Refund Policy

1. Introduction. Nearly all TheSympathyFund fundraisers are accurate and funds are delivered and used for their stated purpose. In the rare occurrence of misuse, the TheSympathyFund Guarantee (the “Guarantee” or “Policy”) ensures that donations and donors are protected. Most conflicts are not actual misuses of the TheSympathyFund Platform, and organizers work to answer questions and resolve donors’ and beneficiaries’ concerns quickly. But if your issue is not sufficiently addressed, then we are here to help.

2. For Donors. Donors may receive a refund (or other resolution as described below) when they make an online donation via the TheSympathyFund platform (“Platform”) to a Covered Fundraiser¹ and the organizer or beneficiary (if one exists) of the Covered Fundraiser commits a Misuse.

For purposes of this Policy, “Misuse” means any of the following:

  1. The organizer does not deliver funds to the Intended Beneficiary²(as defined below);
  2. The fundraiser’s content is inaccurate with respect to a material fact about the organizer, beneficiary, or purpose, which TheSympathyFund determines is the principal reason upon which a reasonable donor would rely in making a contribution; or
  3. Other deceptive conduct by the organizer or beneficiary that TheSympathyFund determines, in its sole discretion, warrants a full or partial refund.

If TheSympathyFund determines, in its sole discretion, that a Misuse has occurred, it may reimburse you the amount of your donation(s) submitted through the Platform (up to $1,000 per donor per fundraiser). If the Misuse arose from a failed delivery of funds to the Intended Beneficiary, we may also redirect your donation to the Intended Beneficiary in lieu of another remedy; please see Section 3 “For Beneficiaries,” below, for details.

All resolutions are decided by TheSympathyFund in its sole discretion, and all of its determinations are final.

Donor Exclusions. The following situations are excluded and do not give rise to benefits under this Policy:

  1. Seeking a refund for your donation to your own fundraiser;
  2. Seeking a refund for offline donations not transacted on the Platform;
  3. Regretting the donation;
  4. Personal disagreement with or dislike of the organizer or beneficiary;
  5. Disagreement with how an organizer or beneficiary uses funds raised in excess of the stated fundraiser goal at the time of your donation;
  6. Disagreement over the payment instrument or means by which the organizer or Intended Beneficiary will receive the funds;
  7. Undelivered offers, promises, rewards, or promotions made or offered by the organizer or beneficiary of the fundraiser;
  8. Donating to a fundraiser that has been removed for reasons other than Misuse;
  9. Donations to a charity; 
  10. Disagreement with TheSympathyFund for any reason; and/or
  11. 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.

3. For Beneficiaries. You may qualify for a contribution from TheSympathyFund when you are the Intended Beneficiary of a Covered Fundraiser, a Misuse has occurred in that the organizer failed to deliver to you funds raised by the Covered Fundraiser, and no exclusion exists.

In the event of Misuse, as determined in our sole discretion, we agree to send you the undelivered funds (up to $25,000 per beneficiary), exclusive of offline donations. Notwithstanding the foregoing, TheSympathyFund may elect, in its sole discretion, to refund donors in whole or in part in lieu of providing you with payment. All resolutions are decided by TheSympathyFund in its sole discretion, and all of its determinations are final.

Beneficiary Exclusions. The following situations are excluded and do not give rise to benefits under this Policy:

  1. Not receiving funds due to garnishment or other withholding;
  2. TheSympathyFund’s decision to designate a beneficiary, regardless of whether they are the fundraiser’s Intended Beneficiary;
  3. Disagreement over the payment instrument or channel through which you will receive your funds (for example, a check instead of electronic bank transfer);
  4. Your receipt of at least $25,000 in contributions from TheSympathyFund under this Policy in the prior 12 months;
  5. Fundraisers where you did not incur the expenses for which the fundraiser raised money; 
  6. Fundraisers where you are not the Intended Beneficiary, even if you incur expenses for which the fundraiser raised money;
  7. Allowing someone else to withdraw campaign donations;
  8. A personal disagreement with or dislike of the organizer or beneficiary; and/or
  9. A court order has directed delivery of a fundraiser’s donations to the Intended Beneficiary.

