“A HOLE MATTERS” Terms and Conditions
Your use of “A HOLE MATTERS” mobile app, website and platform (referred to collectively as the “Services” in this document), whether as a guest or a registered user, is subject to the following legal terms and conditions, which are effective and binding between you and “A HOLE MATTERS”.
Use of “A HOLE MATTERS” website includes accessing, browsing, or registering to use “A HOLE MATTERS” crowd fundraising platform. Please read these terms and conditions carefully before you start to use “A HOLE MATTERS” website. If you do not wish to be bound by these terms and conditions, you should not continue to use or access “A HOLE MATTERS” or use any other of the Services
In order to use the Services, you must first agree to the Terms. By using “A HOLE MATTERS”, you confirm that you accept the Terms and that you agree to comply with them. If you do not agree to the Terms, you must not use “A HOLE MATTERS” and its Services.
For the steps you need to take to register your fundraisers or make a financial contribution for any existing personal or charity (U.S. registered 501c3 nonprofits only) fundraisers with “A HOLE MATTERS”, please see our FAQs.
Changes to the Terms
“A HOLE MATTERS” reserves the right to alter or replace the Terms, or to change, suspend or discontinue the Services at any time, by posting on the Site or by sending you an email. You agree that “A HOLE MATTERS” may limit the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms periodically for changes, as they are binding on you. You agree that in continuing to use the Services following the posting of any changes to the Terms such continued use constitutes acceptance of those changes.
You agree to use “A HOLE MATTERS” and its Services responsibly and legally and not to use the Services for any purpose that is prohibited by the Terms. The Services are provided solely for your use in relation to fundraising on the Site or through your play of golf. You are responsible for all of your activity in connection with the Services.
Under the Terms you are prohibited from taking any action in relation to your use of the Services which:
- infringes any patent, trademark, copyright, right of publicity or other such right of any other person or entity or violates any law or contractual duty;
- is false, misleading or inaccurate;
- is obscene, offensive, or unlawful in any way;
- constitutes spam, junk mail or advertising which has not been authorized in writing by “A HOLE MATTERS”;
- results in software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful interfering with, damaging or destroying the proper function of the Services; or
- impersonates any person or entity, including any employee or representative of “A HOLE MATTERS”.
Additionally, you agree not to:
- take any action that imposes or may impose (as determined by “A HOLE MATTERS” in its sole discretion) an unreasonable or disproportionately large load on “A HOLE MATTERS” (or its third party providers’) infrastructure;
- engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including (but not limited to) attacking or hacking the Site.
- access (or attempt to access) any of the Services by any means other than through the interface that is provided by “A HOLE MATTERS”, unless you have been specifically allowed to do so in a separate agreement with “A HOLE MATTERS”. You specifically agree not to access (or attempt to access) any of the Services through any automated means and agree not to run any form of spam or auto-responder on the Services.
- harrass or bully any user, member or subscriber of “A HOLE MATTERS”
If you breach this provision, you may be committing a criminal offence. “A HOLE MATTERS” will report any such breach to the relevant law enforcement authorities and “A HOLE MATTERS” will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
“A HOLE MATTERS” does not guarantee that any Content will be made available on or through the Services. “A HOLE MATTERS” has no obligation to monitor the Services or Content. However, “A HOLE MATTERS” reserves the right to remove, edit or modify any Content in its sole discretion from the Services at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if “A HOLE MATTERS” is concerned that you may have violated the Terms). “A HOLE MATTERS” reserves the right to suspend, remove and ban any registered account including any fundraisers associated with the accountholder without any advanced notice if “A HOLE MATTERS” deems it to be in violation of its Terms. “A HOLE MATTERS” may not be used to raise funds to support any illegal activities, political campaigns, or any cause/person/organization/entity that it is involved in any such activities. “A HOLE MATTERS” has the right to subjectively suspend, remove or ban any fundraisers without notice if it deems it inappropriate.
“A HOLE MATTERS” will enforce its Terms to the best of its ability and will report to the appropriate authorities if it finds any of its registered subscribers creating fake fundraisers to scam or con donors. “A HOLE MATTERS” will cooperate fully with authorities on any criminal investigation they are conducting to prosecute offenders.
In order to use, you are required to create “A HOLE MATTERS” account and select a password and “user name”. You shall not:
- create or use as a user name the name of another person with the intention of impersonating that person;
- use as a user name a name which is subject to any rights of a person other than you without appropriate authorisation; or
- use as a user name a name which is offensive or inflammatory as deemed by “A HOLE MATTERS” in its sole discretion.
