Last updated on 11 September 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.
DPA, the Data Processing Agreement that discusses how the Company processes Personal data on behalf of the Organiser.
m.
Privacy Policy, the Company’s Privacy Policy where it explains how Personal Data will be processed.
n.
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. Any updated Terms accompanying an upgrade are governed by the change provisions in these Terms.
14.
The Company does not claim ownership of Content that the Accepting Party posts on or through BASH. The Accepting Party grants the Company a non-exclusive, non-transferable, royalty-free, worldwide licence to host, reproduce, adapt, display, distribute and otherwise use that Content only as necessary to provide, operate, secure and maintain BASH and perform the functionality selected or instructed by the Accepting Party. This includes displaying and distributing public Content through BASH’s discovery, recommendation and sharing features, subject to applicable visibility settings and, where applicable, the DPA. The Company may grant those rights to its service providers only as necessary for them to perform services for the Company for those purposes. Following removal of the Content or termination of the Terms, the licence continues only to the extent and for the period reasonably necessary to provide any agreed transition, settle transactions, comply with legal retention duties and delete Content from backups. Where Content includes Personal Data processed on behalf of an Organiser, this continued licence is subject to the return and deletion periods in the DPA. The licence ends when the Content is deleted, and retained Content may not be used for unrelated purposes.
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. The restrictions in this section do not prohibit integrations or automated access authorised by the Company, subject to the applicable access limits.
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, or post another person’s private or confidential information via BASH without a lawful basis and any permission required by law.
30.
Content posted in public or shared areas of BASH may be seen by other Consumers and Organisers, depending on where it is posted, the selected functionality and applicable visibility settings. Content is treated as non-confidential only to the extent the Accepting Party intentionally makes it public. Content provided in a private or access-restricted area, as a private upload or through restricted sharing is not made non-confidential merely by being provided or shared through BASH and may also be protected under the CONFIDENTIALITY section below. When the Accepting Party creates or makes available any Content, they 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. These visibility and personalisation features remain subject to the DPA’s role and data-use limits, including restrictions on access to private Organiser data, cross-marketing and identifiable benchmarking.
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.
The Accepting Party is encouraged to keep its own copies of important Content. Removed Content may not be recoverable, subject to the Company’s obligations under the DPA and any agreed export or retention arrangements. Any liability for loss of Content or changes to BASH is governed by the LIMITATION OF LIABILITY section.
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 chosen or contracted directly by the Accepting Party and acting independently of the Company. Nothing in this section excludes the Company’s responsibility under the Terms for service providers or subprocessors that the Company engages to provide BASH.
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 may suspend the affected services if it reasonably believes the Organiser is materially breaching its obligations under the Terms or another applicable agreement. It will give written reasons and, where the breach can be remedied, a reasonable opportunity to remedy it before termination. Immediate action may be taken where reasonably necessary to comply with law or address fraud, security or material payment risk. Measures must be proportionate. Any liability for such suspension or termination is governed by the LIMITATION OF LIABILITY section.
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 under either of the following models, as communicated to or agreed with the Organiser:
60.
(a) An independent ticket provider, such as Weeztix or Paylogic, supplies ticketing directly to the Organiser and controls the relevant funds. The Organiser’s arrangements with that provider govern collection, reserves, payouts and refunds. The Company may transmit instructions authorised by the Organiser and notify the provider of relevant risks, but technical access to the provider does not by itself authorise the Company to control the Organiser’s funds. The Company remains responsible for its own instructions, integration and conduct. Any agreed BASH fee may be deducted through the provider where the Organiser has authorised this.
61.
(b) The Company provides the ticketing or payment flow and may use a Third Party payment processor. Within its contractual or legal authority over the relevant funds, the Company may deduct agreed fees and process authorised refunds. Where it bears relevant payment risk, it may also take reasonably necessary and proportionate measures to delay or block payments, maintain reserves or issue refunds in response to actual or reasonably foreseeable refund, chargeback, fraud or payment-related legal exposure. Any restriction must be limited to the amount reasonably needed to cover that exposure; unaffected funds remain payable under the agreed payout schedule. The Company will promptly give the Organiser a written explanation of a measure taken under this paragraph, periodically review whether it remains necessary and proportionate, review it on reasonable request, and promptly release funds that are no longer reasonably required. The Company will consult the Organiser before issuing a discretionary refund, except where immediate action is required by law or mandatory payment-provider or payment-network rules, or is reasonably necessary to prevent fraud. The Organiser authorises deductions and debits that are reasonably necessary under this model for agreed fees, refunds and chargebacks and remains responsible for resulting amounts properly due.
62.
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.
63.
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.
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.
64.
For any pricing arrangements (per ticket, subscription, etc.) the following is applicable:
a.
