Last updated on 4 August 2026
These Terms and Conditions constitute a legally binding agreement between the Accepting Party and the Company. This document concerns the Accepting Party’s access to and use of BASH. BASH is owned or controlled by the Company. The Terms affect the Accepting Party’s legal rights and obligations. If they do not agree with the Terms, then they are expressly prohibited from using the BASH services and they must discontinue use immediately.
Any questions about the Terms may be directed to legal@bash.social
a.
The Terms, these terms & conditions which constitute a legally binding agreement between the Company and the Accepting Party concerning their use of BASH.
b.
The Company, BASH B.V., located on Leidsegracht 38, 1016 CM Amsterdam. The Company is registered with the Chamber of Commerce (Kamer van Koophandel) under number 80666566.
c.
BASH, the online social platform provided by the Company to Consumers and Organisers to use for, and in relation to, attending and organising events.
d.
The Accepting Party, the party that accepts the Terms in their capacity as a User, Guest, or Organiser. When this term is used, the paragraphs apply to any of these parties using BASH in any way.
e.
User, a natural person, legal entity, or partnership who has a User account on BASH.
f.
Guest, a natural person, legal entity, or partnership who attends an event via BASH by buying a ticket or RSVP’ing without having a User account on BASH.
g.
Consumer, a Guest or User when attending an event or using other event-related services from a specific Organiser on BASH.
h.
Organiser, any natural person, legal entity, or partnership who is using the event hosting features of BASH in any form.
i.
Users can host an event from their User account directly from their profile acting as the same natural person or legal structure. When using the event hosting features, they are then acting as an Organiser, when using any other features, they are acting as a User.
ii.
Users may also create an Organisation Page for the same or separate natural person, legal entity, or partnership from which they can host events as that party. The Accepting Party is an Organiser when doing anything on or from the Organisation Page.
i.
The Content, anything created on or posted to BASH by the Accepting Party or any Third Party Consumer or Organiser, including but not limited to, audio, video, text, pictures, files, information, usernames, graphics, profiles, works of authorship, links and other materials.
j.
Third Party, any other natural person, legal entity, or partnership than the Accepting Party and Company.
k.
Third Party Content, BASH may contain links to other websites or services as well as, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content belonging to or originating from Third Parties.
l.
Privacy Policy, the Company’s Privacy Policy where it explains how Personal Data will be processed.
m.
Personal Data, any information relating to an identified or identifiable natural person as defined in the General Data Protection Regulation (GDPR) article 4.
1.
The Company may update the Terms from time to time. The Company will inform the Accepting Party of updates to the Terms by updating the “last updated” date above and, in the case of material changes, by email notification as required by law. Then, the Accepting Party will have a possibility to reject the updates by deleting the User account or Organisation page, or otherwise terminating their use of BASH. Organisers will receive at least a fifteen day notice, or shorter if permitted by law, to review the updated Terms before they take effect. The Accepting Party will be deemed to have accepted the changes in a revised version when they continue to use BASH after the new Terms take effect.
2.
As BASH is an online social platform for events for Consumers and Organisers to act on, the Company is not part of any agreement or transactions between anyone on BASH and therefore is not liable for any obligations arising from agreements made on BASH without the Company being a party to it, unless the Company itself has a legal obligation or has expressly agreed otherwise. The Company simply provides BASH as a platform facilitating event management and ticketing transacitions.
3.
BASH is hosted in the European Union (EU).
4.
To use BASH, the Accepting Party confirms that they have the legal capacity and authority required under applicable law to accept the Terms and use BASH.
5.
To use BASH in any capacity (User, Guest, or Organiser), the Accepting Party must accept the Terms.
6.
When registering an account with BASH, the Accepting Party becomes a User and agrees to keep their account information confidential and will be responsible for all use of their account. The Company reserves the right to at any point remove, reclaim, or change a username the User selects if the Company determines that such username is inappropriate, obscene or otherwise objectionable under the Terms.
7.
The User is responsible for ensuring that all information provided to BASH upon registration and at all other times is true, accurate, current and complete.
8.
The User is solely responsible for all and any activity that occurs through their account and they agree they will not sell, transfer, licence or assign their account, username, or any other account rights. With the exception of the situation where the Accepting Party is expressly authorised to create accounts on behalf of their employees or clients, the Company prohibits the creation of and the Accepting Party agrees that they will not create an account for anyone other than themselves.
9.
