Last updated: January 3rd, 2022
Playground NY, Inc. (“we” or “Playground”) supports a worldwide marketplace of events so that you can participate, have fun and #PlayOn.
We want to make the Playground rules simple and clear, so you, the consumers of events (“Consumers”) have full disclosure of the terms of your purchase and know where those terms meet certain minimum requirements.
Playground has created the following refund requirements governing the refund policies (“Refund Policies” or each a “Refund Policy”) of creators of paid events (“Creators”) hosted on Playground (the “Creator 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.
1.1 Minimum Requirements.
We understand that Refund Policies vary depending on the type of event and the Creator. Because of that, we provide flexibility for Creators to post their own Refund 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) Refund Policies with “No refund” provisions are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements. “No refund” provisions of Refund Policies may be enforced only if the Creator substantively fulfills its obligations regarding the provision of goods or services, including hosting of events;
(c) all Refund Policies (including “no refund” policies) must provide for a refund or other accommodation through which the Creator will “make good” on its obligations to Consumers (1) for Creator’s failure to provide the advertised goods and services, or (2) for failure of the delivery of goods and services due to events outside of Creator’s control. If the Creator offers Consumers an event credit or other accommodation through which Creator 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 than the value of the ticket for the canceled event, and
ii. the Creator must clearly set forth, in writing, all terms applicable to such credit or other accommodation including the period in which such credit or other accommodation must be redeemed, and whether such limitations are permitted by applicable law (as to which Creator bears sole responsibility for compliance).
Further, in the event that Creator fails for any reason to honor a credit or other accommodation, Playground 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 Creator (to the extent that such sums can be collected by Playground and such refunds can be made by Playground);
(d) Refund Policies (including for cash refunds and for credit or other accommodation 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 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 Refund Policy in place at the time of purchase. For example, where a Creator has posted a Refund Policy under which refunds may be obtained if requested during a specified method or time period, such Creator may not transition to a “no refunds” policy with respect to any purchase already made at the time of such attempted transition. However, where a Creator has posted a “no refunds” policy, such Creator may transition to a policy that allows for refunds with respect to any purchase already made as of the time of such transaction;
(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, Playground may (but has no obligation to) modify such Refund Policy such that it meets these minimum requirements. Such modification may take the form of Playground proactively making changes to the Creator'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.