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Last Updated on 23rd June 2020
TICTEQ GUARANTEE POLICY
1. Introduction.Nearly all campaigns on Ticteq are successful and funds are distributed and used for the specified intent. The Ticteq Guarantee (the "Guarantee" or "Policy") guarantees that donations are secured in the unlikely event of abuse if campaign funds are not delivered to the intended beneficiary or donors are deceived by a campaign organizer or beneficiary. Some issues are not real Ticteq Project misuses, and campaign leaders are working rapidly to address questions and overcome the concerns of donors and beneficiaries. So if your question isn't answered enough, then we're here to help.
2. For Donors. Donors may receive a refund (or other resolution as described below) when making an online donation to a Covered Campaign via the Ticteq Platform ('Platform'), and the Covered Campaign organizer or beneficiary (if any) commits a Misuse.
For purposes of this Policy, “Misuse” means any of the following:
The campaign organizer does not deliver funds to the Intended Beneficiary (as defined below);
The contents of the campaign are inaccurate with regard to a material fact about the organizer, beneficiary or campaign that induces a fair donor to make a donation to the campaign; or
The organizer or beneficiary of the campaign is formally charged with a crime which is directly related to their campaign actions, omissions and/or misrepresentations.
In the case of abuse as decided in our absolute discretion, we consent to I reimburse you for the value of your donation(s) made through the Portal (up to $ 1,000 per donor per campaign) or (ii) provide you with a reimbursable credit to another campaign for an equal donation. If the misuse resulted from a failure to distribute funds to the intended recipient, we can also redirect the contribution to the intended recipient; see Section 3 "For recipients" below for more information.
All resolutions are decided by Ticteq in our sole discretion, and all of our determinations are final.
Donor Exclusions. The following situations are excluded and do not give rise to benefits under this Policy:
Seeking a refund for your donation to your own campaign;
Seeking a refund for offline donations not transacted on the Platform;
Regretting the donation;
Personal disagreement with or dislike of the campaign organizer or beneficiary;
Disagreement with how a campaign organizer or beneficiary uses funds rose in excess of the stated campaign goal at the time of your donation;
Disagreement over the payment instrument or means by which the campaign organizer or Intended Beneficiary will receive the campaign funds;
Undelivered offers, promises, rewards, or promotions made or offered by the organizer or beneficiary of the campaign;
Donating to a campaign that has been removed for reasons other than Misuse;
Unrestricted donations to a charity;
Disagreement with Ticteq for any reason; and/or any reason not based on the documented, objectively held belief that a Misuse has occurred.
You may be able to receive a refund in some instances even if you do not qualify for benefits under this Policy. Please contact Ticteq with questions.
3. For Benefactors. When you are the intended beneficiary of a covered campaign, you may qualify for a contribution from Ticteq, you reside in a covered country, a misuse has occurred in that the organizer of the campaign has failed to deliver funds raised by the covered campaign to you, and no exclusion exists as described below.
In the case of Misuse, as determined in our sole discretion, we agree to send you the undelivered funds (up to $25,000 per recipient), excluding offline donations. Notwithstanding the above, there may be some instances in which circumstances may help us to reimburse donors in whole or in part instead of paying you. Under our absolute discretion, all decisions are determined by Ticteq, and all our determinations are conclusive.
Beneficiary Exclusions. The following situations are excluded and do not give rise to benefits under this Policy:
Not receiving funds due to garnishment or other withholding;
Ticteq’s decision to designate a beneficiary, regardless of whether they are the campaign’s Intended Beneficiary;
Disagreement over the payment instrument or channel through which you will receive your funds (for example, a check instead of electronic bank transfer);
Your receipt of at least $25,000 in contributions from Ticteq under this Policy in the prior 12 months;
Campaigns where you did not incur the expenses the campaign was intended to reimburse (e.g. if you did not incur the funeral/burial expenses);
Campaigns where you are not the Intended Beneficiary, even if you incur expenses the campaign was intended to reimburse;
Allowing someone else to withdraw campaign donations on your behalf;
A personal disagreement with or dislike of the campaign organizer or beneficiary; and/or
A court order has directed delivery of a campaign’s donations to the Intended Beneficiary.
