Avva EXPERIENCE CORPORATE TS&CS
1. THESE TERMS
These terms and conditions, and the terms and conditions of the Data Processing Addendum, shall govern the Services provided by AVA Experience LLC (“Avva”) to the Customer (the “Customer”) and constitute the contract (the “Contract”) between Avva and you.
You hereby acknowledge and accept all, and only, these terms and conditions. Avva objects to any different or additional terms. This is the final and complete expression of all terms and conditions of the agreement. Any representations, promises, warranties, or statements that are not contained here are void. These terms and conditions can be modified, waived, or amended only by a writing signed by both you and Avva.
Avva negotiates and advertises Experiences with third party Experience Providers as well as creating and advertising its own Experiences.
Unless otherwise stated, the supplier of the Experience will be a third party Experience Provider or Avva. The Experience Provider or Avva is solely responsible for supplying the Experience.
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Experiences may on occasion be withdrawn due to circumstances outside of our control.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 costs, descriptions, formats and timings provided on our website are only intended to provide a general indication of the Experience. Photographs are for illustrative purposes only, and do not represent the Experience you may receive 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.
3. ADDITIONAL SERVICES
In addition to our Experiences Services described in Section 2 of these Terms, Avva may offer a range of Additional Services to you for which a fee is payable. The details of which will be included in any quotation for Services Avva provide’s to you. The following Additional Services may include but are not limited to:
- Sourcing a suitable venue/s for your experience or event requirements and negotiating with venues on your behalf
- Supplying audio visual equipment, both hardware and software for your experience or event
- Supplying staff for your event or experience, including but not limited to technicians, event planners and managers, waiting staff and more
- Providing advice on your experience or event plans and strategies
You can make an Experience inquiry with Avva on our website, phone or by email. Based on the information you provide, Avva will provide the Customer a written quotation for our Services, for providing the chosen Experience. This quotation is for information only and is not a legal offer to provide the Services. Quotations are valid for 14 days from the date of receipt.
Having received a quotation, Customer may confirm an order via email. Each Customer order will be an offer by Customer to purchase the Services specified in the order (the “Services”), subject to these Terms and Conditions.
Avva’s acceptance of Customer’s order occurs when Avva delivers an email to Customer confirming acceptance of the order (the “Confirmation”). The date of the Confirmation shall be the date on which the Contract becomes binding (the “Contract Date”). The Contract is limited to only the Services provided in the Confirmation. Avva shall have no obligation or responsibility to provide the Services unless and until Avva receives payment in full from the Customer, and Avva shall be entitled to cancel the Contract in the event of non-payment.
If after Confirmation Avva is unable to supply the Services Avva will provide the Customer email notification of the cancellation of the order. Avva will refund the Customer any amount paid to Avva upon which Avva shall have no liability or obligation to the Customer.
5. FEES & PAYMENT
In order for us to provide you our Services you must pay our Fees (“Fees”).
The Fees set forth in the Confirmation are final and binding on the Customer, subject to any variation by written agreement.
Avva modifications to the Services and fees after the Confirmation shall be set forth in an updated quotation, which shall be binding on the Customer.
Unless otherwise agreed in writing with the Customer. Fees must be paid in full within 3 working days of the date of the Confirmation. Any variations to this date or payment schedule must be agreed between us in writing.
For bookings more than a calendar month in advance of the date of an Experience, Customer must pay Avva’s required minimum booking amount to reserve your Experience.
If Customer has not made payment in full as set forth above, Avva will not be obliged to provide the Services, and shall have no liability to Customer for cancelling the Services.
Payment can be made using a debit or credit card or via bank transfer.
6. CANCELLATIONS & RESCHEDULING
The Customer is entitled to cancel the order at any time and any refund will be determined by the amount of notice.
- A full refund will be provided for written notice of a cancellation received by Avva more than a month in advance of the Experience.
- No refund will be provided for written notice of a cancellation received by Avva within one month of the Experience
Any rescheduling of the Experience is at the discretion of the Experience Provider and can be made up to 14 days prior to the originally scheduled Experience. A rescheduling fee of $135 will be charged if a new date is agreed upon.
7. COMPLAINTS & REFUNDS
If any Experience materially varies from its description, Customer may contact Avva to convey the details of the variation. It shall be in Avva’s sole discretion to take further action, or issue a refund to Customer.
Avva shall not be responsible for any refund or liability as a result of late deliveries.
Customer may complain about our Services by contacting us on the contact details available on our Platform. Any comments or complaints by Customer about the Services made to any third party or third-party platform, including any social media, shall irrevocably relieve Avva from any responsibility whatsoever, including for a refund or damages.
8. YOUR OBLIGATIONS
It is Customer’s responsibility to ensure that:
- the terms of the order are complete and accurate;
- Customer fully co-operate with Avva in all matters relating to the Services;
- Customer provides Avva with such information and materials Avva may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- Customer obtains and maintains all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
- Customer complies with all applicable laws, including health and safety laws;
- Customer is responsible for procuring all necessary equipment necessary for the running of an Experience or event unless otherwise agreed with us.
- In instances where Avva is providing hardware, software or both for an Experience it is the Customer’s responsibility to ensure that our technology is compatible with your systems;
- Where Avva is providing event space, the Customer is responsible for all of this space during the period of the experience. Any damage to the space or their contents incurred as a result of your or your employees or representatives’ acts, omissions or default will result in a charge to remedy such damage.
9. INTELLECTUAL PROPERTY
The format and content of the Platform and all other materials and communications issued or utilized by Avva – including but not limited to marketing materials and brochures – is protected by trademarks and copyrights and Avva reserves all rights in our registered or unregistered copyrights and trademarks whether owned or licensed to Avva.
The Platform and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or other purpose without our express written consent. In addition, there shall be no use or extraction and/or utilization of prior parts of the contents of the Platform or Services without our express prior written consent.
By providing content for distribution by our Platform Customer hereby expressly grants us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to Customer.
10. OUR LIABILITY
Avva shalll not be liable to Customer for any business, financial or economic loss or damages or for any consequential or indirect loss or damage such as loss or damage to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services Avva provides to Customer under, or in any other way connected with the Contract (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, willful concealment or theft.
Avva shall have no liability to Customer whatsoever for any act or omission of the Experience Provider in connection with the Experiences or in relation to the Experiences themselves.
Avva is not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by the Customer’s Internet Service Provider or for any telecommunications failures which are beyond our control.
Avva is not liable or responsible for any technical issues which may arise as a result of the Customer’s failure to ensure compatibility of Avva’s technology with its own systems.
Avva’s liability to you for all losses under this Contract (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.
In no event shall Customer assert a claim against Avva regarding this Contract more than 12 months after the date of the Contract.
11. PERSONAL DATA
As part of these Terms and Conditions, Ava and Customer agree to be bound by the Data Processing Addendum which can be found here whereby Avva acts as a data processor for Customer as data controller.
Customer shall comply with all laws and regulations applicable to the Services.
These Terms and Conditions are governed by and construed in accordance with the laws of The United States of America exclusive jurisdiction of the state and federal courts located in Delaware. Customer and Avva agree to submit any and all claims or disputes to the exclusive jurisdiction of the English courts.
These Terms and Conditions are the final and complete expression of all terms and conditions of the agreement between Avva and the Customer. Any statements, communications and representations not contained herein shall be void.
Avva reserves all of its rights to take action and enforce any and all of Avva’s rights and remedies under the Contract or applicable law arising from Customer’s actions including the breach of the Contract.
Avva shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.