Bermevents Terms of Service
Effective date: [To be set on publish] Last updated: [To be set on publish]
Introduction
These Terms of Service ("Terms") are a legally binding agreement between you ("you", "buyer", or "user") and Aaron de Silva, trading as Bermevents ("Bermevents", "we", "us", or "our"), a Bermudian sole proprietorship. By accessing bermevents.com ("Platform") or purchasing a ticket through the Platform, you agree to be bound by these Terms. Please read them carefully before completing any purchase.
If you do not agree to these Terms, do not use the Platform.
1. About Bermevents
1.1 We Are a Marketplace, Not an Event Operator
Bermevents is a technology platform that allows event organizers ("Organizers") based in or operating within Bermuda to list events and sell tickets to buyers. Bermevents does not operate, produce, manage, or control any event listed on the Platform. Events are organized, hosted, and operated solely by the Organizer identified on each event listing.
1.2 Our Role
We provide the technology that connects buyers and Organizers. We are not a party to any agreement between you and an Organizer. We do not guarantee the quality, safety, legality, or execution of any event.
1.3 Who We Are
Bermevents is operated by Aaron de Silva, a Bermudian sole proprietorship. Our contact information is:
- Trading name: Bermevents
- Website: bermevents.com
- Email: aaron@bermevents.com
- Mailing address: 5 Cedarberry Drive, Lower Studio, Hamilton Parish CR 02, Bermuda
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is higher), to purchase tickets through the Platform. If you are a minor, a parent or legal guardian must make the purchase on your behalf and must accept these Terms on your behalf. By completing a purchase, you represent that you meet this age requirement.
2.2 Accurate Information
You agree to provide accurate, complete, and current information when registering an account or completing a purchase. You are responsible for maintaining the confidentiality of any account credentials and for all activity that occurs under your account.
2.3 Bermuda Events Focus
The Platform is designed for events taking place in Bermuda. We make no representation that the Platform or its content is appropriate for use in any jurisdiction outside Bermuda.
3. Ticket Purchases and Payment
3.1 Payment Processing
All payments are processed by Checkout.com, a third-party payment processor licensed and regulated in the United Kingdom, European Union, and United States. Checkout.com acts as the Merchant of Record for payment processing on this Platform. Bermevents does not hold, store, or process your payment card data. By completing a purchase, you also agree to Checkout.com's applicable terms and policies.
3.2 Flow of Funds
When you purchase a ticket, your payment flows from your card to Checkout.com, and from Checkout.com to the Organizer's account within the Checkout.com system. Bermevents retains a platform fee from each transaction. Bermevents does not hold customer funds at any point in this process.
3.3 Ticket Prices and Fees
Ticket prices are set by the Organizer. Bermevents may add a service fee to the total price. All fees will be disclosed clearly before you confirm your purchase. All amounts are displayed in the currency shown at checkout.
3.4 Order Confirmation
A purchase is not complete until you receive a confirmation email from Bermevents. We reserve the right to cancel or not fulfill an order where there has been a pricing error or technical issue, in which case we will notify you and coordinate a refund with the Organizer and Checkout.com.
3.5 Ticket Delivery
Tickets are delivered electronically to the email address you provide at checkout. You are responsible for providing a valid email address. Bermevents is not liable for failed delivery due to incorrect contact details, spam filters, or email system issues beyond our reasonable control.
4. Refunds and Cancellations
4.1 Organizer Refund Policies
Each Organizer sets their own refund policy, which is disclosed on the relevant event listing page before you complete your purchase. You should review the Organizer's refund policy carefully before buying.
4.2 Bermevents Does Not Issue Refunds
Bermevents does not issue refunds directly. Refunds, where applicable under the Organizer's policy, are processed by the Organizer through the Checkout.com refund mechanism. To request a refund, contact the Organizer directly using the contact details on the event listing or by emailing aaron@bermevents.com for assistance in reaching the Organizer.
4.3 Event Cancellations and Changes
If an event is cancelled, postponed, or materially changed (including venue changes), any refund obligation rests with the Organizer, not with Bermevents. Bermevents will use reasonable efforts to notify affected buyers of any changes communicated to us by the Organizer, but we cannot guarantee the accuracy or timeliness of such notifications.
4.4 Bermevents Platform Fee
Unless otherwise stated by the Organizer's policy, the Bermevents platform service fee may be non-refundable even where a ticket refund is granted by the Organizer.
5. Chargebacks and Payment Disputes
5.1 Card Network Rules Apply
If you initiate a chargeback or payment dispute with your bank or card issuer, the outcome is determined by your bank and the applicable card network rules. Both Bermevents and Checkout.com are bound by those rules.
