Effective Date: May 24, 2025
Governing Law: State of Delaware, United States of America

1. PURPOSE AND GOVERNING LEGAL FRAMEWORK

This Refund & Cancellation Policy (hereinafter, the “Policy”) is adopted and issued by Wimbo Au Pty Ltd, an Australian proprietary limited company duly registered under ACN 687 084 984, trading under the name “Wimbo” (hereinafter, “Wimbo” or the “Company”). This Policy governs the conditions under which Users of the Wimbo platform may request or receive refunds in relation to ticketed events and services facilitated through the platform’s proprietary technology and third-party payment gateway.

This Policy shall be deemed an integral, enforceable annex to the Company’s Terms of Use, forming part of the contractual relationship between Wimbo and all platform participants, and shall apply to all transactions, including but not limited to, purchases of event access, ticketing services, and associated digital goods.

The intent and application of this Policy are guided by principles of contractual certainty, commercial reasonableness, and statutory compliance under a multijurisdictional legal framework. The Policy is promulgated in alignment with and for compliance with the following legal instruments, each of which shall be considered instructive and, where applicable, binding:

1.1 International and National Legal Instruments:

• Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2), including:

  • § 18 (prohibition on misleading and deceptive conduct);

  • § 29 (false or misleading representations in trade or commerce); and

  • §§ 54–56 (statutory guarantees as to the provision of services);

• Directive 2011/83/EU on Consumer Rights (European Union), as implemented by Member States, establishing minimum harmonized standards for distance contracts and consumer withdrawal rights;

• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (United Kingdom), codifying consumer protections for online and digital sales and ticketing;

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) (Cal. Civ. Code §§ 1798.100 et seq.), insofar as the refund and cancellation of services relates to consumer rights in the context of personal data and commercial activity;

• Uniform Commercial Code (UCC) Article 2B (model law applicable to digital licensing and performance of software and services contracts), as persuasive authority where applicable;

• Principles of Private International Law, including the doctrine of mandatory overriding provisions, in recognition of jurisdiction-specific consumer protection regimes that may supersede choice-of-law provisions.

The governing law for this Policy shall be that of the State of Delaware, United States, without regard to its conflict-of-law rules, except where such designation is overridden by non-derogable consumer protection legislation applicable in the jurisdiction of the User.

2. SCOPE AND APPLICABILITY

2.1 Transactions Governed

This Policy governs all paid, ticketed transactions initiated or completed via the Wimbo mobile application, website, or related digital interfaces (hereinafter, the “Platform”), including but not limited to:

• In-person and virtual events hosted or promoted via the Platform;

• Social meetups, professional gatherings, or community-based experiences monetized through the Platform;

• Private or invitation-only engagements facilitated through Wimbo’s infrastructure;

• All associated purchases, whether for single tickets, subscription-linked events, or promotional access.

2.2 Legal Actors

This Policy applies equally to the following categories of legal actors (collectively, “Participants”):

• Consumers (Attendees): Natural persons who, in a private and non-commercial capacity, engage the Platform to purchase access to time-bound event services;

• Organizers (Hosts/Vendors): Natural or juridical persons who list, promote, manage, or administer events, and who assume obligations as professional service providers under applicable consumer law;

• Payment Intermediaries: Where funds are processed through Stripe Connect, such transactions are further governed by Stripe’s platform terms and any applicable intermediated fiduciary or escrow relationships established between Stripe, the Organizer, and Wimbo.

2.3 Territorial and Jurisdictional Reach

This Policy shall have extraterritorial application to all transactions processed on the Platform, regardless of the User’s place of residence or nationality, subject to:

• Mandatory jurisdictional consumer protection law (e.g., ACL, GDPR, CPRA, UK Regulations);

• Lex loci solutionis (law of the place of performance) where enforcement of refund obligations occurs outside Delaware;

• Public order exception doctrines where local law mandates minimum consumer rights that cannot be waived by contract.

Where a conflict arises between this Policy and a User’s domestic consumer rights framework, the more protective provision shall apply to the extent required by applicable law.

3. REFUND ELIGIBILITY FRAMEWORK

Refunds under this Policy are determined based on (i) the timing of the cancellation request, and (ii) the party initiating the cancellation either the Attendee (User) or the Organizer (Vendor). All refund determinations are made pursuant to the terms herein and are subject to platform logs, system timestamps, and relevant event metadata.

3.1 Standard Refund Matrix

All refund calculations are based on the net ticket price paid, exclusive of taxes, add-ons, or third-party promotional discounts. The 4% Wimbo service fee is categorically non-refundable under all circumstances and is retained to defray fixed administrative, transaction, and infrastructure costs.

