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Cancellation, Refunds and Disputes Policy

Last updated March 2023Previous versions

1. WHEN THESE TERMS APPLY

1.1 Boink Technologies, Inc. ("Slushy", "we", "our", or "us") operates a platform, which we make available as a service through a web application available at slushy.com, that allows content creators ("Creators") to upload and share pictures, videos and other content (the "Content") and allows users to view and subscribe to such Content (the "Platform").

1.2 We built the Platform to support creative freedom without judgement. We hope that you find it f**king refreshing and 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 subscription to or purchase of Content and receive a refund.

1.3. This "Cancellations, Refunds and Disputes Policy" forms part of the Terms of Use for Members and applies to you if you access the Platform as a Member from outside the U.S. or Canada.  Terms defined in the Terms of Use for Members have the same meanings when used here.

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

1.5. Please read this Cancellations, Refunds and Disputes Policy carefully alongside the Terms of Use for Members and, if you are a Creator, the Terms of Use for Creators and make sure that you agree to it before purchasing (if you are a Member) or making available (if you are a Creator) any Subscription Content or Paid Features.

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

1.7. If you have any questions regarding this Cancellations, Refunds and Disputes Policy, please

2. Rights under applicable law

2.1. The procedure for mediating disputes between Creators and Members set out in this Cancellations, Refunds and Disputes Policy:

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

3. Cancelling a Purchase if you changed your mind

3.1. This paragraph 3 applies to you if you are a Member and have purchased Subscription Content or Paid Features through the Platform.

3.2. You can cancel your subscription to Subscription Content within fourteen (14) days of the date the subscription started and, each time the subscription renews, within fourteen (14) days of the date on which the subscription renews (the "Cancellation Period").

3.3. If you cancel your subscription to the Subscription Content during the Cancellation Period, we will refund you your Subscription Fee for that month and any Admin Fee you have paid us without undue delay and in any event within fourteen (14) days from when you notified us that you would like to cancel your subscription. You can do this through the appropriate functionality on the Subscriptions page. We will, however, deduct an amount from your refund that is proportionate to the period during which you had access to the Subscription Content, beginning on the date you paid the Subscription Fee and ending on the date you notified us that you wish to cancel the subscription.

3.4. You can also cancel a purchase of Paid Features, and receive a refund of the Purchase Price and any Admin Fee 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.

3.5. If you cancel your subscription to Subscription Content or purchase of a Paid Feature as set out in this paragraph 3, we will refund you using the payment method you originally used. If you purchased the subscription or Paid Feature by redeeming Slushy Wallet Credits, we will credit your Member Account with Slushy Credits in the amount of the relevant Subscription Fee or Purchase Price (less any deductions as set out above) for the cancelled subscription or purchase.

3.6. If you wish to cancel a purchase of Slushy Wallet Credits, you can do so within fourteen (14) days of the date you purchased the Slushy Wallet Credits, provided that you have not redeemed any of your purchased Slushy Wallet Credits during that period.

4. CANCELLING WHEN A CREATOR HAS DONE SOMETHING WRONG

4.1. This paragraph 4 applies to you if you are a Member and have purchased Subscription Content or Paid Features through the Platform.

4.2. Creators are under an obligation to supply Subscription Content and 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 Creator fails to comply with the obligations in paragraph 4.2, you can do the following up to 2 years from when the Content was made available to you:

  1. Fix the problem: you can ask the Creator to amend the Content so that it complies with the obligations in paragraph 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.
  2. Get a refund: if the Creator is unable to amend or update the Content within a reasonable period of time, you may be able to get a refund of the Subscription Fees or 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 paragraph 4.3, please contact us at support@slushy.com and we will do our best to mediate between you and the Creator. When you contact us, please provide the details of the Content that you believe does not meet the standards described in paragraph 4.2 to help us identify it.

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

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

5. Your obligations as a creator

5.1. This paragraph 5 applies to you if you are a Creator.

5.2. When a Member purchases access to your Premium Activities, you enter into a separate agreement with that Member 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:

  1. be of satisfactory quality;
  2. match any descriptions provided by you to Members; and
  3. not contain any viruses or malicious code that could damage Members' devices.

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

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

5.4. Members may also have rights to cancel a purchase of your Premium Activities as set out in paragraph 2 of this Cancellations and Refunds Policy.

6. Mediating cancellations and disputes

6.1. This paragraph 6 applies to you if you are a Creator.

6.2. 1. If a Member cancels their purchase in accordance with paragraph 2 of this Cancellations and Refunds Policy, we will notify you that the Member has cancelled their purchase of any of your Premium Activities, and you authorise us, on your behalf, to:

  1. end the Member's access to the cancelled Premium Activities; and
  2. deduct the amount to be refunded to the Member from your account in accordance with Section 2 of our Payment Policy.

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

  1. review the Premium Activities that the Member has complained about, including, with respect to Live Content, any recordings of the Live Content created by us, and (where applicable) any statements you have made about the relevant Premium Activity on the Platform; and
  2. notify you by email to the email address associated with your Creator Account if, in our reasonable opinion, your provision of the Premium Activity did not comply with your agreement with the Member.

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

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

6.5. If:

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

you authorize us to end the Member's access to the relevant Premium Activity and deduct the amount to be refunded to the Member from your account in accordance with Section 2 of our Payment Policy.

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