bandit
Terms and Conditions
October 8, 2024
GENERAL TERMS

These are the General Terms and Conditions of Bandit B.V., operating under the name 'Bandit' and ‘bandit.events’ with offices at Frankenslag 15C, 2582HC, The Hague, Netherlands. The following conditions describe under which assumptions you ("User") may use the services offered by Bandit. Services include all services of Bandit, i.e., the website, the online dashboard, the Bandit mobile applications, and Bandit hardware. By using our services, you accept the following General Terms and Conditions. If you have any questions about the General Terms and Conditions, you can contact us via the contact form.

The following terms and definitions apply to these general terms and conditions:

Term Definition
User The individual or legal entity utilizing the services offered by Bandit.
General Terms and Conditions The legal terms outlining the rights and obligations of Bandit and the User.
Services All offerings, including website, mobile applications, hardware, and other services provided by Bandit.
VAT Value Added Tax applied to the costs and fees as applicable by law.
Service Level Agreement (SLA) The agreement that defines the level of service expected from Bandit, including remedies for service interruptions. Please refer to our website for the latest version of the Service Level Agreement.
Push A notification or message sent to the User via Bandit's platform or services.
my.bandit The online dashboard through which the User can access and manage Bandit's services.
Organizer The entity responsible for organizing events and selling tickets through Bandit's platform.
Visitor An individual purchasing a ticket through Bandit's platform to attend an event.
Ticket A proof of purchase for entry to an event, provided through the Platform.
Platform The online system that facilitates the interaction between the User, Organizer, and Visitor for services, ticket and digital token purchases.
Agreement A legally binding arrangement between Bandit and the User or between the Organizer and the Visitor.
Dutch Civil Code The legal framework under Dutch law governing consumer and commercial transactions.
Service Credits Credits that can be used by the User for services offered by Bandit.
Service Fees The fees charged by Bandit for providing services or additional offerings.
Transaction Fees Additional charges associated with specific payment methods or financial transactions.
Privacy Policy Bandit's policy regarding the collection and processing of personal data. Please refer to our website for the latest version of the Privacy Policy.
Vienna Sales Convention An international sales law treaty, explicitly excluded from these Terms.
GENERAL

These General Terms and Conditions apply to all offered services and to all offers, quotes, and agreements made between Bandit and the User in the context of the offered services. Any deviations from these General Terms and Conditions are only valid if expressly agreed upon in writing. The applicability of any purchasing, delivery, or other conditions of the User is expressly rejected. By filling out the registration form, the User explicitly agrees to these General Terms and Conditions.

SERVICES / RATES

All mentioned rates are, unless otherwise agreed, exclusive of VAT and other government levies, as well as any costs to be incurred under an agreement, including shipping, administration, and handling costs. Bandit is not bound by its offers if the User, based on the principles of reasonableness and fairness and the commonly accepted opinions in society, should have understood that the offer or quote, or part thereof, contains an obvious mistake or error. Bandit reserves the right to change rates without justification. If rates are changed, this will always be mentioned on the Bandit website under the relevant service. All third party services are charged by the respective parties and these charges (e.g. iDeal and/or banking charges) are for the client’s own expense and are never included in Bandit’s rates unless specified otherwise.

Bandit is not liable for short-term or long-term interruptions of the services or the transmission of data through its systems. Bandit also does not guarantee the full and permanent availability of all services. Discounts or waivers of costs for the User apply in case of Service disruptions in accordance with the agreements in the Service Level Agreement (SLA).

Bandit explicitly does not guarantee that a Push message or email sent from the dashboard (my.bandit) will always be received correctly and on time. All deadlines and dates mentioned by Bandit are target dates unless explicitly agreed otherwise in writing. Bandit is only in default after first being given written notice and a reasonable period for rectification has been provided. Bandit has the right to have certain work or services performed by third parties. All payments to Bandit must be made no later than 14 days after the invoice date, in a manner specified by Bandit and in the currency invoiced. Objections to the amount of the invoices do not suspend the payment obligation. The User is not entitled to offset any (alleged) counterclaims against Bandit with invoices sent. If the User fails to pay within the 14-day period, the User is automatically in default. The User uses Bandit's services on a subscription basis. If the User wishes to terminate the agreement with Bandit, this must be done before the start of the month in which the agreement will be terminated. For terminating the agreement, Bandit applies a 30-day notice period.