Specific terms separately agreed in writing between the Company and the Organiser prevail over conflicting Terms only to the extent of the conflict. The DPA prevails on the processing and protection of Personal Data within its scope. Contractual liability remains subject to the LIMITATION OF LIABILITY section unless expressly varied in writing. The remaining Terms continue to apply.
b.
Unless otherwise agreed in the applicable commercial or accepted billing terms, an arrangement without a fixed term, ticket-volume or minimum commitment, or other defined scope is indefinite; an indefinite subscription may be cancelled by either party on 30 days’ written notice.
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.
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.
e.
The Company’s suspension and termination rights under these Terms remain subject to the safeguards in this ORGANISERS section and any applicable separate agreement.
f.
Fixed-term arrangements bind the parties until the agreed end date; ticket-volume, minimum or other commitments bind them for the agreed scope. Early termination, including for convenience, reduced use or changed business needs, is permitted only as expressly provided in these Terms, the applicable agreement or mandatory law.
i.
Where reasonably possible, suspension or termination must be limited to the affected services or arrangement.
ii.
The Organiser may terminate for the Company’s material, attributable breach of a material obligation if it remains uncured after written notice specifying the breach and a reasonable cure period of at least 30 days, or if the Company is declared bankrupt or granted a suspension of payments.
iii.
An isolated, temporary or remediable interruption does not alone justify termination if the Company makes reasonable efforts to remedy it and the agreed services are not materially and persistently prevented.
iv.
Force majeure suspends only the obligations it prevents. The Organiser may terminate a fixed-term arrangement on that basis only if it materially prevents the Company’s agreed services for more than 90 consecutive days and performance has not resumed within 30 days after written notice from the Organiser.
g.
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.
Costs payable under a contract that the Organiser enters into directly with a Third Party, such as an independent ticket provider, are the Organiser’s responsibility and are governed by that contract. Where the Company incurs a Third Party cost and passes it through to the Organiser, the Organiser is responsible for it only if the cost category and rate, or an objective basis for calculating the rate, were agreed in advance. The Organiser’s approval is required for costs outside those arrangements or above an agreed budget. The Company will provide reasonable supporting specifications on request and will not add a markup unless expressly agreed. Separate approval is not required for each transaction within an accepted usage-based pricing arrangement. The Company’s own service fees remain governed by the agreed pricing.
66.
The Company displays the Organiser’s name, logo and other brand elements on events, the Organisation Page and elsewhere as provided by the Organiser as part of the BASH services. The Company may also use the Organiser’s name and logo in public communications solely to identify the Organiser as a client of BASH, provided that this does not imply endorsement. Use of Organiser-specific results, attributed quotes, campaign materials, case studies or commercially sensitive information requires the Organiser’s prior written permission.
67.
By accepting the Terms, the Organiser also agrees with the Data Processing Agreement.
68.
Each of the Company and the Organiser must keep confidential the other party’s Confidential Information and protect it using at least reasonable care. “Confidential Information” means non-public commercial, technical or strategic information disclosed by or on behalf of a party that is identified as confidential or that should reasonably be understood to be confidential in the circumstances, including Organiser-specific sales, revenue, conversion, pricing, audience, campaign, planning and reporting data, private uploads and non-public Organiser-specific statistics, even where aggregated or anonymised. This includes information generated through the services for that party. It does not include information that the receiving party can demonstrate: (a) is public other than through a breach of confidence; (b) was lawfully known to it without a duty of confidence; (c) was lawfully received from a third party without a duty of confidence; or (d) was independently developed without use of the other party’s Confidential Information.
69.
The receiving party may use Confidential Information only to perform, receive or enforce the Terms and the services, including the limited internal use of anonymous general statistics expressly authorised by the DPA. It may disclose Confidential Information only to its staff, professional advisers and suppliers who need it for those purposes and are bound by appropriate confidentiality obligations. A party may disclose Confidential Information to the extent required by law or a competent authority, provided that, where legally permitted, it gives prompt notice and reasonable assistance to the other party.
70.
These obligations continue for five years after termination of the Terms. Information constituting a trade secret remains protected for as long as it remains a trade secret under applicable law. Any separate confidentiality agreement remains in force; where it provides stronger protection, that protection prevails.
71.
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.
72.
As far as permitted by law, only agreements concerning ticket purchases and other explicitly permitted instances are valid when made through BASH.
73.
A Consumer may purchase tickets (for free or paid) for an event hosted by an Organiser through BASH.
74.
If a Consumer purchases a ticket from an Organiser, a binding agreement is formed between the Consumer and the Organiser.
75.
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.
76.
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.
77.
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.
78.
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.
79.