“A HOLE MATTERS” reserves the right to refuse registration of or to cancel a user name in its sole discretion and to disable any user name or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of the Terms. You agree not to use another user’s account without such other user’s express permission.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You must not disclose this information to any third party. If you become aware of any unauthorized use of your password or of your account, you agree to notify “A HOLE MATTERS” immediately by email at email@example.com.
Accordingly, you agree that you are solely responsible for all activities that occur under your account.
“A HOLE MATTERS” shall not be liable for your interactions with any fundraisers created on our platform or mobile app or any other Services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on “A HOLE MATTERS”. “A HOLE MATTERS” does not exercise control over the timings or performance of fundraisers in any way; does not warrant that donations will be used for any particular purpose; and is not responsible for any dissatisfaction you may have regarding Fundraising Administrators’ of fundraisers including any misuse of funds donated. “A HOLE MATTERS” is not responsible for any damage or loss incurred as a result of any such dealings in relation to the fundraisers or otherwise. All dealings are solely between you and individuals or organization as the case may be.
“A HOLE MATTERS” is under no obligation to become involved in disputes between Fundraising Administrators of Fundraisers or Donors (individuals donating to a fundraiser) or between site members and any third party. In the event of a dispute, you agree not to pursue “A HOLE MATTERS”, its officers, employees, agents or successors in relation to any claims arising out of or related to such disputes and agree that “A HOLE MATTERS”, its officers, employees, agents and successors are exempt from and not subject to such claims.
Fundraising Administrators are administrators of the fundraisers they created and are solely responsible for fulfilling obligations both implied and stated in any fundraiser they create. “A HOLE MATTERS” reserves the right to remove a fundraiser from the Services and cancel all associated donations at the time for any reason. “A HOLE MATTERS” is not responsible for issuing refunds for funds that have been collected by Fundraising Administrators.
Fundraising Administrators may be required to set up accounts with our payment vendor in order to withdraw their funds and must follow our payment vendors terms and conditions to ensure receipt of funds.
Funds raised for U.S. nonprofit organizations that have been designated by the IRS as 501c3 must be mailed to the nonprofit to ensure they receive the appropriate receipts for tax deductions. Nonprofits can set up their accounts directly on “A HOLE MATTERS” to ensure they can received their funds directly from the Fundraising Administrator of the fundraiser. “A HOLE MATTERS” is not responsible in keeping or providing receipts for the Fundraising Administrator on nonprofit donations.
Payments and Fees
“A HOLE MATTERS” does not, at any time, receive or hold any monies intended for Fundraising Administrators. All funds are collected for Fundraising Administrators by a third-party payment vendors including WePay and Stripe.“A HOLE MATTERS” is not responsible for the performance or fairness of any payment vendor, and “A HOLE MATTERS” is not responsible for any fees associated to using any of these vendors. Given the occasional failures of some credit cards, “A HOLE MATTERS” cannot guarantee the full receipt of the funding target.
“A HOLE MATTERS” charges fees for fundraisers upon withdrawal of the funds by the Fundraising Administrator (see our Pricing page for details). If your fundraiser does not reach its goal, you may still withdraw the amount raised. Fundraisers created have a maximum date range of 60 days from the date the fundraiser is created. There are no extensions past 60 days for any fundraisers that have been created. Fundraising Administrator of fundraisers that have reached 60 days on our platform MUST withdraw the funds associated with their fundraiser within 7 days of the expiration of the fundraiser. If they do not withdraw their funds within 7 days, their account may be deactivated and they may not be able to retrieve or withdraw their funds.
“A HOLE MATTERS” charges a fee upon withdrawal of the funds, in addition to the fees charged by our vendors. This fee is dependent on the size of donations and may change over time. Please visit our vendors’ payment fees and our pricing page for more details.
Although refunds are unlikely, Fundraising Administrators are responsible for any refunds to their donors concerning their fundraisers will do so if our payment vendors or any relevant entity such as a court of law deems that a refund is necessary, the Fundraising Administrator assumes the responsibility for all fees and refunds as appropriate and will deal directly with the payment vendor they uses in such cases as required to ensure the issue is resolved. You can access our vendor partners payment terms and conditions by visiting the following links:
Third party websites
The Services may contain links to other websites or resources on the Internet, and other websites or resources may contain links to the Site. You acknowledge that “A HOLE MATTERS” is not responsible or liable for the content or any aspect of such third party websites and you use them at your own risk. The fact that “A HOLE MATTERS” provides links to certain third party websites does not in any way constitute endorsement of or association with such websites by “A HOLE MATTERS”. Furthermore, you acknowledge and agree that “A HOLE MATTERS” shall not be responsible or liable for any damage or loss caused by your use of any such website or resource.
