Organizer Refund Policy Requirements

Engagement Mobile Strategies (“Engagement Mobile Strategies,” “we,” “us,” or “our”), as a global marketplace for live experiences, recognizes the importance of setting clear and fair purchase expectations for both event creators and consumers on Mobile Engage Pro (the “Product”). To ensure transparency and fairness, our Organizer Refund Policy Requirements establish the minimum standards for refund policies applicable to paid events organized through the Product. These requirements detail the circumstances under which we expect event organizers (“Organizers,” “you,” or “your”) to issue refunds, as well as situations where we may issue refunds on their behalf, irrespective of the organizer's stated refund policy.

These Requirements are an integral part of the Terms of Use and the Merchant Agreement, and are incorporated by reference. Any capitalized terms not explicitly defined in these Organizer Refund Policy Requirements will have the meanings assigned to them in the Terms of Use or Merchant Agreement. In cases where there is a conflict between these Organizer Refund Policy Requirements, the Merchant Agreement, and the Terms of Use, the following order of precedence will apply: (1) these Organizer Refund Policy Requirements, (2) the Merchant Agreement, and (3) the Terms of Use.

1. Refund Policies and Administration

1.1 Minimum Requirements.

We understand that refund policies can vary based on the type of event and the Organizer’s preferences. To accommodate this, we allow you to establish your own refund policies for your Mobile Engage Pro events, provided they adhere to 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 (including the required exceptions where refunds would be granted, meaning they must provide for the “Specified Refunds” described below);

(c) Refund policies (including “no refund” policies) must provide for a refund to your Consumers for the situations outlined in Section 1.2 Specified Refunds below.

(d) Refund policies must comply with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Card Schemes or Alternative Payment Frameworks;

(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, unless such changes operate to place impacted Consumers in an equal or better position as they were under the policy in place at the time of purchase; 

(g) Refund policies must set out a specific time frame within which refund requests will be responded to; and

(h) Refund policies must otherwise be fair and reasonable.

If a refund policy is not posted or does not meet these minimum requirements, we reserve the right (but are not obligated) to modify the policy to ensure compliance. Such modifications may involve updating your posted refund policy on the event page or retroactively applying changes in cases of disputes, chargebacks, or refund requests.

1.2 Specified Refunds.

(a) Your refunds policy must provide for refunds in the following situations:

  • the event is canceled or otherwise not fully performed; or

  • the event is postponed and not rescheduled within 90 days of the postponement.  

The refunds described in Section 1.2(a) must be initiated by you. In the event we make such refunds on your behalf, we may use funds in your account, from related or unrelated events or otherwise, or invoice you directly, to fund these refunds.

(b) Regardless of your posted refunds policy, you are required to respond to all refund requests within five (5) business days and to issue refunds in the following additional circumstances: 

  • an event for which we determine there is a failure to provide the advertised goods and services, including our determination that the main advertised experience or component of your event is not otherwise delivered;

  • the event description presented to a Consumer at time of purchase is significantly different from the actual event;

  • attendees are unable to attend the event due to your failure to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Consumer to safety concerns;

  • attendees are unable to access your event’s venue; or

  • the refund request is eligible for a refund, per your posted refund policy;

The refunds described in Section 1.2(b) must be initiated by you. However, as a limited payments agent, we are permitted, but not obligated, to make such refunds on your behalf in the event you fail to do so. We may use funds in your account, from related or unrelated events or otherwise, or invoice you directly, to fund these refunds.

(c) Additionally, in the event we determine a refund is warranted in the following situations, we may, but are not obligated to, issue those refunds on your behalf, using funds in your account, from related or unrelated events or otherwise, or by invoicing you directly:

  • you specifically authorize the refunds;

  • you fail to respond to a refund request by either refunding or denying the request;

  • we determine that specific orders should be refunded under your posted refund policy;

  • we determine that your event violates our Terms of Use or Community Guidelines; 

  • we believe that the refund is required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules;

  • we determine that the refund request, if not granted, will lead to a Chargeback that we are more likely than not to lose;

  • you fail to list a refund policy on the applicable event page and we determine that a refund would be reasonable under the circumstances;

  • we determine that specific orders are fraudulent; 

  • we determine that the order is a duplicate;

  • we determine that you have engaged in any fraudulent activity or made any misrepresentations;

  • we determine that there is substantial risk of your nonperformance with respect to the applicable event or future events;

  • we determine that you or we are likely to receive complaints, refund requests, transaction reversals and/or Chargebacks with respect to a substantial amount of orders; 

  • we determine that you are a Prohibited Merchant, have used the Services to process Prohibited Transactions or to manage Prohibited Events; or

  • we determine that failing to make the refunds would otherwise expose us to legal liability.

The refunds described in this Section 1.2(c) may be initiated by us. However, you remain solely responsible for all refund obligations, and you must reimburse us in accordance with the Merchant Agreement and these Organizer Refund Policy Requirements for any refunds that we make on your behalf.

All refunds described in Section 1.2(a), Section 1.2(b), and Section 1.2(c) shall collectively be referred to as “Specified Refunds.”

2. No Insurance or Guarantee

These Organizer Refund Policy Requirements do not impose any obligation on Engagement Mobile Strategies to issue refunds, whether for the circumstances described herein or otherwise. Additionally, we are not obligated to refund Event Proceeds or Mobile Engage Pro Fees. Any decisions we make regarding these Organizer Refund Policy Requirements—including, but not limited to, which orders may be refunded and the amount of any refund—are made at our sole discretion and are final and binding on both you and your Consumers.

These Requirements are not intended to act as an insurance policy or a guarantee of performance by any Organizer. Furthermore, they do not guarantee that refunds will be issued in any specific situation.