4. Submitting a Claim. To make a claim under this Policy, you must meet the following criteria:
You did not cause, contribute to, or induce the Misuse, whether directly or indirectly;
You attempted to inform the campaign organizer of your concern, authorized the campaign organizer to fix your concern for at least 72 hours, and made fair attempts to try and resolve the Misuse circumstances before making a claim (e.g., you may ask the campaign organizer for proof of proper use or allocation of funds);
You have completed the application form and all subsequent requests for details for our evaluation and review of your petition, including the Misuse evidence in most instances;
You agree to cooperate fully with Ticteq or a law enforcement authority in any investigation;
You consent to inform Ticteq if the campaign organizer sends you any contact or funds at any time.
If you are a donor submitting a claim under this Policy, you must meet all of the following additional requirements:
You still own the payment instrument you used to make the donation at issue and are authorized to accept a funds transfer back onto that payment instrument;
You submitted your claim within one year of your donation date; and
You must not have already filed a chargeback nor received a refund for the same donation.
If you are a beneficiary submitting a claim under this Policy, you must meet all of the following additional requirements:
You must be clearly identified by the campaign’s content as a beneficiary of the Covered Campaign;
You must not have received all of the funds raised by the campaign, exclusive of refunds, offline donations, and any other applicable payment-processor or third-party fees;
You submitted a claim within one year of the campaign’s creation date;
You have reported the Misuse to your local law enforcement authority in the form of an official written report; and
Upon Ticteq’s request, you agree to return any contributed funds back to Ticteq if the missing funds due to the Misuse are ultimately provided to you by anybody other than Ticteq, including the campaign organizer or court order.
5. Abusive Claims. Abusive claims include but are not limited to the following:
Filing excessive or duplicate claims;
For donors, after obtaining a refund, making a petition under this Policy after filing a refund, or initiating a request for payment or refund using a fraudulent payment instrument; or
Any claim for a campaign where you caused or induced the Misuse, whether directly or indirectly.
Users who make false charges are subject to the penalties set out in our terms and conditions of service. We reserve the right to prosecute someone by any means, and to take punitive action against anyone who breaches any of the terms or intent of this Policy in our absolute discretion.
6. No Assignment or Warranty or Warranty. The Policy is not meant to be an insurance policy, does not be an insurance or insurance plan, does not take the place of insurance which you have received or purchased, and you have not paid any premium for the Policy. You are not assignable or transferable to the benefits offered under this Agreement. This Strategy is not the Platform's guarantee against fraud or other misuse. We urge you to contribute only to the promoters and beneficiaries of campaigns you know and trust.
7. Update, or Termination. Ticteq reserves the right, in its sole discretion and without prior notice, to amend or terminate this Policy at any time. If we modify this Policy, we will post the update on the Ticteq website or inform you of the update and we will continue to process all claims submitted prior to the effective date of the adjustment.
8. Entire Agreement and Definitions. This Policy constitutes the whole and exclusive agreement and arrangement between Ticteq and you on the subject matter herein and supersedes and replaces any and all previous oral or written agreements or agreements between Ticteq and you on your right to demand or apply for Ticteq's refund or payment.
9. Terms of Service for Ticteq. The terms of this Policy are integrated in Ticteq's Terms of Service by reference. The Terms of Service shall take precedence over the terms of this Policy in case of dispute. Capitalized terms not otherwise specified in the Ticteq Terms of Service shall have the definition set out therein.
10. Some Prerequisites. You accept that a certain minimum amount of donation may apply to qualify for benefits under this Policy, and that all donation payments remain final and will not be reimbursed unless Ticteq decides, in its absolute discretion, to grant a reimbursement under this or any other Policy.
11. No Waiver at all. You accept that Ticteq's decision to offer benefits under this Policy does not, for any reason of its absolute discretion, constitute a waiver of its right to refuse of potential refunds, compensation or other benefits.
12. Questions. If you have any questions about this Policy, please contact us.
13. Covered Campaigns are personal campaigns produced by Ticteq in every country that is funded. The Ticteq Guarantee does not cover Certified charity initiatives produced by the PayPal and the Ticteq Charity initiatives.
14. "Intended Beneficiary" means a person(s) or organization(s) other than the campaign organizer clearly defined in the content of the campaign and considered by a rational donor to be the intended beneficiary of the campaign funds for the purposes of this Policy.