Townchest LLC - Group Participation Terms

Townchest Shopping for Good Program Group Participation Terms  

Welcome to the Townchest Shopping for Good Program! We’re excited to support the great work you and your group do within your community. These Group Participation Terms (“Group Terms”) are meant to help you understand your role when creating or managing a Group on the Townchest platform. Our goal is to make expectations clear, keep everyone safe, and ensure fundraising activities run smoothly for your Group and its supporters. 

This document outlines the responsibilities of Group Managers, how Groups relate to the Organization they are a part of, and the policies all Groups must follow while participating in the Program.  

Please take a moment to read through the information below. If you ever have questions about how something works, or what you can or cannot do within the Program, we’re here to help. By creating or managing a Group, you are confirming that you understand and agree to the terms described here and in the Organization Participation Agreement. We appreciate the time you’re investing and are grateful for the positive impact you help create in your community. 

These Group Terms are incorporated into and made part of the Organization Participation Agreement (“Participation Agreement”) and is a binding agreement between you (“Group Manager,” “you,” or “your”) and Townchest LLC (“Townchest,” “we,” “our,” or “us”). Any capitalized terms not defined here have the specific meaning given to them in the Participation Agreement. 

By creating, managing, or operating an Affiliated Group (“Group”) account on the Townchest platform, you agree to the following terms.  

Affiliation and Authority  

You represent and warrant that: 

• You are an authorized representative, employee, volunteer, or agent of the Organization under which you are registering the Group 

• The Group you create or manage is a legitimate internal subdivision, team, club, chapter, or other unit that forms part of the same legal entity as the Organization; and 

• You have the full authority from the Organization to create, operate, manage, and oversee fundraising activities on its behalf.  

You agree not to register or manage any Groups unless you have actual authority to do so. 

 

Relationship to the Organization  

You acknowledge and agree that: 

• The Group is not a separate legal entity from the Organization 

• All Payment Amounts earned through Group activities are legal property of the Organization; and 

• Townchest will remit all Payment Amounts directly to the Organization, and never to you personally or to any Group.  

Please note, the Organization must be eligible and registered as a Participating Organization, as described in the Participation Agreement in order for the Organization to receive Payment Amounts accrued by your Group.  

The Organization, not Townchest, is solely responsible for allocating or distributing Payment Amounts among its Affiliated Groups.  

 

Compliance with Program Policies, Organization Rules, and Applicable Law  

You agree to comply at all times with: 

• The Program Policies, which include without limitation: 
• Townchest Terms of Use; 
• Program Acceptable Usage Policy; 
• Program Content & Submissions Guidelines; 
• Townchest Privacy Policy; 
• Operational Documentation, which includes the Program Description Page; 
• And any additional documentation, restrictions, or requirements that Townchest makes available from time to time.  

• The Organization’s internal rules, polices, and governance requirements; 

• All applicable laws, including charitable solicitation laws, data protection laws, privacy laws, and school or nonprofit fundraising regulations. 

If your Group or affiliated Organization has access to or uses any student data, you further agree: 

• You will not upload, share, disclose, or use any protected student information in violation of the Family Educational Rights and Privacy Act (FERPA) or school district policy; 

•  You will only contact students, parents, or community members using approved communication methods and lists; 

•  You will not upload class rosters, student lists, parent emails, or similar information unless authorized to do so and only as permitted by law 

• You will comply with all anti-spam, parent communication, and school solicitation rules 

Townchest does not request and must not receive student education records. You, not Townchest, are solely responsible your compliance with any legal, organizational, or other requirements. 

 

Accurate Information and Non-Misrepresentation  

You agree that all information you provide regarding your Group, including its name, purpose, affiliation, and fundraising activities, will be true, accurate, and not misleading. You agree you will not misrepresent: 

• Your authority;  

• The relationship between the Group and the Organization;  

• The purpose of fundraising; or  

• How funds will be used by the Organization or the Group. 

 

Permitted Activities  

You may use the Program solely in accordance with the Participation Agreement, these Group Terms, and the Program Policies.  

You may not: 

• Use the Program for personal gain; 

• Create or manage groups or fundraisers for entities that are not part of an Eligible Organization 

• Engage in unauthorized solicitation; 

• Upload, share, or distribute unauthorized lists of students, donors, supporters, or community members; 

• Violate anti-spam, school district, or nonprofit fundraising laws 

• Circumvent any of your Organization’s internal policies that apply to your Group. 

Responsibility for Group Conduct  

You are responsible for ensuring that all individuals acting on behalf of your Group (“Group Members”) comply with these Group Terms, all Program Policies, and your affiliated Organization’s internal requirements.  

Townchest is not responsible for disputes, disciplinary issues, or internal governance matters related to Groups and their Group Members. 

Payments and Allocation of Funds  

All Payment Amounts earned by your Group are calculated by Townchest in accordance with the Operational Documentation. All Payment Amounts accrued by your Group will be credited to your affiliated Organization and will be remitted solely to the Organization subject to the terms of the Participation Agreement.  

If your Organization is not registered as a Participating Organization, Payment Amounts cannot be remitted until registration is complete. If the Organization does not register, accrued Payment Amounts may be disbursed to other Participating Organizations as provided in the Participation Agreement and Operational Documentation.  

Townchest will not remit Payment Amounts to you personally or to any third party. Townchest is not responsible for how Organizations allocate or distribute funds to their Affiliated Groups. 

Suspension or Termination  

Townchest may suspend or terminate your access to the Program, remove or disable the Group, or restrict your account if: 

• You violate these Group Terms or any Program Policy; 

• Your actions pose legal, compliance, reputational, or operational risk; 

• Your affiliated Organization notifies Townchest that your authority has changed; 

• Townchest determines such action is necessary to protect the Program. 

Termination of your access does not limit any other remedies Townchest may have under applicable law or the Organization Participation Agreement. 

Indemnification  

You agree to indemnify, defend, and hold harmless Townchest and its officers, employees, agents, and affiliates from and against any claims, losses, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from: 

• Your misuse of the Program; 

• Your misrepresentation of authority or affiliation; 

• Your violation of law or Organization policy; 

• Disputes between you, the Organization, or any Group. 

This indemnification does not apply where prohibited by state law. 

Entire Agreement  

These Group Terms, together with the incorporated Program Policies and the Participation Agreement, constitutes the entire agreement between you and Townchest concerning your role as a Group Manager and supersedes all prior understandings relating to the same subject matter.