Any measure by the Company to delay or block payments or payouts is governed by the applicable payment model and safeguards in the ORGANISERS section. An independent ticket provider may take measures under its own arrangements with the Organiser and applicable law.
80.
The Company may change, modify, revise, update, suspend or remove parts of BASH for valid product, technical, security, legal or operational reasons. Material changes, including changes to pricing for Organisers, will be notified where required by the Terms or applicable law.
81.
BASH and Content are provided on an “as is” and “as available” basis. To the extent permitted by law, the Company excludes warranties not expressly given, including warranties of fitness for a particular purpose.
82.
Availability may be affected by maintenance, updates or technical interruptions. The Company does not warrant that BASH will be uninterrupted or error-free, or that Third Party Content is accurate or complete.
83.
The disclaimers in this section do not override express contractual obligations or mandatory rights. The exclusions and limits in the LIMITATION OF LIABILITY section continue to apply.
84.
If the Company is liable for an attributable breach of the Terms, its liability is limited to direct loss caused by that breach, subject to the exclusions, cap and exceptions below. The Company is not liable to the extent loss is caused by the Accepting Party, an independent Third Party chosen or contracted directly by the Accepting Party, unlawful or inaccurate instructions, or an event beyond the Company’s reasonable control.
85.
To the extent permitted by law, the Company is not liable for indirect, incidental, special, punitive or consequential loss, or for lost ticket sales, loss of profit, revenue, goodwill, anticipated savings, business opportunity or data, or work stoppage, whether direct or indirect, even if foreseeable. This exclusion applies to loss arising from use of, inability to use or the performance of BASH; Content; an investigation or lawful action by the Company or a competent authority; or errors or omissions in BASH.
86.
Subject to the exceptions below, the Company is not liable for delay or failure to the extent caused by an event beyond its reasonable control whose effects could not reasonably have been avoided or overcome, including:
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.
failure of an external supplier where, and only to the extent that, the failure and its effects were beyond the Company’s reasonable control and could not reasonably have been avoided or overcome;
i.
Cybercrime.
87.
Subject to the exceptions below, the Company’s aggregate liability to the Accepting Party arising out of or in connection with the Terms, whether in contract, tort, indemnity or otherwise, will not exceed the total BASH fees paid to the Company in the three months preceding the event giving rise to liability. BASH fees exclude ticket proceeds, VAT and genuine Third Party or pass-through amounts. This cap also applies to contractual claims concerning confidentiality, data protection, security and intellectual property unless an exception below applies.
88.
Nothing in these Terms prevents either party from seeking interim or injunctive relief where available under applicable law.
89.
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.
90.
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.
91.
Where the Accepting Party acts as an Organiser or otherwise in a business capacity, it will indemnify the Company against third-party claims, liabilities, damages, losses and reasonable legal costs to the extent attributable to: (a) Content, events, products or services supplied or offered by it or on its behalf; (b) its unlawful instructions; (c) its failure to obtain required permissions, consents or licences, or its infringement of third-party rights; (d) its breach of the Terms or applicable law; or (e) its misrepresentations. The indemnity does not apply to the extent a claim is caused by the Company’s breach of the Terms, negligence, intent or gross negligence.
92.
The Company will promptly notify the indemnifying party of a claim; delay reduces the indemnity only to the extent it materially prejudices the defence. That party will defend the claim with counsel reasonably acceptable to the Company, unless the Company elects to assume its defence and control. Reasonable defence costs are covered by the indemnity, and the parties will reasonably cooperate. Neither party may settle a claim in a way that admits fault by, imposes an obligation on or restricts the rights of the other without that party’s prior written consent, not to be unreasonably withheld or delayed.
93.
Nothing in this section limits any mandatory rights of Consumers under applicable law.
94.
The Company may terminate the Terms following a permanent restriction or where continued provision of BASH is no longer reasonably possible, subject to the applicable safeguards in these Terms and any agreed service commitments.
95.
The Accepting Party may stop using BASH and delete their User account or Organisation Page. For an Organiser, doing so does not itself end an agreed fixed term, ticket-volume, minimum or other commitment or release amounts due, except under a valid termination right in these Terms, the applicable agreement or mandatory law.
96.
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.
97.
Nothing in these Terms limits any rights or remedies prescribed by applicable binding law.
98.
Termination ends future access to BASH, subject to any agreed transition or export arrangements. Accrued rights and obligations survive, including payment and legal retention obligations. The effect on fixed-term or minimum commitments follows the ORGANISERS section and any applicable agreement, subject to mandatory law.
99.
Liability arising from a breach of the Terms is determined under the Terms and applicable law, including the LIMITATION OF LIABILITY and INDEMNIFICATION sections. Nothing in this paragraph gives a Third Party an independent right to recover damages under the Terms.
100.
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.
101.
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.
102.
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.