Linking to the Site
You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage “A HOLE MATTERS”’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on “A HOLE MATTERS” part where none exists. The Site must not be framed on any other site. “A HOLE MATTERS” reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content requirements set out in these Terms. If you wish to make any use of content on the Site other than that set out above, please email firstname.lastname@example.org.
You acknowledge that all Content which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated.You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by those who provide Content to “A HOLE MATTERS” (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by “A HOLE MATTERS” or by the owners of that Content, in a separate agreement.
“A HOLE MATTERS” reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any part of the Services. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that “A HOLE MATTERS” has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which “A HOLE MATTERS” may suffer) by doing so. In particular, “A HOLE MATTERS” will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Site.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the Terms. You warrant that any such contribution does comply with the Terms, and you will be liable to “A HOLE MATTERS” and indemnify “A HOLE MATTERS” for any breach of that warranty. This means you will be responsible for any loss or damage which “A HOLE MATTERS” suffers as a result of your breach of warranty. No Content is intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Site.
The views expressed by other users on the Site do not represent “A HOLE MATTERS” views or values.
Content License from “A HOLE MATTERS”
“A HOLE MATTERS” gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content provided to you by “A HOLE MATTERS” as part of the Services. This license is for the sole purpose of enabling you to use the Services as provided by “A HOLE MATTERS”, in the manner permitted by the Terms. Use, reproduction, modification, distribution or storage of any part of the Services (including any Content) other than for personal, non-commercial use is expressly prohibited without prior written permission from “A HOLE MATTERS”. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any part of the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by “A HOLE MATTERS”, in writing.
Unless “A HOLE MATTERS” has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use, or obligations in relation to, the Services.
Content License from You
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through “A HOLE MATTERS”. By submitting, posting or displaying the Content you give “A HOLE MATTERS” a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on, or through, the Services. This license is for the sole purpose of enabling “A HOLE MATTERS” to display, distribute and promote the Services through any channel including news media outlets, social media networks, email marketing, etc. You understand that “A HOLE MATTERS”, in performing the required technical steps to provide the Services to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit “A HOLE MATTERS” to take these actions. You confirm and warrant to “A HOLE MATTERS” that you have all the rights, power and authority necessary to grant the above license.
Other than the limited license set out above, “A HOLE MATTERS” acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with “A HOLE MATTERS”, you agree that you are responsible for protecting and enforcing those rights and that “A HOLE MATTERS” has no obligation to do so on your behalf.
It is “A HOLE MATTERS”’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminate the accounts of repeat infringers. “A HOLE MATTERS” also has the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy. You must not reproduce our logo or any other of our intellectual property without our express written permission.
If you wish to make an inquiry or report a copyright infringement, you can do so by contacting us at email@example.com.
You agree to “A HOLE MATTERS” (and others permitted by “A HOLE MATTERS” to act on its behalf) doing the following in connection with the provision of the Services:
- using and performing the Services on your behalf (including but not limited to displaying, and promoting the Content together with any other such information as is required in order for the Services to function effectively);
- allowing others to use Content as part of the Services; and
- publishing, and permitting others to publish, the name(s), trademarks, and details of you and the other Fundraising Administrators involved in your Projects.
You hereby agree to “A HOLE MATTERS” using, and displaying as appropriate, your trademarks, logos or similar proprietary rights solely in connection with the Services. None of the above affects your ownership rights in relation to Content you upload onto the Site.
“A HOLE MATTERS” reserves the right to terminate your account or restrict access to all or any part of the Services at any time without notice or cause and such termination and/or restriction will be effective immediately. This may result in the forfeiture and destruction of all information and/or Content associated with your membership. If you wish to terminate your account at any time, please contact us by email at firstname.lastname@example.org. “A HOLE MATTERS” will then terminate your account, and remove your information from the Site, as soon as reasonably possible. When the supply of the Services to you is terminated, for whatever reason, certain legal rights, obligations and liabilities that you and “A HOLE MATTERS” have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to have full force and effect. These include (but are not limited to) your obligations in relation to conduct, content, intellectual property rights, payment and indemnification, and “A HOLE MATTERS” rights in relation to payment, content, intellectual property rights, warranty disclaimer, limitation of liability and indemnification. The “General Legal Terms” section near the end of this document shall also continue to have full force and effect.
