Klicket's Organizer Refund Policy Requirements
Last updated: Jan 13, 2024.
As a global marketplace for live experiences, Klicket, Inc. (“Klicket,” “we,” “us,” or “our”) acknowledges the significance of establishing transparent purchase expectations that are equitable for both event organizers and consumers utilizing our platform. Our "Organizer Refund Policy Requirements" delineate the minimum criteria governing the refund policies applicable to organizers of paid events ("Organizers," “you,” or “your”) hosted on Klicket, encompassing when we anticipate you to issue refunds, and the instances in which we may issue refunds on your behalf, irrespective of your established refund policy.
The rights and obligations enshrined in these Requirements complement and are integrated into the Terms of Service and Merchant Agreement through cross-reference. Capitalized terms not explicitly defined in these Organizer Refund Policy Requirements will assume the definitions provided within the Terms of Service or the Merchant Agreement. In the event of any inconsistency or conflict among these Organizer Refund Policy Requirements, the Merchant Agreement, and the Terms of Service, the subsequent Order of Precedence will be observed: firstly, these Organizer Refund Policy Requirements, followed by the Merchant Agreement, and lastly, the Terms of Service.
1). Refund Policies and Administration
1.1 Minimum Requirements.
We acknowledge the diversity in refund policies, contingent on the nature of the event and the Organizer. We afford organizers the flexibility to articulate their own policies concerning Your Klicket Events, provided they adhere to the ensuing minimum prerequisites:
(a) Refund policies must be conspicuously displayed on the relevant event page;
(b) “No refund” policies are permissible, yet they must be unambiguously labeled as such and must otherwise conform to these minimum requirements (including the mandated exceptions warranting refunds, signifying they must account for the “Specified Refunds” detailed below);
(c) Refund policies (comprising “no refund” policies) must encompass a provision for a refund or an alternative accommodation to fulfill your obligations to your Consumers for the circumstances delineated in Section 1.2 Specified Refunds below. If you opt to offer your Consumers an event credit or an alternative accommodation to fulfill your obligations to them, instead of a purchase price refund, then:
- said credit or alternative accommodation must be of equivalent or superior value to the ticket's value for the canceled event, and
- Its value and all terms associated with such credit or alternative accommodation (inclusive of, but not limited to, the redemption period, if permitted by applicable law, for which you assume sole responsibility for compliance) must be clearly communicated to your Consumers.
(d) Refund policies (comprising cash or credit refunds) must adhere to all pertinent local, state, provincial, national, and other governing laws, regulations, including all requisites imposed by Card Schemes or Alternative Payment Frameworks;
(e) Refund policies must furnish specific guidance on the process for obtaining a refund, encompassing the means, timing, and location for submitting a refund request;
(f) Retroactive amendments to refund policies are impermissible, unless such alterations result in placing affected Consumers in an equal or superior position compared to their circumstances under the policy in force at the time of purchase;
(g) Refund policies must establish a defined timeframe within which refund requests will be acknowledged, not to exceed five (5) business days for an initial response; and
(h) Refund policies must, in general, uphold fairness and reasonableness.
Should a refund policy fail to be posted or meet the abovementioned minimum requirements, we reserve the right (though not the obligation) to adjust said refund policy to conform to these stipulated minimum requirements. Such modifications may encompass the prospective alteration of your published refund policy on the relevant event page or the retroactive application of said adjustments in case of a dispute, chargeback, and/or refund request.
1.2 Specified Refunds.
(a) Your refunds policy must encompass provisions for refunds in the subsequent scenarios:
• The event is canceled or otherwise not executed; or
• The event is postponed and not rescheduled within 360 days following the postponement.
The refunds delineated in Section 1.2(a) must be initiated by you. In the event we undertake such refunds on your behalf, we may utilize funds from your account, whether related or unrelated to the event, or send you an invoice directly to finance these refunds.
(b) Irrespective of your publicly stated refund policy, you are obligated to address all refund requests within five (5) business days and to issue refunds to ticket purchasers in the following additional circumstances:
• an event, for which we determine the provision of advertised goods and services failed, including our assessment that the primary advertised experience or component of your event was not delivered as promised;
• The event description presented to a Consumer at the time of purchase materially deviates from the actual event;
• Attendees are unable to attend the event due to your inadequate planning for capacity, ingress, or egress, or if attendance would jeopardize Consumer safety;
• The refund request is consistent with your stated refund policy; or
• You provide an event credit for use during a designated redemption period but fail to execute an event eligible for said credit during said redemption period.
The refunds expounded in Section 1.2(b) must be initiated by you. Nevertheless, as a limited payments agent, we possess the discretion, but not the obligation, to administer such refunds on your behalf in the event of your failure to do so. We may utilize funds from your account, whether related or unrelated to the event, or send you an invoice directly to finance these refunds.
(c) Furthermore, should we determine that a refund is warranted in the ensuing circumstances, we maintain the option (though not the obligation) to issue these refunds on your behalf, utilizing funds from your account, whether related or unrelated to the event, or invoicing you directly:
• You provide explicit consent for the refunds;
• You fail to respond to a refund request within five (5) business days by either issuing a refund or denying the request;
• We determine that specific orders warrant a refund based on your publicly stated refund policy;
• We determine that your event contravenes our Terms of Service or Community Guidelines;
• We believe that a refund is mandated by applicable local, state, provincial, national, or other legal requirements or the Payment Scheme Rules;
• We deem that the refund request, if unfulfilled, would result in a Chargeback that is more likely than not to be decided against us;
• You neglect to display a refund policy on the relevant event page, and we determine that a refund is justifiable under the circumstances;
• You default on honoring a credit or accommodation;
• We ascertain that specific orders are fraudulent (e.g., transactions conducted with stolen credit cards or other fraudulent means);
• We conclude that the order is a duplicate;
• We find evidence of fraudulent activity or misrepresentations by you;
• We discern a substantial risk of your non-compliance with regard to the relevant event or future events;
• We anticipate a substantial volume of complaints, refund requests, transaction reversals, and/or Chargebacks related to a significant number of orders;
• We determine that you are a Prohibited Merchant, have employed the Services for processing Prohibited Transactions, or for managing Prohibited Events; or
• We ascertain that not effecting the refunds would expose us to legal liability.
The refunds delineated in this Section 1.2(c) may be implemented by us. Nevertheless, you continue to bear exclusive responsibility for all refund obligations and must reimburse us in accordance with the terms specified in the Merchant Agreement and these Organizer Refund Policy Requirements for any refunds executed on your behalf.
All refunds elucidated in Section 1.2(a), Section 1.2(b), and Section 1.2(c) collectively constitute “Specified Refunds.”
2). No Insurance or Guarantee
These Organizer Refund Policy Requirements do not impose an obligation on Klicket to issue refunds in connection with the situations outlined herein or any other scenarios. Nor do they obligate Klicket to refund Event Proceeds or Klicket Fees. All determinations made by us with respect to these Organizer Refund Policy Requirements, including, but not limited to, the orders eligible for refunds and the refund amounts, shall be exercised at our sole discretion and shall be conclusive and binding on both you and your Consumers. These Organizer Refund Policy Requirements are not intended to create an offer to insure or guarantee the performance of any Organizer and do not assure refunds in any given circumstances.
Should you require further clarification or have inquiries, please do not hesitate to reach out to us.