If the User provides untrue, inaccurate, not current, or incomplete information, the Company reserves the right to suspend or terminate the User’s account and refuse any and all current or future use of BASH (or any portion thereof)
10.
The User agrees that they will not solicit, collect or use the login credentials of other Users.
11.
BASH and all its contents (all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on BASH), are owned by the Company or licensed to the Company and are protected by applicable copyright, trademark and other intellectual property laws. The Company retains all rights in BASH and its contents.
12.
The Accepting Party may not remove or alter any intellectual property notices, nor copy, modify, distribute, prepare derivative works based on, display, sell, exploit or otherwise use BASH, its contents, or the Company’s trademarks or logos (including page headers, custom graphics, button icons and scripts) in whole or in part, without the prior written permission of the Company.
13.
The Company hereby grants to the Accepting Party a non-transferable licence to use BASH. The Accepting Party may not rent, lease, lend, sell, redistribute or sublicense BASH. The Accepting Party may not copy (except as expressly permitted by this licence), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of BASH, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with BASH). Any attempt to do so is a violation of the rights of the Company. If the Accepting Party breaches this restriction, they may be subject to prosecution and damages. The Terms will govern any upgrades provided by the Company that replace and/or supplement the original version of BASH, unless such upgrade is accompanied by updated Terms in which case those new Terms will govern.
14.
The Company does not claim ownership of any Content that the Accepting Party posts on or through BASH. Instead, the Accepting Party hereby grants the Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use the Content that they post on or through BASH, subject to the Privacy Policy of the Company
15.
The Accepting Party represents and warrants that: (i) they own the Content posted by them on or through BASH or otherwise have the right to grant the rights and licences set forth in the Terms; (ii) the posting and use of their Content on or through BASH does not violate, misappropriate or infringe on the rights of any Third Party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) they agree to pay for all royalties, fees, and any other monies owed by reason of Content they post on or through BASH; and (iv) they have the legal right and capacity to enter into the Terms in their jurisdiction.
16.
The Accepting Party is responsible for their use of BASH.
17.
The Accepting Party may not use, or facilitate the use of, BASH for any illegal, unlawful, or unauthorised purpose or in any such manner. The Accepting Party agrees to comply with all applicable law in relation to their use of BASH.
18.
The Accepting Party will not access BASH through automated or non-human means, whether through a bot, script, or otherwise.
19.
The Accepting Party must not interfere or disrupt BASH or servers or networks connected to BASH, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. The Accepting Party may not inject content or code or otherwise alter or interfere with the way any BASH page is rendered or displayed in a user’s browser or device
20.
The Accepting Party may not change, modify, adapt or alter BASH or change, modify or alter another website so as to falsely imply that it is associated with BASH or the Company.
21.
The Accepting Party agrees to not circumvent, disable, or otherwise interfere with security-related features of BASH, its contents, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of BASH and/or Content contained therein.
22.
The Accepting Party agrees to not make any unauthorised use of BASH. This entails, but is not limited to, that they may not use BASH or any commercial endeavors that do not align with the normal use of BASH, including selling goods and services other than explicitly permitted, nor may they collect usernames or Organisation Page names and/or email addresses of Users or Organisers by electronic or other means for the purpose of sending unsolicited email, comments, or other forms of spam to other Consumers and/or Organisers, or creating user accounts by automated means or under false pretences.
23.
The Company prohibits crawling, scraping, caching or otherwise accessing any Content on BASH via automated means (except as may be the result of standard search engine protocols or technologies used by a search engine with the express consent of the Company).
24.
The Accepting Party may not harass the Company, make unlawful misrepresentations, impersonate the Company, or publish unlawful defamatory statements about the Company or BASH.
25.
The Accepting Party agrees that they are responsible for all data charges they incur through use of BASH.
26.
The Accepting Party may not violate the rights of any Third Parties.
27.
The Accepting Party may not attempt to restrict any Third Party from using or enjoying BASH
28.
The Accepting Party agrees to not attempt to impersonate any Third Party, or use the username or Organisation Page name, of another user or other Organiser, sell or otherwise transfer their profile or page, or use any information obtained from BASH in order to harass, abuse or harm another person
29.
The Accepting Party may not defame, stalk, bully, abuse, harass, threaten, impersonate, mislead, discriminate or intimidate people or entities and they must not post private or confidential information via BASH.
30.
