Refunds and Disputes Policy

1.1. Boink Technologies, Inc., a Delaware corporation (“LinkPay”, “we”, “our”, or “us”) operates a platform, which we make available as a service through a web application available at linkpay.co, that allows content creators (“sellers”) to upload and share pictures, videos and other content (the “Content”) and allows users to view and purchase such Content (the “Platform”).

1.2. We built the Platform to support creative freedom without judgement. We hope that you enjoy the Content made available through our Platform. However, if you are unhappy with any Content that you purchase through the Platform or you change your mind, you may be able to cancel your purchase of Content and receive a refund.

1.3. This “Refunds and Disputes Policy” forms part of the Terms for Buyers and applies to you if you access the Platform as a buyer from outside the U.S. or Canada. Terms defined in the Terms for Buyers have the same meanings when used here.

1.4. If you are a seller, this Refunds and Disputes Policy forms part of the Terms for Sellers and applies to the sale of Premium Activities (as defined in the Terms for Sellers) to buyers outside the U.S. or Canada.

1.5. Please read this Refunds and Disputes Policy carefully alongside the Terms for Buyers and, if you are a seller, the Terms for Sellers and make sure that you agree to it before purchasing (if you are a buyer) or making available (if you are a seller) any Paid Features.

1.6. Please note that this Refunds and Disputes Policy does not apply to buyers who access the Platform from the US or Canada.

1.7. If you have any questions regarding this Refunds and Disputes Policy, please contact us at support@linkpay.co.

2.1. The procedure for mediating disputes between sellers and buyers set out in this Refunds and Disputes Policy:

• is provided for convenience only and is not compulsory or binding; and
• does not exclude any rights or remedies available to buyers under applicable law. Buyers are free to contact sellers directly in relation to any dispute regarding their Premium Activities, take action against sellers in the courts of the buyer’s home jurisdiction and complain to regulators or dispute resolution bodies within the buyer’s home jurisdiction.

3.1. This Section 3 applies to you if you are a buyer and have purchased Paid Features through the Platform.

3.2. You can cancel a purchase of Paid Features, and receive a refund of the Purchase Price that you have paid in respect of that Paid Feature, within fourteen (14) days of the date you paid the Purchase Price in respect of that Paid Feature, provided you have not accessed or used the Paid Feature during that period. We will ask you when you purchase a Paid Feature if you wish to access or use that Paid Feature immediately. If you confirm to us that you would like to access the Paid Feature immediately, you will lose your right to cancel your purchase of that Paid Feature.

3.3. If you cancel your purchase of a Paid Feature as set out in this Section 3, we will refund you using the payment method you originally used.

4.1. This Section 4 applies to you if you are a buyer and have purchased Paid Features through the Platform.

4.2. Sellers are under an obligation to supply Content provided through the Paid Features that is of satisfactory quality, matches any descriptions provided to you, and does not contain any viruses or malicious code that could damage your device.

4.3. If a seller fails to comply with the obligations in Section 4.2, you can do the following up to 2 years from when the Content was made available to you:

• Fix the problem: you can ask the seller to amend the Content so that it complies with the obligations in Section 4.2. If you do this more than 6 months after the Content was made available to you, you will need to prove that the Content failed to comply with those obligations at the time it was first made available to you.
• Get a refund: if the seller is unable to amend or update the Content within a reasonable period of time, you may be able to get a refund of the Purchase Price that you have paid in relation to that Content.

4.4. If you would like to exercise any of the remedies set out in Section 4.3, please contact us at support@linkpay.co and we will do our best to mediate between you and the seller. When you contact us, please provide the details of the Content that you believe does not meet the standards described in Section 4.2 to help us identify it.

4.5. Neither we nor the seller will be responsible to you if you are unable to access any or all of the Content made available through the Paid Features because we or a seller has blocked you from doing so as a result of your breach of our Acceptable Use Policy or any other provision of our Terms of Use.

4.6. The remedies set out in Section 4 are not exhaustive and do not affect any rights you may have under applicable law.

5.1. This Section 5 applies to you if you are a seller.

5.2. When a buyer purchases access to your Premium Activities, you enter into a separate agreement with that buyer to provide them with your Premium Activities. You must ensure that you comply with that agreement when providing your Premium Activities, including terms implied under applicable law. Your Premium Activities must therefore:

• be of satisfactory quality;
• match any descriptions provided by you to buyers; and
• not contain any viruses or malicious code that could damage buyers’ devices.

5.3. If you fail to provide Premium Activities in conformance with the agreement between you and the buyer, the buyer may exercise their remedies against you as set out in Section 4.3 of this Refunds and Disputes Policy and require you, at any time up to 2 years from when you provided the Premium Activities to that buyer, to:

• provide new, updated Content through the Premium Activities that complies with your agreement with the buyer; or
• if you are unable to do so within a reasonable time, provide the buyer with a refund in respect of the Content that did not comply.

5.4. Buyers may also have rights to cancel a purchase of your Premium Activities as set out in Section 3 of this Refunds and Disputes Policy.

6.1. This Section 6 applies to you if you are a seller.

6.2. If a buyer cancels their purchase in accordance with Section 3 of this Refunds and Disputes Policy, we will notify you that the buyer has cancelled their purchase of any of your Premium Activities, and you authorise us, on your behalf, to:

• end the buyer’s access to the cancelled Premium Activities; and
• deduct the amount to be refunded to the buyer from your account in accordance with our Payment Terms.

6.3. If a buyer notifies us that they wish to exercise their rights under Section 4.3 of this Refunds and Disputes Policy, we will:

• review the Premium Activities that the buyer has complained about, including, with respect to Video Calls, any recordings of the Video Calls created by us, and (where applicable) any statements you have made about the relevant Premium Activity on the Platform; and
• notify you by email to the email address associated with your seller account if, in our reasonable opinion, your provision of the Premium Activity did not comply with your agreement with the buyer.

6.4. You must inform us, within fourteen (14) days of receiving the notice referred to in Section 6.3(b), if you:

• agree with the buyer’s complaint and commit to amending or re-performing the relevant Premium Activity; or
• agree with the buyer’s complaint and will refund the buyer the amount paid in respect of the relevant Premium Activity; or
• dispute the buyer’s complaint and believe that the Premium Activity was performed in accordance with the agreement with that buyer.

6.5. If:

• we have notified you that we believe your provision of the Premium Activity did not comply with your agreement with the buyer, and you fail to respond to us within fourteen (14) days of receiving a notice to that effect in accordance with Section 6.3(b); or
• you notify us that you agree to refund the buyer in accordance with Section 6.4(b),

you authorize us to end the buyer’s access to the relevant Premium Activity and deduct the amount to be refunded to the buyer from your account in accordance with our Payment Terms.

6.6. If we have informed you that we believe your provision of the Premium Activity did not comply with your agreement with the buyer, and you notify us, within fourteen (14) days, that you wish to dispute the buyer’s complaint, you must provide us, on behalf of the buyer, with a written statement setting out why you believe your Premium Activity conformed with your agreement with the buyer, together with any relevant supporting evidence.