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Eventbrite's Organiser Refund Policy Requirements

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Updated by Crista S.

Last updated: July 29, 2020 As a global marketplace of events of all shapes and sizes, Eventbrite understands the importance of providing a clean, well-lit platform where consumers of events ("Consumers") have full disclosure of the terms of their purchase and where those terms meet certain minimum requirements. For that reason, Eventbrite has created the following requirements governing the refund policies of organisers of paid events ("Organisers") hosted on Eventbrite (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.

NOTE: To learn more about Eventbrite's Legal Terms, take a look eblink{here=>https://www.eventbrite.co.nz/l/LegalTerms}.

1. Refund Policies and Administration

1.1 Minimum Requirements. We understand that refund policies vary depending on the type of event and the Organiser. Because of that, we provide flexibility for Organisers 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 Organiser will “make good” on its obligations to Consumers for failure to provide the advertised goods and services (e.g., event cancellation). If the Organiser is offering Consumers an event credit or other accommodation through which Organiser will “make good” on its obligations to Consumers in lieu of a purchase price refund, then (i) such credit or other accommodation must be of equal or greater value to the value of the ticket for the cancelled event, and (ii) such value and all terms applicable to such credit or other accommodation (including but not limited to the period in which such credit or other accommodation must be redeemed, if such limitations are permitted by applicable law (as to which Organiser bears sole responsibility for compliance) must be clearly communicated to the Consumers. Further, in the event that Organiser 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, Eventbrite 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 issue refunds to impacted consumer(s) and collect such sums directly from Organiser; (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 Consumers’ 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 Consumers in an equal or better position as they were under the policy in place at the time of purchase. For example, where an Organiser has posted a policy under which refunds may be obtained if requested in a specified method or time period, such Organiser 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 Organiser has posted a “No refunds” policy, such Organiser 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, Eventbrite 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 Organiser'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. 1.2 Refund Process. In order to initiate a refund request, Eventbrite instructs Consumers to contact the Organiser directly. If no contact information is listed, Eventbrite instructs the Consumer to use the contact the organiser button on the event page or such other information posted on the event page. Organiser 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 Consumer requests a refund and the Organiser does not respond by either refunding or denying the request after five (5) days, Eventbrite may, in its sole discretion, execute the refund on behalf of the Organiser and collect such sums directly from the Organiser. 1.3 Eventbrite Review. In the event that Organiser fails to (i) honor a refund that a Consumer believes is due under the applicable refund policy and/or the minimum requirements set forth above or (ii) deliver its promise to make good in connection with a credit or other accommodation issued to the Consumer, that Consumer may request that Eventbrite initiate a refund by contacting us. Eventbrite will review the facts and circumstances and determine at its sole discretion whether or not a refund is due in accordance with the applicable refund policy and the minimum requirements set forth above. Eventbrite will endeavor to complete its review within thirty (30) days of being contacted by the Consumer. Consumers should note that if an Organiser has selected a facilitated payment method such as PayPal® for an event, Eventbrite will not have control of the funds and Eventbrite will need the provider of the facilitated payment method to cooperate in order to obtain a refund, which may not happen. All determinations by Eventbrite 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 Organiser and Consumer.

2. No Insurance or Guarantee

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 Organiser and are not a guarantee that refunds will be issued in any given situation.

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