 4. Submitting a Claim. To make a claim under this Policy, you must meet the following criteria:

  1. You did not in any way cause, contribute to, participate in, or induce the Misuse, whether directly or indirectly;
  2. You notified the organizer of your concern, allowed at least 72 hours for the organizer to address your concern, used reasonable efforts to try to remedy the circumstances of the Misuse before submitting a claim (e.g. you may ask the organizer for evidence of proper use or distribution of the funds), and the organizer either failed to respond or refused your request;
  3. You fully completed the claim form and all subsequent requests for information for our evaluation and processing of your claim, including in most instances, providing evidence of the Misuse;
  4. You agree to fully cooperate with any investigation by TheSympathyFund or a law enforcement authority;
  5. You agree to notify TheSympathyFund if at any time you receive any communication or funds from the organizer; and 
  6. You agree that if you receive compensation for your claim from any person or entity other than TheSympathyFund (for example, you receive a refund from the organizer through a court proceeding), you will return to TheSympathyFund any such amount provided to you under this Policy.

If you are a donor submitting a claim under this Policy, you must meet all of the following additional requirements:

  1. 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;
  2. You submitted your claim within one year of your donation date; and 
  3. 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:

  1. You must be clearly identified by the fundraiser’s content as a beneficiary of the Covered Fundraiser;
  2. You must not have received all of the funds raised by the fundraiser, exclusive of refunds, offline donations, and any other applicable payment-processor or third-party fees;
  3. You submitted a claim within one year of the fundraiser’s creation date;
  4. You have reported the Misuse to your local law enforcement authority in the form of an official written report; and
  5. Upon TheSympathyFund’s request, you agree to return any contributed funds back to TheSympathyFund if the missing funds due to the Misuse are ultimately provided to you by any person or entity other than TheSympathyFund, including the organizer or pursuant to a court order.

 5. Abusive Claims. Abusive claims include but are not limited to the following:

  1. Filing excessive or duplicate claims;
  2. Misrepresenting facts or circumstances related to a fundraiser or donation, otherwise seeking payment under this Policy by way of fraud or deception, or contributing to or participating in deceptive conduct by any TheSympathyFund user (including donor, organizer and/or beneficiary);
  3. For donors, filing a chargeback after receiving a refund, filing a claim under this Policy after filing a chargeback, or initiating a payment or refund request using a fraudulent payment instrument; or
  4. Any claim for a fundraiser where you participated in, caused or induced the Misuse, whether directly or indirectly.

Users who file abusive claims are subject to consequences outlined in our Terms of Service. We reserve the right to investigate anyone through any means and to take appropriate action against anyone who, in our sole discretion, violates any of the terms or spirit of this Policy or the Terms of Service.

6. No Assignment or Insurance or Warranty. This Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by you, and you have not paid any premium in respect of the Policy. The benefits provided under this Policy are not assignable or transferable by you. This Policy is not a warranty against fraud or any other misuse of the Platform. We encourage you to donate only to organizers and beneficiaries you know and trust.

7. Modification or Termination. TheSympathyFund reserves the right to modify or terminate this Policy, at any time, in its sole discretion, and without prior notice. If we modify this Policy, we will post the modification on the TheSympathyFund website or provide you with notice of the modification and we will continue to process all claims made prior to the effective date of the modification.

8. Entire Agreement and Definitions. This Policy constitutes the entire and exclusive understanding and agreement between TheSympathyFund and you regarding the subject matter herein and supersedes and replaces any and all prior oral or written understandings or agreements between TheSympathyFund and you regarding your ability to claim or qualify for a refund or payment from TheSympathyFund.

9. TheSympathyFund’s Terms of Service. The terms of this Policy are hereby incorporated by reference into TheSympathyFund’s Terms of Service. In the event of conflict, the Terms of Service will take precedence over the terms of this Policy. Capitalized terms not otherwise defined herein shall have the meaning set forth in the TheSympathyFund Terms of Service.

10. Other Requirements. You agree that a certain minimum donation amount may apply to qualify for benefits under this Policy, and that all donation payments remain final and will not be refunded unless TheSympathyFund, in its sole discretion, agrees to issue a refund under the terms of this or other Policy. 

11. No Waiver. You agree that TheSympathyFund’s decision to grant benefits under this Policy does not constitute a waiver of its right to decline refunds, payments, or other benefits in the future for any reason in its sole discretion.

12. Questions. If you have any questions about this Policy, please contact us.