Refund Policy Requirements for Organizers

Tixify understands the importance of providing a clean, well-lit platform where attendees to events ("Attendees") have full disclosure of the terms of their credit purchase and where those terms meet certain minimum requirements. For that reason, Tixify has created the following requirements governing the refund policies of organizers using the Tixify Platform to process RFID Cashless Payments (the "Refund Policy Requirements").

The rights and obligations contained in these Refund Policy Requirements are in addition to and are incorporated into the Terms of Service by reference.

We understand that refund policies vary depending on the type of event and the Organizer.

Because of that, we provide flexibility for Organizers to post their own policies with respect to their events, so long as they meet the following minimum requirements:

(a) Refund policies must be posted on the applicable event page;

(b) “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;

(c) Refund policies (including “no refund” policies) must provide for a refund or other accommodation through which the Organizer will “make good” on its obligations to Attendee for failure to provide the advertised goods and services (e.g., event cancellation). If the Organizer is offering Attendees an event credit or other accommodation through which Organizer will “make good” on its obligations to Attendees in lieu of a purchase price refund, then

Further, in the event that Organizer fails for any reason to honor a credit or other accommodation, including without limitation by failing to hold the event(s) for which such credit or other accommodation was redeemed, Tixify shall be entitled to exercise all rights granted to it under Section 4.4 of the Merchant Agreement, including but not limited to the right (but not the obligation) to seek to issue refunds to impacted Attendee(s) and collect such sums directly from Organizer to the extent that such refunds can be made by Tixify;

(d) Refund policies (including cash or credit refunds) must comply with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Form of Payment Frameworks (each as defined in the Merchant Agreement);

(e) Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;

(f) Refund policies may not be changed retroactively or to otherwise impact Attendees’ entitlement to relief in connection with purchases made prior to the date of such change and its posting to the applicable event page, unless such changes operate to place impacted Attendees in an equal or better position as they were under the policy in place at the time of purchase. For example, where an Organizer has posted a policy under which refunds may be obtained if requested in a specified method or time period, such Organizer may not transition to a “No refunds” policy with respect to any purchase already made at the time of such attempted transition. However, where an Organizer has posted a “No refunds” policy, such Organizer may transition to a policy that allows for refunds with respect to any purchase already made as of the time of such transition;

(g) Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and

(h) Refund policies must otherwise be fair and reasonable.If a refund policy is not posted or does not meet these minimum requirements set forth above, Tixify may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the Organizer's posted refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.

In order to initiate a refund request, Tixify instructs Attendees to contact the Organizer directly. If no contact information is listed, Tixify instructs the Attendee to use the contact the organizer button on the event page or such other information posted on the event page.

Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth in Section 1.1 above.

When a Attendee requests a refund and the Organizer does not respond by either refunding or denying the request after five (5) days, Tixify may, in its sole discretion, execute the refund on behalf of the Organizer and collect such sums directly from the Organizer.

In the event that Organizer fails to honor a refund that a Attendee believes is due under the applicable refund policy and/or the minimum requirements set forth above ordeliver its promise to make good in connection with a credit or other accommodation issued to the Attendee, that Attendee may request that Tixify initiate a refund by contacting us.

Tixify will review the facts and circumstances and determine at its sole discretion whether or not a refund is due from the Organizer in accordance with the applicable refund policy and the minimum requirements set forth above.

Tixify will endeavor to complete its review within forty-five (45) days of being contacted by the Attendee. Attendees should note that if an Organizer has selected a facilitated payment method such as PayPal® for an event, Tixify will not have control of the funds and Tixify will need the provider of the facilitated payment method to cooperate in order for the Attendee to receive a refund from Tixify, which may not happen.

Assuming all other criteria are met, Tixify also must be able to successfully complete the refund to the Attendee’s payment card account used for the underlying purchase.

In the event that the Attendee’s credit or debit card issuing bank declines the refund, Tixify may not be able to complete the refund to the Attendee.

All determinations by Tixify with respect to these Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Attendee.

These Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.