USER OBLIGATIONS

The User shall act and behave in all respects as a responsible and careful user of transaction services and is required to observe the applicable legal rules and the rules established by Bandit when using Bandit's services. Bandit only provides services that can be used to make local transaction ecosystems more efficient. Bandit is in no way responsible for how the User uses Bandit's services. Bandit cannot be held liable for misconduct or damage resulting from the User's choices regarding implementation or use. The User is responsible for overseeing how Bandit is used at their location and indemnifies Bandit for damage resulting from unintended use of services, as stated in the fair use policy. Regarding communication by the User, the User is fully responsible for the content of sent messages. The User indemnifies Bandit against damage resulting from the content of sent emails or push messages. The User will not send messages whose content or expression thereof harms or may harm the interests of Bandit, its partners, or its advertisers. The User will in no way use Bandit's services for expressions that are unlawful, pornographic, offensive, racist, discriminatory, inflammatory, or contain any illegal content. Bandit is authorized to suspend the fulfillment of obligations or terminate an agreement if the User fails to meet or fully meet their obligations. Furthermore, Bandit is authorized to terminate an agreement for the provision of services if the User applies for a moratorium or bankruptcy or is declared bankrupt. If, at the time of dissolution and/or termination, the User has already received performances for the execution of the services, these performances and the associated payment obligation will not be subject to undoing. Amounts invoiced by Bandit before the dissolution in connection with what it has already performed to execute the services become immediately due upon dissolution. Without prejudice to its other rights, Bandit is entitled to terminate the agreement with immediate effect in case: the User fails to meet their obligations or acts contrary to the General Terms and Conditions; the User's medium, in Bandit's opinion, could conflict with public order or good morals or could in any way be offensive or violent; and/or Bandit could suffer damage from it in some way. Bandit has the right to terminate the registration of a registered User if they have not used Bandit's services for a consecutive period of twelve (12) months. Any remaining credits will be removed. Complaints about the services provided and/or performed must be reported by the User to Bandit within 14 days of discovery. The notice of default must contain as detailed a description as possible of the deficiency, enabling Bandit to respond adequately. If a complaint is well-founded, Bandit will still provide the service unless it has demonstrably become redundant for the User. The latter must be communicated in writing by the User. The User is not permitted to use Bandit's services for actions and/or behaviors that are contrary to applicable legal provisions, netiquette, the guidelines of the Advertising Code Committee, the agreement, or these General Terms and Conditions. This includes, but is not limited to, the following actions and behaviors: spamming: sending large quantities of emails with the same content without consent and/or posting a message with the same content in large numbers of newsgroups on the internet without consent; infringing on copyright-protected works or otherwise acting in violation of third-party intellectual property rights; misleading third parties; misusing Bandit's texts, logo, or information; offering non-own products or services without the rightful owner's permission; offering products or services that are not legal under Dutch law. If the User acts contrary to what is stated in this article, Bandit has the right to terminate the agreement with the User immediately. All damage to Bandit or third parties caused by actions contrary to this article can be recovered from the User. The User is required to carefully, professionally, and as a good householder, use everything they rent or borrow from Bandit in accordance with the applicable legal provisions and regulations and the instructions of Bandit and/or the manufacturer for the intended purpose and not use it contrary to the aforementioned. Everything rented or borrowed by the User from Bandit remains the property of Bandit and must be returned to Bandit upon first request.