3.2 Expedited Events – Less than Five (5) Days' Notice

Where an event is published and scheduled less than five (5) calendar days prior to its occurrence:

• Partial refunds (50%) may be permitted if the User cancels at least 48 hours prior to the event start time;

• No refunds shall be issued for cancellations made within 24 hours of the event start time.

All short-notice events are subject to heightened fraud screening and may require manual review prior to refund authorization.

4.METHOD AND TIMING OF REFUNDS

4.1 Refund Medium
All refund transactions are processed exclusively via Stripe Connect, the Company’s appointed and authorized third-party payment processor, and are returned to the original payment method used at the time of purchase. For regulatory, anti-fraud, and identity verification reasons:

• Wimbo does not issue cash refunds, manual bank transfers, or process refunds to alternative financial accounts;

• Refunds to prepaid cards or digital wallets may be subject to Stripe’s policies and local jurisdictional banking constraints.

4.2 Processing Timeframes
Once a refund is authorized by Wimbo or triggered automatically under this Policy, the disbursed amount will typically appear in the User’s financial account within five (5) to ten (10) business days, subject to:

• The settlement practices of the User’s issuing bank or card processor;

• The clearing delays or currency conversion times associated with international transactions;

• Completion of fraud prevention, AML (Anti-Money Laundering), or compliance screenings, where applicable.

Wimbo expressly disclaims all liability for delays or disruptions in refund settlement resulting from:

• Third-party system outages;

• National or regional bank holidays;

• Payment gateway error or force majeure events affecting financial institutions.

5. ORGANIZER-INITIATED CANCELLATIONS

In the event that an Organizer voluntarily cancels an event, or if Wimbo enforces a takedown or suspension for non-compliance, regulatory infraction, or Terms of Use violation:

• All registered attendees shall be automatically refunded the full ticket price, excluding the 4% non-refundable Wimbo platform fee;

• Refunds will be triggered upon cancellation and distributed via Stripe, subject to verification and applicable restrictions;

• Wimbo may, at its sole discretion, suspend or withhold disbursement of any remaining event proceeds to the Organizer pending audit, moderation review, or investigation into user complaints or systemic policy violations.

5.1 Recurrent or Abusive Cancellation Patterns
Wimbo reserves the right to impose corrective or disciplinary measures on Organizers who exhibit repetitive, negligent, or abusive cancellation behavior, including but not limited to:

• Temporary or permanent account suspension;

• Placement on a restricted or “blacklisted host” registry;

• Requirement of a pre-funded refund bond or escrow reserve prior to publishing future events;

• Legal referral for suspected fraud, misrepresentation, or breach of consumer law.

Such action shall be taken in accordance with Clause 11 (Suspension and Termination) of the Wimbo Terms of Use, and may be accompanied by further contractual remedies, including equitable relief and recovery of damages where applicable.

6. ESCROW STRUCTURE AND TRANSACTIONAL DEDUCTIONS

All ticket purchases made through the Wimbo Platform are subject to an escrow-based payment model administered via Stripe Connect, a regulated third-party payment processor. Funds are held in custodial escrow until the event is deemed successfully completed, either through automated platform triggers (e.g., time logs, RSVP confirmations) or Organizer validation.

6.1 Escrow Components and Fee Schedule

Notice: Deductions apply per ticket and are withheld from gross proceeds before disbursement to the Organizer. In the event of Organizer breach, disbursement may be delayed, suspended, or forfeited pursuant to Section 5.1.

Disbursements to Organizers shall be made only after the successful completion of the event and subject to:

• No unresolved refund disputes;

• No pending user reports;

• Confirmation of Organizer’s compliance with Wimbo’s Event Host Agreement and Terms of Use.

7. DISPUTE RESOLUTION AND REFUND REVIEW

Wimbo maintains a fair and structured mechanism to resolve refund disputes in a manner that aligns with platform integrity, consumer protection norms, and digital commerce principles.

7.1 Grounds for Dispute
A User may initiate a formal refund dispute by submitting a request in writing to help@wimbo.au within seventy-two (72) hours of the scheduled event conclusion, where one or more of the following conditions are present:

• The event was not held, was canceled without notice, or was materially inconsistent with the description presented on the Platform;

• Evidence of Organizer misconduct, including impersonation, harassment, discriminatory exclusion, or fraud;

• A technical failure occurred on the Wimbo Platform, such as:

  • Ticket issuance failure;

  • Payment confirmation error;

  • Data breach impacting ticket delivery or event access.

Requests must include all relevant proof, such as screenshots, communication history, or receipts.