5.2 Contact Us Before Disputing
Before initiating a chargeback, we encourage you to contact us at aaron@bermevents.com. Many issues can be resolved faster through direct communication with us and the Organizer than through the card dispute process.
5.3 Chargeback Abuse
Bermevents reserves the right to suspend or terminate the account of any user who abuses the chargeback process, including filing chargebacks for orders that were fulfilled in accordance with the applicable Organizer's terms. We may also refer suspected fraudulent disputes to law enforcement.
6. Marketplace Disclaimer and Organizer Responsibility
6.1 Events Are the Organizer's Responsibility
All aspects of the event, including but not limited to venue conditions, safety, security, event quality, performance by any artist or entertainer, cancellation, postponement, schedule changes, and all other event-related matters, are solely the responsibility of the Organizer. Bermevents is a marketplace platform only.
6.2 Your Recourse Is Against the Organizer
For any claim, dispute, or complaint arising from or related to an event itself (including any personal injury, property damage, or loss suffered at or in connection with the event), your primary recourse is against the Organizer, not against Bermevents. You agree to direct such claims to the Organizer first.
6.3 Indemnification by Buyer
You agree that Bermevents is not liable for, and you will not bring claims against Bermevents in relation to, any act or omission of an Organizer, including event cancellations, changes, quality issues, personal injury, or any other event-related matter. Nothing in this clause limits your statutory rights that cannot be waived under applicable Bermuda law.
6.4 No Endorsement
The listing of an event on the Platform is not an endorsement, recommendation, or certification of the Organizer or the event by Bermevents.
7. Disclaimer of Warranties
7.1 "As Is" Service
The Platform and all content, features, and services are provided "as is" and "as available" without any warranty of any kind, express or implied. To the fullest extent permitted by applicable law, Bermevents expressly disclaims all warranties, including but not limited to:
- warranties of merchantability or fitness for a particular purpose;
- warranties that the Platform will be uninterrupted, error-free, or secure;
- warranties regarding the accuracy or completeness of any event information provided by Organizers;
- warranties of event quality, Organizer performance, or attendee experience; and
- warranties that any specific event will take place as described.
7.2 No Guarantee of Availability
We do not guarantee that the Platform will be available at any particular time. We may perform maintenance, updates, or modifications to the Platform at any time.
8. Limitation of Liability
8.1 Exclusion of Consequential Damages
To the fullest extent permitted by applicable law, Bermevents and its owner, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or loss of enjoyment, arising from or related to your use of the Platform or attendance at any event, regardless of whether Bermevents has been advised of the possibility of such damages.
8.2 Aggregate Liability Cap
Bermevents's total aggregate liability to you for any and all claims arising from or related to your use of the Platform is capped at the lesser of:
(a) the total platform fees paid by you to Bermevents in the 12 months immediately preceding the event giving rise to the claim; or
(b) USD $500.00.
This cap applies regardless of the form of action (contract, tort, statute, or otherwise) and to the fullest extent permitted by Bermuda law.
8.3 Exceptions
Nothing in these Terms limits Bermevents's liability for fraud, willful misconduct, or any other liability that cannot be excluded or limited under applicable Bermuda law.
9. Acceptable Use
9.1 Permitted Use
You may use the Platform to browse events, purchase tickets for personal use, and manage your ticket orders.
9.2 Prohibited Conduct
You must not:
(a) use the Platform for any unlawful purpose or in violation of any applicable Bermudian or international law;
(b) purchase tickets using false, fraudulent, or stolen payment details;
(c) use automated tools, bots, scripts, or scrapers to access the Platform, purchase tickets, or circumvent any security or access controls;
(d) resell or attempt to resell tickets at a price above face value (scalping) without the prior written consent of the relevant Organizer;
(e) purchase tickets for commercial resale at a markup without Organizer consent;
(f) impersonate another person or provide false identity information;
(g) interfere with or disrupt the integrity or performance of the Platform or its infrastructure; or
(h) attempt to gain unauthorized access to any part of the Platform, other users' accounts, or Bermevents's systems.
9.3 Enforcement
Bermevents reserves the right to cancel tickets purchased in violation of this section, suspend or terminate accounts, and take legal action where appropriate. Tickets cancelled for violations may not be refunded.
10. Intellectual Property
10.1 Bermevents Ownership
The Platform, including its name, logo, branding, design, software, databases, and all content created by Bermevents, is owned by or licensed to Bermevents and is protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any Platform content without our prior written permission.