Content posted on BASH may be seen by other Consumers and Organisers, depending on where it is posted. As such, the Accepting Party should be aware of where they are posting Content, how public this is, and that the Content made is treated as non-confidential. When the Accepting Party creates or makes available any Content they thereby agree that:
a.
they are responsible for all their Content;
b.
the Content is not false, inaccurate or misleading;
c.
the Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
d.
the Content does not include any violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive Content via BASH;
e.
the Content adheres to the “Acceptable and Prohibited Use” section above.
31.
The Accepting Party realises that BASH is a platform and agrees that the Company is not responsible or liable for, and does not endorse, any actions made through or any Content posted on BASH.
32.
The Accepting Party acknowledges that BASH includes social features through which certain profile and activity information may be visible to others. When using BASH, a Consumer’s first name, an Organiser’s Organisation Page name and, for Users and Organisers, a profile or page picture may be shown in connection with their activity on the platform, including when they:
a.
RSVP’ or buy a ticket to an event;
b.
commenting on an event;
c.
reacting to an event;
d.
reacting to comments on an event;
e.
organising an event.
33.
The User understands that information such as their username, profile picture, and events joined may be shown on their User profile, that their User profile may be recommended to other Users, and notifications may be sent to their friends on BASH as part of the social features. Users can manage the visibility of some of these social features in their settings.
34.
More information about how the Company processes Personal Data can be found in the Privacy Policy.
35.
BASH may display events, Content, and Organisation Pages via a recommender system based on relevance to the User and the functioning of the platform. The main factors that may influence this personalisation include event date, location, popularity, availability, User interactions, and stated preferences. These factors help Users have a more relevant experience on BASH. Users can change their personalisation by changing their settings and preferences on, but not limited to, location, followed pages, friends, notifications.
36.
The relative importance of these factors may vary depending on the feature. For example, search and filter inputs may be more important when a User searches for events, while location, event date, popularity, availability, friends’ activity, and previous interactions may be more important in feeds or similar recommendations.
37.
BASH is a Hosting Service and an Online Platform as defined by the Digital Services Act (DSA). The Company therefore has several duties related to content moderation, which they must perform in line with the DSA, the Terms, other applicable law, and other platform safety obligations.
38.
The Accepting Party may report behaviour or Content that violates the Terms, platform safety, or applicable laws, via the support buttons on BASH or by contacting the Company through the contact info. Reports should identify the specific Content or activity concerned and explain why it is considered in breach of the Terms (or otherwise illegal), how the reporter may be reached and be accurate to the best knowledge of the reporter. The Company will do a human review of this report and will inform the parties involved of any (lack of) further action and all other required information in a timely manner.
39.
Any Accepting Party who violates, or is reasonably determined by the Company to have violated, the Terms, platform safety, or any applicable law, may be temporarily or permanently banned, removed, or restricted from the platform without prior notice to ensure platform safety. The Company will notify the Accepting Party of such action with a statement of reasons (which may include what measure was taken, what content/account/action it concerns, the legal or Terms basis; whether automated tools were used, and available appeal options) for the action within a reasonable time.
40.
The Company may moderate (adjusting or removing) without prior notice any Content that violates, or is reasonably determined by the Company, to violate the Terms, platform safety, or any applicable law at any time, to ensure platform safety. The Company will notify the Accepting Party of such action with a statement of reasons around the time of the action, within the limits of reason.
41.
Content removed from BASH may continue to be stored by the Company, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable for the Accepting Party without a valid reason. Consequently, the Company encourages the Accepting Party to maintain their own backup of the Content. The Company is not a backup service and the Accepting Party agrees that they will not rely on BASH for the purposes of content backup or storage. The Company will not be liable to the Accepting Party for any modification, suspension, or discontinuation of BASH, or the loss of any content.
42.
To the extent permitted by law, the Company is not liable to the Accepting Party or any Third Party for losses arising from moderation, restrictions or bans carried out in accordance with the Terms and applicable law.
43.
In any case of any moderation, restriction or ban that is in line with the Terms, the Accepting Party is not entitled to any refunds from the Company for any costs made, including the service fee discussed in paragraph 57 unless required by law.
44.
If the Accepting Party does not agree with a moderation, restriction, or ban on their content, Organisation Page, or User account, by the Company, they may submit an appeal with the Company via email at info@bash.social to get this action reverted.
45.
The Company will try its best to ensure the policies above are upheld in order to make BASH a safe service by human and automated intervention. If there are any questions or comments on this topic, please reach out to the BASH support or via email.