You agree and acknowledge that “A HOLE MATTERS” has no special relationship with or fiduciary duty to you. You acknowledge that “A HOLE MATTERS” cannot control, nor has it any obligation to act in relation to:
- the way in which you utilize the Content;
- what Content you access via the Site;
- the impact the Content may or may not have on you;
- which users gain access to the Site; or
- what actions you may take as a result of having been exposed to the Content.
You agree that “A HOLE MATTERS” is not liable for you having acquired or not acquired Content through the Site. “A HOLE MATTERS” does not guarantee that the Site, or any Content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. “A HOLE MATTERS” may suspend, withdraw, discontinue or change all or any part of the Site without notice. “A HOLE MATTERS” will not be liable to you if for any reason the Site is unavailable at any time or for any period. The Services are provided "as is" and "as available" and are without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. “A HOLE MATTERS”, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Site, or any Content on it, will be free from errors or omissions; (c) the Content on the Site is accurate, complete or up-to-date; (d) any defects or errors will be corrected; (e) any content or software available at or through the Services is free of viruses or other harmful components; or (f) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
In the event that any action you take in relation to the Services constitutes an infringement by you or anyone else using your account of any intellectual property rights whatsoever, or constitutes defamation or the abuse of another user’s privacy, or if you are a Fundraising Administrator and you fail to make any refund which should be made resulting in “A HOLE MATTERS” suffering reputational or other damage, and such action results in claims, liabilities and expenses relating to such action, you shall defend, indemnify and hold unaccountable “A HOLE MATTERS”, its employees, directors, investors and all other parties associated with “A HOLE MATTERS” from such claims, liabilities and expenses including its holding company, Intensifire Media LLC. This means you will be responsible for any loss or damage which “A HOLE MATTERS” suffers as a result of any such action. “A HOLE MATTERS” reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate fully with “A HOLE MATTERS” in asserting any available defenses.
Limitation of Liability
Nothing in these Terms excludes or limits “A HOLE MATTERS” liability for death or personal injury arising from “A HOLE MATTERS”’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by U.S. law.
Whether you are a Fundraising Administrator or a Donor, you agree not to use the Site for any commercial or business purposes, and “A HOLE MATTERS” has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
“A HOLE MATTERS”, Intensifire Media, investors and any other parties associated with “A HOLE MATTERS” are not responsible for any loss or damage that is not foreseeable. “A HOLE MATTERS” shall not be liable for any damage whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site;
- use of or reliance on any Content displayed on the Site;
- data loss, cost of procurement of substitute goods or services, substitute goods or services (however arising); or
- a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
Electronic notification policy
By using the Services, you consent to receiving from “A HOLE MATTERS” all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Additionally, “A HOLE MATTERS” reserves the right to contact Fundraising Administrator by phone should a problem arise with their fundraiser. “A HOLE MATTERS” may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of both the Site and the Services.
If you wish to make an inquiry or complaint, you can do so by contacting “A HOLE MATTERS” by email at email@example.com.
Terms which apply to Fundraising Administrators only
“A HOLE MATTERS” acts as an intermediary between you and Donors and other users of the Site. When you register a Fundraiser with “A HOLE MATTERS”, you represent, warrant and undertake to “A HOLE MATTERS” and all users of the Site that:
- you are of legal age to enter into a binding agreement
- you are the person with ultimate responsibility for the Fundraiser (or are otherwise acting with the express authority of that person or charity);
- you will apply all donors’ financial contributions to the person, business, entity, charity, etc. that you are raising funds for
- you will not offer securities or equity in return for your financial contributions
- you will not misuse any financial contributions by your Donors
- you will set up a WePay or Stripe account (depending on your currency) and comply with all associated terms and conditions
General legal terms
You agree that “A HOLE MATTERS” may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
“A HOLE MATTERS” may transfer its rights and obligations under the Terms to another organization, but this will not affect your rights or “A HOLE MATTERS”’s obligations under the Terms.
You agree that if “A HOLE MATTERS” does not exercise or enforce, or delays in exercising or enforcing, any legal right or remedy which is contained in the Terms (or which “A HOLE MATTERS” has the benefit of under any applicable law), this will not be taken to be a formal waiver of “A HOLE MATTERS”rights and that those rights or remedies will still be available to “A HOLE MATTERS” (and does not mean that you do not have to comply with your obligations). This contract is between you and “A HOLE MATTERS”. A person who is not a party to the Terms has no right to rely on or enforce any of the Terms.
Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. “A HOLE MATTER” is privately funded and operated by Intensifire Media LLC.