10.2 Your Content
You retain ownership of any personal information, profile content, or other content you submit to the Platform ("Your Content"). By submitting Your Content, you grant Bermevents a non-exclusive, royalty-free, worldwide license to use, store, display, and process Your Content to the extent necessary to provide the Platform services.
10.3 Permitted Use of Platform Content
All Platform content is for your personal, non-commercial use only. You may not use Platform content for any commercial purpose without our written consent.
11. Privacy and Data Protection
11.1 Privacy Policy
Your use of the Platform is also governed by our Privacy Policy, available at bermevents.com/privacy. By using the Platform, you consent to the collection and use of your personal information as described in the Privacy Policy.
11.2 PIPA Compliance
Bermevents is committed to complying with the Bermuda Personal Information Protection Act 2016 ("PIPA"), which came into force on 2025-01-01. Your personal information is collected, stored, and used in accordance with PIPA and as described in our Privacy Policy.
11.3 Data Sharing with Organizers
When you purchase a ticket, we share relevant personal information (such as your name and contact details) with the Organizer to facilitate event attendance. Organizers are required to handle your information in compliance with applicable law.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Bermuda, without regard to conflict of law principles.
12.2 Dispute Resolution by Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Platform, or any ticket purchase ("Dispute") that cannot be resolved informally (see Section 12.3) will be finally resolved by binding arbitration in accordance with the Bermuda Arbitration Act 1986, as amended. The seat and venue of arbitration will be Hamilton, Bermuda. The language of the arbitration will be English. The decision of the arbitrator will be final and binding and may be enforced in any court of competent jurisdiction.
12.3 Informal Resolution First
Before initiating formal arbitration, you agree to contact Bermevents at aaron@bermevents.com and provide written notice of your Dispute. We will attempt in good faith to resolve the Dispute informally within 30 days of receiving notice. If we cannot reach a resolution within that period, either party may initiate arbitration.
12.4 No Class Actions
To the fullest extent permitted by law, all Disputes must be brought in the party's individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.
13. Modifications to These Terms
13.1 Right to Modify
Bermevents reserves the right to modify these Terms at any time. We will provide at least 30 days' advance notice of material changes by posting the updated Terms on the Platform and, where reasonably practicable, by emailing you at the address associated with your account.
13.2 Continued Use Constitutes Acceptance
Your continued use of the Platform after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
13.3 Minor Changes
We may make minor or non-material changes (such as correcting typographical errors or clarifying existing provisions) without prior notice, effective immediately upon posting.
14. Termination and Suspension
14.1 By You
You may stop using the Platform at any time. If you have an account, you may request deletion by contacting us at aaron@bermevents.com. Termination of your account does not affect any outstanding ticket purchases or obligations under these Terms.
14.2 By Bermevents
We may suspend or terminate your access to the Platform at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent conduct, or if your use poses a risk to the Platform or other users. Bermevents is not liable for any loss resulting from a termination or suspension made in good faith.
14.3 Survival
Sections relating to intellectual property, disclaimers, limitation of liability, dispute resolution, indemnification, and any other provisions that by their nature should survive, will survive termination of these Terms or your account.
15. General Provisions
15.1 Entire Agreement
These Terms, together with the Privacy Policy and any additional terms applicable to specific features or promotions on the Platform, constitute the entire agreement between you and Bermevents with respect to your use of the Platform. They supersede all prior agreements, representations, and understandings, whether oral or written.
15.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. A waiver of any specific breach will not constitute a waiver of any subsequent or other breach.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Bermevents may assign these Terms or any rights hereunder without restriction, including in connection with a sale or transfer of the business.
15.5 Notices
Notices from Bermevents to you will be provided via the email address associated with your account or by posting on the Platform. Notices from you to Bermevents must be sent to aaron@bermevents.com or by post to the mailing address in Section 1.3.
15.6 No Third-Party Beneficiaries
These Terms do not confer any rights on third parties, except that Organizers are intended third-party beneficiaries of Section 6 (Marketplace Disclaimer and Organizer Responsibility) to the extent it allocates claims responsibility between buyers and Organizers.
16. Contact Us
For any questions, concerns, or disputes regarding these Terms or the Platform:
Email: aaron@bermevents.com Mail: Aaron de Silva, trading as Bermevents, 5 Cedarberry Drive, Lower Studio, Hamilton Parish CR 02, Bermuda
We aim to respond to all inquiries within 5 business days.
These Terms were last updated on [To be set on publish]. This is a draft document. Do not rely on this document as legal advice. Please consult a Bermuda-qualified lawyer before publishing.