Ticketing

The Services provided by Bandit to the Visitor consist of granting the Visitor access to the Platform for purchasing Ticket(s). For each individual purchase of Ticket(s), a one-time Agreement is formed between Organizer and the Visitor. When the Visitor purchases an Ticket via the Platform for an event organized by the Organizer, a purchase agreement for the Ticket(s) is created between the Visitor and the Organizer, with the Organizer acting as the seller and the Visitor as the buyer. This purchase agreement is facilitated through the Platform, but Bandit is explicitly not a party to it. Bandit’s role is limited to providing the Platform’s Services, and it is not liable for the event or any matters related to it. The Organizer’s business information will be made available via the Platform. The Visitor pays for the Ticket via the Platform. After completing the payment, the Visitor will receive the Ticket(s) or a hyperlink to access them via email and will be able to download them to the Bandit app. The payment from the Visitor is directly received by the Organizer. The Ticket serves as an admission ticket to an event organized by the Organizer respecting the terms and conditions set by the Organizer and is offered to the Visitor through the Platform by Bandit. The price of the Ticket(s) is displayed to the Visitor on the Platform. Upon purchasing the Ticket(s), the Visitor is required to Organizer the ticket price, along with any applicable service fees per ticket. The Visitor can make the payment online using the methods available on the Platform. If any extra transaction fees apply to the chosen payment method, this will be stated on the Platform. The Organizer has the right to change ticket prices at any time. Bandit is not liable for price changes made by the Organizer or for any typographical or clerical errors related to the prices displayed on the Platform. The Visitor cannot hold Bandit responsible for prices that are clearly incorrect or the result of an obvious mistake. The Visitor is responsible for obtaining information about the event for which the Ticket(s) were purchased. Bandit is not responsible for changes, delays, or cancellations of the event by the Organizer. In the event of changes, the Visitor must seek any necessary compensation directly from the Organizer. Upon purchasing the Ticket(s), a binding remote agreement is established between the Visitor and the Organizer. Due to the nature of the service, the purchase of Ticket(s) cannot be canceled. The purchase agreement is final and irrevocable. The right of withdrawal under Article 6:230o paragraph 1 of the Dutch Civil Code does not apply, in accordance with Article 6:230p subsection e of the Dutch Civil Code. By accepting these General Terms and Conditions, the consumer explicitly agrees in advance that the digital content of the Ticket(s) will be provided immediately and waives their right to cancel the purchase. Bandit grants the Organizer and Visitors access to the Platform and Services remotely via the internet. When purchasing a digital Ticket, Bandit will ask the Visitor to provide at least the following personal information: i. First name, ii. last name, iii. email address. This information is necessary to make the Ticket(s) available to the Visitor. In addition to the aforementioned information, the Organizer may ask the Visitor, via the Platform, to provide additional personal details such as email address, gender, and date of birth. When purchasing multiple Ticket(s), the Organizer may require the Visitor, via the Platform, to personalize each ticket purchased by providing the personal details of the attendees, other than the Visitor, such as first and last name, email address, gender, and date of birth. The Visitor must at least be reachable via email to purchase any tickets. The Visitor is responsible for and guarantees the accuracy, completeness, and correctness of all information and data provided to Bandit, even if it concerns other visitors, and declares to have the lawful right to provide such information. Bandit is not liable for any delayed or unclear transmission of information or obvious typographical errors, regardless of whose information is involved or to whom it is provided. Bandit reserves the right at all times and under any circumstances to not process the purchase of any Ticket via the Platform or to fulfill it under different conditions. Bandit is entitled to implement (additional) technical measures to prevent unlawful use or use for purposes other than those agreed upon between the Parties. Regarding the use of the Services and the Platform, Bandit is also authorized to take measures to prevent or limit liability towards third parties. In the event of (potential) violations of these General Terms and Conditions, Bandit may deny, restrict, or suspend access to the Services and/or the Platform for both the Organizer and Visitors. By purchasing Ticket(s), the Visitor agrees to act in accordance with these General Terms and Conditions. Bandit may take any measures it deems necessary, including but not limited to blocking the sale and/or purchase of Ticket(s) on the Platform and/or temporarily disabling or limiting the use of the Platform. Specifically, access to the Platform may be denied or restricted based on the Visitor's commercial history and behavior on the Platform, all at Bandit's discretion. Bandit is entitled, without prior notice, to deactivate the Platform or limit its use without needing to provide a reason and without any right to compensation for the Visitor arising from this. In the event of a ticket refund, the Visitor will always receive the amount paid for the Ticket, with the service fees deducted. Bandit will not process a refund without the Organizer’s authorization and cooperation.

