows users to set up fundraisers for not-for-profit organizations through our website. Upscale Smokes, Inc. reserves the right to discontinue any Fundraising Service at any time.

A Host (“Host”) is an authorized individual who establishes and manages the fundraiser information and/or information about the beneficiary of the fundraiser. The host must be able to provide 501c (3) documentation for companies in the U.S. Companies outside of the U.S. cannot participate in our fundraisers. The address for payment must be based in the U.S. Each fundraiser may have one Host. Each host will be provided with a fundraiser code to receive credit for fundraiser sales. This code can be provided to anyone for purchases but can only be used for the duration of each host fundraiser. The length of the fundraiser is determined by the host. The host will receive reports that display the use of the fundraiser code throughout the duration of the fundraiser. Upon the completion of the fundraiser, a final report will be provided along with the date the fundraiser check will be mailed to the provided address. We do not have successful fundraisers or any financial achievements. Upscale Smokes, Inc. does not endorse any company or cause unless formally stated in writing. Upscale Smokes, Inc. does not endorse tobacco usage for minors. If our platform is used for organizations that service and/or support minors, the promotion and sales for the fundraiser must be performed by adults of the legal age to consume or promote tobacco products.

As a part of the Fundraising Service:

1. The Organizer will receive a unique Event code to share with potential Sellers. Sellers will use this Event code when making purchases to receive credit toward the fundraiser. After the code is provided, Sellers share the code with potential Buyers to buy products from the site.

2. We will use the information you provide to manage your account; provide you and your contacts with customer support; process payment for any purchases made; enforce our Terms and Conditions; and manage our business.

4. We will not share, sell, use, or otherwise distribute the contacts or communicate with the contacts you provide us with other than for providing the Fundraising Service or if we give you an opportunity to opt out of having your information shared.

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 with your online order. Certain products that you purchase through the Site, or the Mobile Application may be subject to additional terms and conditions presented to you at the time of such purchase.

2. Our Payments

A. Process. A Buyer purchases products online, either through the Site or the Mobile Application, utilizing the appropriate fundraiser code, and remits payment to Upscale Smokes, Inc. for the products’ item price, any applicable taxes, and any applicable shipping and handling costs. Upscale Smokes, Inc. will ship the products to the Buyer. Upscale Smokes, Inc. is responsible, where required, for submitting any collected sales tax to the applicable tax collection agencies. Upscale Smokes, Inc. will pay twenty-five percent (25%) of all profits 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 Fundraiser where Buyer made the purchase utilizing the provided code.

B. Payment Details. Payments will be made in the form of a check directly to the Fundraiser’s 501c (3) business address shortly after the fundraiser has been completed.

C. Disputes. If an Organizer or a Seller disputes any payment of a Payout, including, without limitation, if an Organizer claims that payment was owed but not paid or that a Payout was not paid in full, the Organizer or Seller must notify Upscale Smokes, Inc. of the dispute in writing within one (1) month of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Organizer, Seller, fundraiser, payment amount, payment due date, and an explanation of any alleged discrepancies. If such notice is not timely provided, the dispute is deemed null and void and the Organizer and Seller waive any right to collect the alleged underpaid amount.

3. Claw-backs. Should any charge-backs, returns, Buyer-side payment cancellations, disputed credit card/debit card charges, voided transactions, insufficient funds/bank refusals to pay, or similar situations arise, where we are not fully compensated for our products or services ("Buyer Non-Payment"), we reserve the right to treat such transaction as void and deduct any uncollected amounts from the Fundraisers sales. In addition, if we have transmitted funds to the Organizer in anticipation of Buyer payment and the payment is a Buyer Non-Payment, the Fundraiser’s Account will reflect a negative balance to be deducted from future sales. See General Terms & Conditions for Return Policy.

We may, in our sole discretion, without notice or liability, suspend, terminate, limit, or otherwise restrict Organizer accounts, Seller accounts, and/or Buyer accounts, as well as the use of the Site, Mobile Application, and the Services for any conduct we reasonably determine warrants such suspension, termination or restrictions.

By providing Upscale Smokes Inc. with your mobile phone number, using the Site, the Mobile App, and/or Services, and by providing personal contact information, you expressly consent to and authorize us to contact you and to communicate with you via email, physical mail, text messaging, phone calls, and other means, no purchase required / no purchase necessary.

We reserve the right to modify, change, or add terms, or features of the Mobile Application or 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 Mobile Application or Site.  To the extent any additional terms conflict with these Terms, the additional terms will control.

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