46.
The Company is not responsible for the actions, content, information, or data of Third Parties, and the Accepting Party releases the Company and its representatives from any claims and damages, known and unknown, arising out of or in any way connected with any claim they have against any such Third Parties.
47.
Third Party Content is not investigated, monitored or checked by the Company. The Company is not responsible for any Third Party Content accessible on or by the use of BASH.
48.
If the Accepting Party leaves BASH and accesses Third Party Content, they do so at their own risk and the Terms do no longer apply .
49.
When accessing Third Party Content, the Accepting Party should review the applicable Terms and policies including privacy and data gathering practices. Any purchase they make through Third Party Content will be through other websites and services from other companies. The Company therefore expressly takes no responsibility whatsoever in relation to such purchases which are exclusively between the Accepting Party and the applicable Third Party.
50.
The Company values data privacy and security. To read all about how the Company processes the Accepting Party’s Personal Data, please review the Privacy Policy at https://bash.social/privacy.
51.
When the Accepting Party creates an Organisation Page, the entity that accepts the terms becomes an Organiser. To use the event organising features on BASH from their Organisation Page as the Organiser, they must accept the Terms as the natural person, legal entity, or partnership hosting the events separately.
52.
The Accepting Party acknowledges that they are legally competent and authorised to enter into contracts on behalf of the party they are acting for. They also confirm that they are authorised to develop business activities in the countries where they are active.
53.
This part applies to any Organiser accepting the Terms when using the event hosting features of BASH. This is not a replacement, but an addition to the Terms and all other sections also apply to any Accepting Party using BASH as an Organiser unless specified otherwise.
54.
The Organiser declares that all services and products offered comply with applicable EU law.
55.
The Company has the right to, without prior notice and without any obligation to make good on any possible damages to the Accepting Party or any Third Parties, suspend or terminate access to BASH or any related services if the Company reasonably believes that the Organiser is not fulfilling its obligations stipulated in the Terms, a contract, or any other agreement related to BASH or the Company.
56.
The Organiser only uses their Organisation Page for its intended purposes.
57.
The Company may charge fees for the use of BASH and its services to the Organiser. Any applicable fees, including their structure and pricing arrangement, will be communicated to the Accepting Party before their application.
58.
The Organiser is responsible to ensure that events and content which are uploaded by the Organiser are honest, up-to-date, not misleading, and within the limits of the Terms and the law.
59.
BASH may be used by the Organiser to sell tickets to Consumers. In order to provide this via BASH, the Company may provide the following two options:
a.
a Third Party ticket provider (Weeztix or Paylogic for example) is used as the ticket provider in which case the Company may use the Third Party provider to automatically deduct the agreed upon fee, unless agreed otherwise;
i.
a lower price may be agreed upon if the Organiser agrees to use BASH as their primary sales channel.
b.
the Company provides its own ticket provider for which it may use a Third Party payment processor, in this case the Company is allowed to use the Third Party to automatically deduct its fees;
i.
if necessary to fulfill its services, the Company and the Third Party payment processor may deduct funds from the Organiser’s Third Party payment processor’s account so that the Organiser’s account becomes negative (debit), this is the Organiser’s responsibility;
60.
To use BASH for paid tickets, the Organiser must provide their invoice information and their business details fully and correctly. The legal name, city and country, email contact, and business registration number (KvK or BTW numbers in the Netherlands) will be made publicly available on BASH in compliance with EU law.
61.
The fees for BASH and any stipulations to the specific pricing will be as agreed upon by the Company and Organiser, by the Organiser accepting the fees and stipulations of BASH in any form.
a.
The prices communicated exclude VAT and in Euros by default.
b.
In case of any pricing agreement where the Organiser is using a Third Party as its ticket provider, and is meant to use BASH as their primary sales channel for a lower price (as mentioned above in paragraph 59.a.i), the Organiser has a duty to ensure that this part of the agreement is upheld. Otherwise the Company has the right to suspend all services at any given time, change the pricing, and claim any lost fees and any other fees related to the breach of agreement.
c.
The Organiser is not entitled to a refund of BASH fees merely because the Organiser refunds one or more Consumers, unless the Company has failed to comply with the Terms or applicable law.
62.
The Company will invoice the Organiser on a monthly basis unless agreed otherwise.
a.
The payment is due within 14 days of the invoice date, in some cases it will occur automatically.
63.