7.2 Moderation and Compliance Review
Upon receipt, the dispute will be subject to triage and investigation by Wimbo’s designated Compliance & Trust Moderation Team, who may consult:

• Platform server logs and timestamp data;

• Event participation records (RSVP, check-in data);

• Historical behavior of the Organizer;

• Reports from other affected Users (if applicable);

• Corresponding Stripe transaction metadata.

Possible outcomes include but are not limited to:

• Full refund issuance;

• Partial refund issuance;

• Denial of refund with a reasoned decision;

• Escalation for account suspension, investigation, or potential removal of the Organizer.

Wimbo’s determination shall be final and binding, except where otherwise required by applicable law.

8. FRAUD PREVENTION AND ENFORCEMENT RIGHTS

To preserve the lawful use of its Platform and protect against abuse, Wimbo reserves the unilateral right to deny, reverse, or revoke any refund regardless of timing if there is evidence of fraudulent, abusive, or manipulative conduct, including but not limited to:

• Patterned misuse of the refund system, including repetitive cancellations followed by refund claims;

• Platform circumvention or falsification of refund eligibility through manipulation of time zones, event listings, or RSVP toggling;

• Initiation of a chargeback through a third-party financial institution without first engaging Wimbo’s dispute resolution process;

• Use of false identities, bot accounts, or coordinated refund fraud rings.

In such cases, Wimbo may take any or all of the following actions:

• Immediate account suspension or permanent termination;

• Forfeiture of future event hosting privileges;

• Referral to law enforcement or regulatory authorities, where fraudulent activity or statutory violation is identified;

• Civil enforcement including but not limited to equitable relief, restitution, and damages under applicable consumer and commercial law.

This clause is to be interpreted and enforced in accordance with Wimbo’s overarching Terms of Use, Community Guidelines, and jurisdictional requirements under U.S. and international law.

9. LEGAL DISCLAIMERS AND JURISDICTIONAL OVERRIDES

9.1 Supremacy of Mandatory Consumer Protections
Notwithstanding any provision to the contrary herein, no clause of this Refund & Cancellation Policy shall be interpreted, construed, or enforced in a manner that derogates from or diminishes any non-waivable statutory consumer rights afforded to Users under applicable national or supranational law.
Accordingly, in any jurisdiction where the laws governing consumer protection, refund guarantees, or cancellation rights impose stricter standards than those enumerated in this Policy, such statutory protections shall prevail and override the conflicting provision herein to the minimum extent required by law.

9.2 Representative Legal Instruments
Wimbo affirms its commitment to ensuring legal compatibility with internationally recognized consumer protection frameworks, including but not limited to:

• Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2), including:

  • § 18 – Prohibition on misleading and deceptive conduct;

  • § 29 – Misrepresentations regarding goods and services;

  • §§ 54–56 – Guarantees as to acceptable quality, fitness for purpose, and due care in service provision;

• Directive 2011/83/EU on Consumer Rights, as implemented by EU Member States, providing for:

  • The right of withdrawal within 14 days for distance contracts;

  • Prohibition of unfair terms and lack of transparency in digital service terms;

• UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, including:

  • Part 3 (Consumer right to cancel contracts for distance sales);

  • Schedule 2 (Model cancellation form requirements);

• California Civil Code § 1723, mandating timely refunds for consumers upon cancellation, and prohibiting deceptive business practices affecting California residents.

9.3 Application of Private International Law
In the event of a conflict between this Policy and applicable consumer protection legislation in a User’s jurisdiction, Wimbo agrees to apply the doctrine of mandatory overriding provisions (ordre public international) and the public interest exception under principles of private international law.
In such cases, Wimbo shall comply with the more protective rule, only to the extent required to give effect to public policy in the relevant jurisdiction. All other unaffected provisions shall remain in full force and effect.

10. MODIFICATIONS TO THIS POLICY

10.1 Reservation of Rights to Amend
Wimbo expressly reserves the right to amend, modify, or replace this Refund & Cancellation Policy, in whole or in part, at any time and at its sole discretion. Any such modification shall take effect upon posting unless a later effective date is expressly stated.
Material amendments—defined as changes affecting User refund rights, cancellation eligibility, escrow mechanics, or payment processing—shall be communicated via one or more of the following mechanisms:

• In-app notification or banner alert at login;

• Email communication to the address associated with the User’s registered account;

• Updated Policy publication on Wimbo’s official legal page, with a revised “Effective Date” prominently indicated.

10.2 Binding Nature of Continued Use
Continued use of the Platform or participation in event-related transactions after the effective date of a revised Policy shall constitute conclusive acceptance of the amended terms. Users who do not accept such changes must immediately discontinue use of Wimbo’s services and may contact help@wimbo.au to request account closure or event withdrawal.
Wimbo shall not be liable for any loss or delay resulting from a User’s failure to review or respond to such posted amendments.