1. These Terms
These terms and conditions (“Terms”) govern your participation in and use of the AVA Experience platform (“Platform”) and any other app, website or web pages or other electronic services operated by Ava Experience Limited (“the Services”). These Terms set out the terms of your relationship with Ava Experience Limited (“we”, “us” or “AVA”).
We may also provide hosted auctions for our partners (“Hosted Auctions”). Hosted Auctions are separate auction pages or sites where Users can bid for or purchase exclusive Experiences which may not be listed on the Platform with other Experiences. These terms will apply to Users who bid on Hosted Auctions unless otherwise specified.
These Terms constitute an agreement (the “Agreement”) between us and you. Please read these terms carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms in full, please do not register with us or use the Services.
These terms and conditions will apply at any time when you use the Services and by continuing to use the Services you accept these Terms.
These Terms may be amended from time to time. Any amendments or new terms and conditions will be available on our Website and the terms and conditions on the Website at the time you enter into an agreement with us will be the ones that apply. If you do not wish to be bound by any such amendments please stop using the Services, by continuing to use the Services you will be deemed to have accepted the new terms.
When using our Services you will be invited to register with us to become a member. Registration is not necessary to be able to access the Services or the Platform. However you will not be able to place bids for or purchase events, experiences, goods and/or services (“Experiences”) which are made available by our experience providers (“Experience Providers”) if you are not a registered member.
We are not obliged to permit anyone to register with the Platform and we reserve the right to refuse registration to anyone for any reason.
3. Data Protection
You agree that personal information supplied to us will be kept up to date. We will use the information provided to us to contact you.
Please note that any Redemption Codes for Experiences will be sent to the email address you have registered with us.
If we have reason to believe that there is likely to be a breach of security or misuse of the Services through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Services.
You are not entitled to allow any other person to use or borrow your log in details or password, each additional user must use and register for the Services separately.
We negotiate and advertise Experiences with Experience Providers on behalf of our members. Hosted Auctions may not be advertised on the Platform.
Each Experience may have specific terms and conditions which apply to that Experience or to the venue or provider. Those terms and conditions may be displayed on the Platform in relation to any specific experience or may be general terms and conditions of the venue or Experience Provider, please make sure you check for applicable terms and conditions before making any bid or purchase.
Hosted Auctions may be subject to additional terms and conditions specified by the Experience Provider.
Terms may include age, location, physical and medical restrictions, when the Experience may be redeemed and takes place and deadlines for redemption of the Experience.
We are not the supplier of any Experience, the supplier of the Experience will be a third party Experience Provider. The identity of the Experience Provider will be made clear on the relevant auction page on the Platform. The Experience Provider is solely responsible for supplying the Experience.
Once a booking has been made with an Experience Provider you are also bound by the terms and conditions of that Experience Provider (“Experience Terms”). It’s therefore important that you understand the Experience Terms and specifically any terms in relation to changing or cancelling a booking.
When purchasing or redeeming an Experience, you acknowledge that Experiences are dependent on factors beyond our control and agree we are not liable for the cancellation, postponement or alteration of any Experience for reasons beyond our reasonable control.
Experiences may on occasion be withdrawn due to circumstances outside of our control. We will not be held liable for any costs incurred as a result of such withdrawal.
Experience descriptions, formats and timings provided on the Platform and elsewhere are only intended to provide a general indication of the Experience. Photographs are for illustrative purposes only, do not represent the Experience you may receive on winning an auction and do not form part of any agreement between you and us or between you and any Experience Provider.
We will not be responsible for descriptions by or on any third party or Experience Providers’ websites or in any other materials.
Some Experiences will be for specific dates and times and it is your responsibility to ensure that you are able to attend on these specified times and dates.
Other Experiences may be more flexible and allow you to book a time and date that is preferable to you. This may still be bound by certain terms, such as certain days or times that the experience is available.
All Experiences are subject to availability.
If any Experience does not live up to its description the matter should be resolved directly with the provider of that experience. We accept no responsibility and will have no liability to you if the Experience does not meet your requirements or you find the Experience unsatisfactory in some way. Any right of action or claim will be against the Experience Provider. However, we want our members to have great experiences and do not want to work with Experience Providers that fall short of our high standards. If you are disappointed with your Experience, please contact us via email at: [email protected]
You may bid for Experiences through the Platform or for Hosted Experiences on the relevant site or page for that Hosted Auction.
When you make a bid for an Experience you are making a legally binding offer to purchase that Experience if your bid is successful. That offer is accepted when we notify you that you have won an auction and a binding agreement to purchase the Experience is then formed.
If you are a successful bidder, payment will be taken directly from your registered payment card. You will not be able to bid without registering a payment card and billing address. Should automatic payment fail to be taken you will remain legally liable for the cost and will not be deemed to have won the auction until the full auction amount is received. If we are unable to take payment we reserve the right at our discretion to cancel your successful bid and award the Experience to the next highest bid.
Once you have placed a bid you cannot retract a bid.