In case the Company has reasonable suspicion an Organiser is involved in fraud, it holds the right to block all payments and payouts to (all of) the party(ies) involved, and from the account of the Organiser refund affected parties without being liable for any possible damages thereof to the extent not prohibited by law.
64.
For any pricing arrangements (per ticket, subscription, etc.) the following is applicable:
a.
If a separate agreement, contract, order confirmation, or written pricing confirmation between the Company and the Organiser contains different commercial terms, those specific terms prevail over this section.
b.
Unless a fixed term, ticket volume, minimum commitment, or other defined scope is agreed, the relevant pricing arrangement is entered into for an indefinite term.
c.
For fixed-term agreements, ticket-volume commitments, minimum commitments, or other defined-scope arrangements, the agreed pricing applies for the agreed term or scope, unless expressly agreed otherwise in writing.
d.
Where the Organiser uses BASH on a subscription basis without a fixed-term agreement, the subscription is entered into for an indefinite term and may be terminated by either party with 30 days’ written notice.
e.
For indefinite-term pricing arrangements, the Company may update the applicable pricing by giving at least 30 days’ written notice. If the Organiser does not agree with the updated pricing, the Organiser may terminate the relevant indefinite-term arrangement before the updated pricing takes effect.
f.
The right of the Company to suspend or terminate access to BASH for prohibited use or anything else not allowed by the Terms remains unaffected by this section.
g.
Where the Company and the Organiser have agreed on a fixed term, ticket volume, minimum commitment, or other defined scope, the relevant arrangement may not be terminated before the agreed end date or fulfilment of the agreed scope, except as expressly set out in the Terms, the relevant agreement, or mandatory applicable law.
i.
Where reasonably possible, any shortcoming in the performance of the Terms or an underlying agreement is addressed by way of suspension of the affected part of the services or obligations, rather than termination of the Terms or the underlying agreement in its entirety.
ii.
Valid reasons for termination could be: the Company is in material, attributable breach of a material obligation under the Terms or the underlying agreement, the Organiser has given the Company written notice of default specifying the breach and granting a reasonable period of no less than 30 days to remedy it, and the Company has failed to remedy the breach within that period; or the Company has been declared bankrupt or has been granted a suspension of payments.
iii.
A temporary, incidental, or remediable shortcoming, including a disruption, outage, maintenance period, or delay in the availability of BASH, does not by itself constitute grounds for termination, provided that the Company makes reasonable efforts to remedy it and the shortcoming does not materially and persistently prevent the provision of the agreed services.
iv.
If either party is prevented from performing its obligations due to force majeure, the affected obligations are suspended for the duration of the force majeure event, to the extent performance is prevented by that event. The Organiser may terminate a fixed-term agreement on the basis of force majeure only if the force majeure event materially prevents the Company from providing the agreed services, has continued for more than 90 consecutive days, and the Company has failed to resume performance within 30 days after receiving written notice from the Organiser.
v.
The Organiser may not terminate a fixed-term agreement for convenience, reduced use, changed business needs, or other commercial reasons during the agreed term or before fulfilment of the agreed scope.
h.
Suspension, termination, expiry, or non-renewal does not affect any fees accrued for services already provided, nor any payment obligations that arose before the effective date of suspension, termination, expiry, or non-renewal.
65.
The Company is not responsible for any Third Party costs made through BASH (such as WhatsApp costs) in any case, unless explicitly agreed otherwise or when mandatory through applicable law.
66.
In case the Company has reasonable suspicion an Organiser is involved in fraud, it holds the right to block all payments and payouts to (all of) the party(ies) involved, and from the account of the Organiser refund affected parties without being liable for any possible damages thereof to the extent not prohibited by law.
67.
Definitions of “Controller”, “Processor”, and “Sub-processor” are defined by the GDPR article 4.
68.
The Organiser is Controller over Personal Data coming in from their Consumers on their events. Therefore, the Organiser is responsible to comply with all applicable law relating to this data as a Controller.
69.
The Organiser, as Controller, determines the legal basis for processing Consumer Personal Data and instructs the Company to process data in compliance with the Terms and applicable law. The Company will process the data only as instructed and insofar as such instructions are compatible with the Terms and applicable law.
70.
