MyCircles Refund Policy Requirements
Last updated: August 29, 2023
This website is operated by 13895807 CANADA INC. (O/A MyCircles), a Canadian Corporation registered under the Canada Business Corporation Act. Throughout the site, the terms “Company”, “we”, “us” and “our” refer to MyCircles. MyCircles’ Merchant Refund Policy Requirements details how refunds are made to Purchasers of events (“Host-friend”, “Friends and Family”, “Customers”) offered by Merchants on our platform for paid events (“Merchants”, “you”) including when we expect Merchants to issue refunds, based on the Merchant’s refund policy.
These requirements are in addition to the rights and obligations included within the Terms of Service and MyCircles Merchant Agreement by reference. Any capitalised terms not defined in these MyCircles Merchant Refund Policy Requirements will have the definitions provided in the Terms of Service and/or the MyCircles Merchant Agreement. If there is a conflict between these MyCircles Merchant Refund Policy Requirements, the MyCircles Merchant Agreement, and the Terms of Service, the following Order of Precedence will be followed: first, these MyCircles Merchant Refund Policy Requirements, then the MyCircles Merchant Agreement, and finally, the Terms of Service.
Refund Policies and Administration
1.1 Minimum Requirements
As a condition of providings goods and services on the MyCircles website, the Merchant shall provide a refund policy that will:
- Be posted on Merchant’s Landing Page and/or Circle(s);
- Be agreed to by Purchasers of a Circle during check-out;
- Comply with all applicable local, provincial, national and other laws, rules and regulations;
- Specify a “no refund” policy or conditions under which a refund will be provided, including when an event is cancelled, not fully performed, or postponed beyond a specified or reasonable time period;
- Comply with the conditions in 1.2 of the MyCircles Refund Policy Requirements even if there is a “no refund” policy;
- Provide instructions on how the refund will be made, either as a purchase price refund or a credit/accommodation which is equal or greater in value to the original purchase that was cancelled;
- Detail how a refund will be obtained, including specific instructions on how, when, and where to submit a refund request; and
- Specify the time frame within which refund requests will be honoured, the response time shall not exceed five (5) business days whether the Merchant agrees or not agrees to provide a refund, per the Merchant’s refund policy.
1.2 Conditions for Refund
A refund request made by Purchasers shall be fulfilled by the Merchant when it meets the refund policy posted by the Merchant. While the conditions of refund are determined by the Merchant’s refund policy, some guidelines that may trigger a refund request by the Purchasers are when:
- An event or Circle is not fully performed and there is a failure to provide the goods or services as advertised for that Merchant’s Circle, as reasonably expressed by the Purchasers;
- An event or Circle provided is significantly different from the actual event or Circle, as reasonably expressed by its Purchasers;
- The location for the Circle sourced by the Merchant (Merchant’s business location or third party location) is not adequate, safe or accessible to accommodate the attendees of the Circle, as expressed by its Purchasers;
- The Merchant engages in fraudulent activity or made any misrepresentations as related to a Circle, as determined by MyCircles;
- MyCircles determines that the Merchant is a Prohibited Merchant using the Services for prohibited usage, transactions and/or using Prohibited Content; and
- Any circumstances that are deemed harmful or dangerous to public interest and/or Purchasers at the discretion of the Company.
While the refunds described in Section 1.2 may be initiated by the Merchant, Purchasers or MyCircles, the Merchant remains solely responsible for all refund obligations.
2. No Guarantee or Insurance
While this MyCircles Refund Policy Requirements describes the guidelines for a Merchant to provide a refund to Purchasers, it does not obligate MyCircles itself to be the provider of the refund for the purchase price paid or for the MyCircles’ Fees paid by the Merchant, as related to the situations described herein.
However, the final decision for a refund of the purchase price of the Circle paid by Purchasers, including the amount of any refund, may be made by us at our sole discretion and shall be binding on both the Merchant and its Purchasers.
Finally, this MyCircles Merchant Refund Policy is not an agreement to insure or guarantee the performance of the Merchant’s goods or services, and does not guarantee that a refund will be issued by the Merchant in any described circumstance.