PAYMENT TERMS

The User is liable for the fee determined by Bandit for the package chosen by the User, the fixed fee for additional services, and the fee per transaction as determined by Bandit. This fee is based on the package chosen by the User. This fee also applies when the User sells, buys, or redeems credits in exchange for goods. Payment, including VAT if applicable, will be made via the payment method chosen by the User. Bandit is entitled to change the fee per package, additional service, and per transaction at any time. If the User does not wish to accept a change in the fee and/or costs, the User may terminate the agreement. Bandit operates on an invoicing (post-payment) basis. The User will receive an invoice for the services used, which will be paid via the payment method chosen by the User. Refunds are not possible when switching to a cheaper package. No rights can be derived from the User's Service Credits. Any remaining Service Credits at the end of the agreement will expire as a result of the termination without Bandit being obliged to provide any refund.

GENERAL LIABILITY

Bandit is never liable for damage suffered by the User due to shortcomings by Bandit in the execution of the agreement unless such damage is due to intent or deliberate recklessness by Bandit. If Bandit should be liable for any damage, this liability is limited to what is regulated in these General Terms and Conditions. Except for the cases mentioned in this article, Bandit has no liability for compensation, regardless of the grounds on which an action for compensation would be based. Bandit's total liability for attributable shortcomings in fulfilling an agreement is limited to compensating direct damage up to the amount of the price or fee agreed upon for the service over a period of no more than six (6) months, with a maximum of 1,000 euros. Bandit is never liable for indirect damage, including consequential damage, lost profits, lost data, missed savings, and damage due to business interruption. Bandit strives to transmit User data securely. However, Bandit does not guarantee the complete security of such data, and the User acts at their own risk in this regard. The User indemnifies Bandit against claims from third parties regarding intellectual property rights to materials or data provided by the User that are used in the execution of a service or made available by the User. The User also indemnifies Bandit against other possible claims from third parties who suffer damage in connection with the execution of the services and which are attributable to the User. During pilots with external parties, Bandit bears no responsibility for the actions or inactions of those parties. The User is liable for all damage that is caused by their improper use of the services, equipment, or hardware provided by Bandit. The User indemnifies Bandit from any third-party claims related to their use of Bandit’s services.

INTELLECTUAL PROPERTY

All intellectual property rights related to the services, software, documentation, and any other materials developed and/or made available under the agreement, including but not limited to designs, texts, drawings, and images, rest exclusively with Bandit or its licensors. The User only acquires the rights of use and powers explicitly granted by these terms or otherwise expressly granted in writing. The User is not allowed to copy, distribute, make public, or use these materials in any other way except as necessary to use the service.

PRIVACY

Bandit processes personal data in accordance with its Privacy Policy, which is available on the Bandit website. By using the services, the User consents to the processing of their personal and/or company data as described in the Privacy Policy.

AMENDMENTS TO TERMS AND CONDITIONS

Bandit reserves the right to amend or supplement these General Terms and Conditions. Changes will be announced to the User through the website or via email. If the User does not agree with the changes, the User may terminate t he agreement in writing within thirty (30) days of the announcement, provided that the User indicates that the reason for termination is due to the changes in the terms.

APPLICABLE LAW AND DISPUTES

All legal relationships to which Bandit is a party are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded. Any disputes arising out of or in connection with an agreement or the execution thereof that cannot be resolved amicably will be submitted to the competent court in The Hague, unless mandatory legal provisions specify another competent court.

MISCELLANEOUS

If any provision of these General Terms and Conditions is found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision will be replaced by a provision that approximates the intent and economic effect of the invalid provision as closely as possible. This concerns a English translation, the Dutch version of the Terms and Conditions is always leading. These General Terms and Conditions constitute the entire agreement between Bandit and the User regarding the subject matter hereof and supersede all prior agreements, understandings, and negotiations, whether written or oral, with respect to such subject matter.

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© 2024 Bandit B.V.
KvK 94850674
Frankenslag 15C, 2582HC, 's-Gravenhage