The Organiser (Controller) hereby instructs the Company (Processor) to collect and process all the necessary Personal Data from all its Consumers to:
a.
provide and improve tickets sales services to the Organiser and its Consumers, which includes to process ticketing, booking, payment, refund, payout, and transaction-related data;
b.
provide and improve entry management services to the Organiser and its Consumers;
c.
provide and improve other event management services, which may include but is not limited to: inviting, messaging, and ambassador programmes related event engagement features;
d.
provide data insights to the Organiser by the means of reporting, exports, dashboards, analytics, and performance insights.
e.
prefill Consumer data;
f.
process imported audiences or contact lists on behalf of the Organiser for organiser-authorised event communication, audience management, and related event services;
g.
provide customer support, technical support, dispute handling, and issue resolution related to events, tickets, accounts, and platform use;
h.
transmit Personal Data to authorised Sub-processors and integrated third-party services where necessary to provide BASH and the Organiser’s selected features;
i.
perform security, abuse prevention, fraud prevention, compliance checks, and platform integrity measures related to the Organiser’s event services;
j.
note for clarity: the Company will not sell or share Personal Data of the Organiser’s Consumers with the Organiser’s competitors or other third parties for their promotional purposes. The Company processes this Personal Data in accordance with the instructions or for its own purposes as laid down in the paragraph below.
71.
The Organiser acknowledges that the Company may process Personal Data of the Organiser’s Consumers for its own purposes when it has a sufficient legal basis, specifically: platform-wide analytics, product improvement, User experience personalisation, security, fraud prevention, abuse prevention, and service development, it does so as Controller as described in the Privacy Policy.
72.
The Company retains the Personal Data it processes for the Organiser for as long as it needs to process it as per the instructions. When the Organiser deletes their Organisation Page, all Personal Data processed on behalf of the Organiser will be returned, deleted or anonymised as soon as reasonably possible, except where retention is required by applicable law, in line with the purposes listed above, or necessary for the establishment, exercise, or defence of legal claims. Any data that is anonymised in accordance with applicable standards shall no longer constitute Personal Data under the GDPR.
73.
The Organiser gives The Company (as a Processor) the authority to make use of the following categories of Sub-processors and Third Party integrations to provide BASH and its services:
Category | Purpose of sharing data | Categories of data shared |
|---|---|---|
Data analytics services | Data analysis for product improvement | Usage data, interaction data, event/page views, device and browser data, technical identifiers, and limited Consumer or Organiser identifiers where needed for analytics |
Hosting services | Run the BASH online services | User account data, Organisation Page data, event data, ticket/order data, messages, technical data and server logs |
Customer support tools | Providing customer support to Consumers and Organisers | Consumer and Organiser identifiers, contact data, support messages and relevant account, event, ticket or order information. |
Financial tools | Bookkeeping | Consumer and Organiser contact data, invoice data, transaction amounts, VAT/tax information and payment references. |
Ticket providers | Provide ticket sales from third-party ticket platforms | Organiser contact and financial data, Consumer payment interactions and payment related data. |
Payment providers | To process payments, payouts, refunds, chargebacks and fraud checks within BASH’ own ticket provider. | Organiser contact and financial data, Consumer payment interactions and payment related data. |
Messaging providers | To provide notifications | Consumer and Organiser contact data, push notification tokens, notification preferences, message content and delivery metadata. |
Marketing conversion tools | To track marketing efforts | Consumer interaction, cookie identifiers, pixel identifiers, device and browser data, IP address, page views, referral data, campaign data and conversion events, such as sign-ups or ticket purchases, only when valid consent has been obtained. |
74.
In case of any material changes to these categories of Sub-processors, the Company will inform the Organiser in a timely manner so that the Organiser may object and or terminate.
75.
The Company is responsible for ensuring the Sub-processors uphold the same data protection obligations while processing Personal Data as the Company.
76.
In case of an audit or inspection for the Organiser, the Company must allow and contribute to provide all necessary information to the Organiser to meet the requirements, subject to reasonable notice, confidentiality, security requirements, and reasonable cost recovery for excessive or non-standard assistance.
77.
The Company commits to securing the Personal Data in line with article 32 of the GDPR.
78.
The Company will assist the Organiser in any reasonable requests to access or delete Personal Data where necessary, taking into account the nature of the processing.
79.
The Company ensures that persons authorised to process Personal Data are bound by confidentiality obligations or appropriate statutory confidentiality obligations.
80.
In case of a data leak, the Organiser will be informed by the Company without undue delay. The Organiser will be informed on:
a.
the origins of the leak, and any specifications on categories of data and (estimated) amount of people involved, if known at the time;
b.
a point of contact for more information;
c.
the possible consequences;
d.
the proposed measures.