The price of an Experience is determined by the auction. We operate two auction types:
In a standard auction the highest bid determines the ultimate price for the experience. In order to purchase an Experience, you must first successfully win the auction for that experience.
You are able to set a maximum bid. Our auction technology will then bid on your behalf up to the maximum bid value set by you.
In a blind auction, a number of Experience slots are available. For example, 100 tickets to a gig or 40 seats at a restaurant. You can choose how many of these you would like to bid for up to any cap that may apply for that auction. The top bids will win the auction at the price bid by the relevant user.
If your bid for an Experience is within the top bids for that Experience then you will be a successful bidder. If your bid is not within the top bids for the Experience then you will not win the auction.
You will only be successful if all of the Experience slots you have bid for are available at the price you have bid. For example, if you bid for 6 tickets to a gig and only 5 were available at your bid price you would win none of the tickets.
6. Redeeming your Experience
The Experience may be redeemed with the relevant Experience Provider in accordance with any terms applicable to that Experience, and the Experience Terms.
Upon winning an auction you will receive redemption details explaining exactly how you redeem your Experience. You must read and understand these as soon as possible and follow the instructions to ensure successful redemption.
There may are various ways Experiences are redeemed. For some Experiences tickets will be sent directly to you, for other Experiences you will need to contact the Experience Provider to book an appropriate date and time. In most instances, you will be required to use a redemption code provided by us (“Redemption Code”) to confirm the validity of your request.
Some experiences may have time-limited availability, in such instances, this will be clearly displayed as well as in redemption instructions and it is up to you to ensure you meet any deadlines for redemption.
You may have the option to gift some experiences. You should do this as soon after you have won an auction as possible. In order to gift an experience, you must provide the contact details of the giftee and when you would like to gift it. It is your responsibility to ensure that you send the gift prior to its redemption date.
We are not responsible for providing you with the Experiences. By placing a bid or purchasing an Experience you are entering an agreement with the Experience Provider under which the Experience Provider is bound to supply you with the Experience if you are a successful bidder subject always to these terms and the Experience Terms.
Unless stated otherwise in these Terms, once we have emailed the Redemption Code to you we have no further obligation to you in relation to the Experience or the Redemption Code and all responsibility lies with the Experience Provider.
AVA may reward its members for participating in certain activities on the Platform. This could be anything from inviting others to join the Platform to placing successful bids. Rewards could vary from merchandise to providing gift credit to your account.
We reserve the right to change rewards and rules at our own discretion. Details will always be available within your account.
8. Your obligations
- not to submit any false or fraudulent bid for any Experience;
- not to submit any bid if the purpose of the bid (whether or not it is successful) is to increase the bid price or to encourage others to bid;
- to observe and act in accordance with these Terms and any Experience Terms;
- to only use the Redemption Code for the Experience it was intended to be used for and in accordance with the Experience Terms;
- to not use the Redemption Code or deal with the Experience Provider in any way which could be deemed to be harmful to the business or reputation of AVA or do anything which might adversely affect our relationship with an Experience Provider.
- not to attempt to market, reproduce, sell or re-sell a Redemption Code to any third party whatsoever;
- to provide us with accurate information and ensure that all details that we hold about you (including your email address) are up to date and valid;
- to use the Platform or Services in accordance with these Terms and not in any way which may affect the reputation of AVA, or any Experience Provider or the use and enjoyment of the Platform or our Services by any other users or third parties;
- to inform us as soon as it is practicable if become aware that someone has tried to access your account without your permission or attempted to purchase Experiences using your personal details;
- only provide us with credit or debit card details for which you are the sole account holder; and
- not to use the Platform or Services for any improper, illegal or immoral purpose.
9. Termination and suspension
We may suspend your account at any time should you be in breach of this Agreement. Furthermore if you have not registered with us we may suspend your access to the Platform or the Services if we believe you to be in breach of this Agreement.
If we suspend your account or access to the Platform or Services for any reason we may refuse to provide you with any Services or the right to bid for or purchase any Experience. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate this Agreement and any existing Account you may have.
We may terminate this Agreement and your Account at any time if:
- you are in breach of the terms of this Agreement;
- we suspect that you are about to commit a breach of this Agreement;
- you become or we suspect that you are about to become insolvent.
Upon termination you will no longer be able to use our Services or purchase Experiences from us. If when we terminate this agreement you are still in possession of any Redemption Codes then these will remain valid, subject to these Terms.
Any termination of this agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after termination.
10. Our liability
We shall have no liability to you whatsoever for any act or omission of the Experience Provider in connection with the Experiences or in relation to the Experiences themselves.
We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
Our liability to you for all losses under this Agreement (except for any liability we are unable to exclude as set out below) is limited to the total amount paid by you to us in the previous 12 months or £250, whichever is higher.
No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last purchased an Experience.
Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that responsibility for Experiences lies solely with the Experience Provider.
11. Intellectual property
The Platform together with the format and content of the Services is protected by copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
The Platform and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Platform or any Hosted Auction site or page without our express written consent.
By providing content for distribution by our Services you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.
You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
We may make changes to the format of the Services, or to the Platform’s content at any time without notice.