81.
In case of a data leak, the Company will assist the Organiser in assessing and complying with any notification obligations toward supervisory authorities or affected data subjects, within the limits of reason.
82.
If the Consumer is also a User, the Personal Data shared with the Company at sign up and all general User Personal Data is controlled by the Company. All Personal Data that the Consumer provides to the Organiser is processed as explained in paragraphs 70 and 71 above.
83.
The Company and the Organiser are bound by legal responsibilities and obligations. Both parties will treat Personal Data with care and each party commits to uphold their legal responsibilities.
84.
As stated in paragraph 2, BASH is a platform that facilitates and the Company is not part of any transactions made on BASH. This section outlines the basic rules from the Company for ticket sales and any other agreements made on the platform between Organisers and Consumers in relation to events. All applicable laws may trump this section as all agreements must be legal and lawful.
85.
As far as permitted by law, only agreements concerning ticket purchases and other explicitly permitted instances are valid when made through BASH.
86.
A Consumer may purchase tickets (for free or paid) for an event hosted by an Organiser through BASH.
87.
If a Consumer purchases a ticket from an Organiser, a binding agreement is formed between the Consumer and the Organiser.
88.
The Consumer is responsible for providing all requested information truthfully, both during their User account set-up (if they have one) and when asked when purchasing a ticket by the Organiser directly.
a.
The Consumer may always be asked to provide their e-mail address, first name and last name, the Organiser may ask for additional information.
89.
The Consumer may be asked by the Organiser to pay a ticket fee. The Organiser may also include additional service or booking fees in the total price, including fees related to the Organiser’s costs for their use of BASH.
90.
The payment may be processed through the Company’s payment provider, which may be subject to the terms and policies of the relevant payment provider.
91.
On refunds, the following applies:
a.
the Company advises the Consumer to contact the Organiser if the event is cancelled or if the Consumer believes they are entitled to a refund for any other reason;
b.
the Company cannot exclude a Consumer’s legal right to request a refund from the Organiser. Refunds requested by a Consumer are the sole responsibility and risk of the Organiser;
c.
if the Consumer purchases a ticket or an event-related service for a specific date or period, the Consumer acknowledges that the statutory 14-day right of withdrawal may not apply, as permitted by applicable consumer law;
d.
as BASH is a platform, the Company is not responsible for any refunds unless the Company has a legal obligation or has expressly agreed otherwise.
92.
In case the Company has reasonable suspicion an Organiser or Consumer is involved in fraud, it holds the right to block all payments and payouts to (all of) the party(ies) involved related to any agreement made, in part, via BASH.
93.
The Company may change, modify, revise, update, suspend or remove parts of BASH for valid reasons. Material changes, including changes to pricing for Organisers, will be notified where required by the Terms or applicable law.
94.
To the extent permitted by law, nothing in the Terms will be interpreted and/or construed to obligate the Company to maintain and support BASH or to supply any corrections, updates or other measures in connection to this.
95.
BASH, including, without limitation, the Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither the Company nor any of its directors, employees, managers, officers, partners, affiliates or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) BASH; (b) the Content; (c) Organiser events; or (d) security associated with the transmission of information to the Company or via BASH. In addition, the Company hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
96.
Although it is the intention of the Company for BASH to be available as much as possible, the Company does not represent or warrant that BASH will be error-free or uninterrupted, including without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment; that defects will be corrected; or that BASH or the server that makes BASH available is free from any harmful components, including, without limitation, viruses. The Company does not make any representations or warranties that the information (including any instructions) on BASH is accurate, complete, or useful.
97.
The Accepting Party acknowledges that their use of BASH is at their sole risk. The Company does not warrant that the Accepting Party’s use of BASH is lawful in any particular jurisdiction, and the Company specifically disclaims such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the Accepting Party to the extent such jurisdiction’s law is applicable to the Accepting Party and the Terms.
98.
To the extent not prohibited by law, in no event shall the Company be liable to the Accepting Party for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to:
a.
use of BASH;
b.
the Content;
c.
for any acts, omissions, errors, delays, or failures of Third Party service providers used in the provision of BASH, including but not limited to payment processors, ticket providers, and other technical or infrastructure providers;
d.
the Accepting Party’s use of, inability to use, or the performance of BASH;
e.
any action taken in connection with an investigation by the Company or law enforcement authorities regarding the Accepting Party or any Third Party’s use of BASH;
f.
any action taken in connection with copyright or other intellectual property owners;
g.
any errors or omissions in the operations of BASH; or
h.
any damage to the Accepting Party’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Company has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, unforeseen circumstances, telecommunications failure, or theft or destruction of BASH);
i.
any damages that occur by a breach of the Accepting Party or a Third Party of the Terms or applicable law. The Accepting Party exempts the Company from any such damages by accepting the Terms.
j.
any damages which are a consequence of something the Company is allowed, or is not obligated, to do under the Terms and applicable law.
99.
To the extent not prohibited by law, without prejudice to the foregoing regarding liability the Company is not liable for damages that are related to any events beyond its reasonable control, such as but not limited to:
a.
measures taken by domestic, foreign or international governments;
b.
international conflicts;
c.
violent or armed actions;
d.
measures by competent authorities;
e.
actions resulting from a boycott;
f.
workers irregularities at Third Parties or within the Company;
g.
failures or damages in the electric networks, telecommunications or other such networks;
h.
shortcoming by Third Parties that the Company involves to uphold the agreements and/or Terms;
i.
Cybercrime.
100.
To the extent not prohibited by law, the Company cannot be held liable to the Accepting Party or any Third Party for loss, damage or injury.
101.
In no event can the Company’s total liability to the Accepting Party for all damages, losses or causes of action exceed the amount of total fees paid in the three months preceding the liability event. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
102.
The Accepting Party agrees that, to the extent not prohibited by law, in the event they incur any damages, losses or injuries that arise out of acts of the Company or omissions, the damages, if any, caused to them are not irreparable or sufficient to entitle them to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Company, and they will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Company.
103.
To the extent permitted by applicable law, any claim must be brought within one year after the claim arose. This does not limit any mandatory statutory limitation period that may not be shortened, in which case the deadline is as soon as legally allowed.
104.
Nothing in these Terms limits or excludes liability for intent, gross negligence, death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law. For Consumers, the limitations in this section apply only to the extent permitted by mandatory consumer law.”
105.
The Accepting Party agrees to defend (at the request of the Company), indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of the Accepting Party’s direct activities on BASH or those conducted on their behalf):
a.
their uploaded Content or other or use of BASH;
b.
their breach of the Terms;
c.
their violation of any Third-Party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
d.
their violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities;
e.
any misrepresentation made by them.
106.
The Accepting Party will reasonably cooperate with the Company in the defence of any claim that is subject to indemnification by the Accepting Party. Where the Accepting Party is an Organiser or otherwise acts in a business capacity, the Company may assume the defence and control of such claim. The Accepting Party may not settle any such claim in a way that imposes obligations on the Company or affects the Company’s rights without the Company’s prior written consent.
107.
Nothing in this section limits any mandatory rights of Consumers under applicable law.
108.
The Terms may be unilaterally terminated by the Company when the Accepting Party is permanently restricted from using BASH, or when the continued provision of BASH is no longer reasonably possible.
109.
The Accepting Party may unilaterally terminate the Terms by deleting their User account or deleting their Organisation Page.
110.
The Terms become effective as soon as they have been accepted and run:
a.
for Users for an indefinite period of time, until they delete their User account;
b.
for Organisers for an indefinite period of time, until they delete their Organisation Page;
c.
for Guests, for the duration necessary to complete the relevant transaction or event-related services, subject to any rights or obligations that survive termination.
111.
Nothing in these Terms limits any rights or remedies prescribed by applicable binding law.
112.
Termination immediately affects future access to BASH but does not affect rights or obligations that accrued before termination for either party unless they cannot be reasonably upheld, including payment obligations, legal retention obligations, and any rights that cannot be excluded under mandatory law.
113.
If the Accepting Party breaches the Terms in any way, they are liable for all damages thereof towards BASH or any Third Parties.
114.
The Terms and the Accepting Party’s use of BASH are governed exclusively by and made in accordance with the laws of the Netherlands, unless applicable law explicitly mentions otherwise.
115.
The Company always hopes to resolve any dispute amicably. If that does not work, claims may be brought before the competent court in Amsterdam, the Netherlands. The courts of the Netherlands have exclusive jurisdiction over disputes, unless mandatory consumer or procedural law provides another competent court.
116.
If at any time any provision of the Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any applicable jurisdiction, they will be replaced by lawful provisions that are as close to the original as possible. Furthermore, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.