These Terms will apply to any contract between us for the sale of Subscriptions to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Subscriptions from our site. Please note that before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order a new Subscription, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were added to our site on 1 July 2015.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate AVTV from within www.avfc.co.uk. We are Aston Villa Football Club Limited, a company registered in England and Wales under company number 3375789 with our registered office and main trading address at Villa Park, Birmingham, B6 6HE. Our VAT number is GB 687 8898 30.
1.2 To contact us, please see our Contact Us page.
2. Our Products
2.1 The images (including video thumbnails) and descriptions of the Subscription products on our site are for illustrative purposes only. Although we have made every effort to represent our paid-for video content accurately, we cannot be held responsible for any misrepresentation or misunderstanding as to what our Subscriptions include.
2.2 All content shown on our site is subject to availability. We reserve the right to remove and amend the Subscriptions we make available (for example, we may offer a specific AVTV subscription at a specific price, for a specific amount of time before removing it).
2.3 We do not guarantee that AVTV or any content on it will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of AVTV without notice. The Club will not be liable to you if for any reason AVTV is unavailable at any time or for any period or that specific content is not shown.
3. Use of our site
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer and are under 18, you must ask your parents or guardian before you:-
(a) buy anything from our site;
(b) email us or ask us to email anything to you; or
(c) send any information to us.
By continuing to use our site and any of the services offered, you are confirming that you are either 18 years or older or, if you are under 18:-
(a) you have obtained the consent of your parent or guardian to do so;
(b) your parent or guardian has reviewed and agreed to these Terms; and
(c) where you are using a credit/debit card or Paypal account of a parent or guardian, you are doing so with that parent or guardian's consent.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Subscriptions.
7. How the contract is formed between you and us
7.1 You must buy a Subscription on-line.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and that we have activated your chosen subscription to AVTV. Please note that if you choose a recurring Subscription product (i.e., one that involves repeat billing over a potentially endless period of time), your continued access to the Subscription is reliant upon your chosen payment method being successfully billed at those regular intervals. Should a payment fail, your access to the Subscription product will be revoked and you will be required to update your subscription payment method in order to re-gain access.
7.3 By ticking the 'Start Subscription Now' checkbox on sign up, you provide your explicit consent to the immediate commencement of your Subscription, which allows you to directly access the AVTV services. We will confirm our acceptance to you by sending you an e-mail that confirms that your Subscription has been activated. The Contract between us will only be formed when we send you the confirmation email. You will still have your right to cancel under clause 9 but we reserve the right to charge you for any Subscription that you receive prior to cancellation in the event that you exercise your right of cancellation under clause 9.
7.4 If we are unable to supply you with a Subscription, for example because that Subscription is no longer available or because of an error in the price on our site as referred to in clause 12.4, we will inform you of this by e-mail and we will refund you the full amount, and cancel any recurring billing, as soon as possible, if your order has already been processed.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes to the terms and conditions between us and third parties upon whom we rely in relation to the production or delivery of Subscriptions or the operation of this site.
8.2 Whenever we revise these Terms in accordance with this clause 8, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Your consumer right of cancellation and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want the Subscription, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 You may cancel a Contract from the date you receive the confirmation email, which is when the Contract between us is formed. You have a period of 14 (fourteen) days in which you may cancel, starting from the day you received the confirmation email.
9.3 To cancel a Contract complete the contact us form on this site or you can use the form of words in the schedule at the end of these Terms and post it to us by first class post. When you contact us, you must let us have your name, address, telephone number, email address and order number so that we can identify you and the Subscription product you wish to cancel. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by web-form, then your cancellation is effective from the date you submitted the web-from. If you post it then it will be from the date of your letter.
9.4 You will receive a full refund of the price you paid for the Subscription although we reserve the right to charge you for the period of activation of the Subscription for the period prior to cancellation within the 14 day cancellation period. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of your contact (as per 9.3).
9.5 We refund you on the credit card, debit card, Direct Debit account or Paypal account used by you to pay.
9.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in these Terms and Conditions.
10. Activation of Subscription/Length of Subscription/Termination
10.1 Upon completion of the subscription/purchase process, your Subscription will be activated immediately after the email confirmation, unless there is an Event Outside Our Control. If we are unable to process (and thus, activate) your subscription because of an Event Outside Our Control, you will need to contact us to bring the issue to our attention. Once we have established what the problem is, we will contact you with a revised estimated date of activation.
10.2 Once the Subscription is activated you are granted a licence to access the content on AVTV which will continue subject to these Terms until your Subscription ends in accordance with the Subscription you have purchased and as confirmed to you in your activation email.
10.3 If you received your Subscription as part of your season ticket benefit then your Subscription will end on the 31st July following the close of that specific season.
10.4 Subject to Clause 9 and anything to the contrary in these Terms you have no right of cancellation and refund once your Subscription has started.
11. International delivery
11.1 AVTV Live Audio is available to all countries without restriction. However, it is possible for AVTV to be blocked by your ISP should your country of residence impose specific browsing restrictions.
11.2 AVTV Live Video is available to all countries outside of the United Kingdom, Ireland and the Isle of Man (dependent on broardcasting restrictions). However, it is possible for AVTV to be blocked by your ISP should your country of residence impose specific browsing restrictions.
11.3 You must comply with all applicable laws and regulations of the country for which the Subscription products are used. We will not be liable or responsible if you break any such law.
12. Subscription Price
12.1 The prices of the Subscription products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Subscription products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Subscription product(s) you have ordered, please see clause 12.4 for what happens in this event.
12.2 Prices for our Subscription products may change from time to time, and we will inform you by email prior to the price change to confirm the new amount.
12.3 The price of a Subscription product includes VAT (where applicable) at your applicable current local rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 Our site has the potential to display a large number of Subscription options, as well as various configurations and special offers within those Subscriptions. It is always possible that, despite our reasonable efforts, some of the Subscriptions on our site may be incorrectly priced. If we discover an error in the price of the Subscriptions you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Subscription at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Subscription to you at the incorrect (lower) price.
13. How to pay
13.1 We accept the following methods of payment:
Most debit and credit cards. We are also trying to bring you PayPal as a payment provider.
13.2 Payment for the Subscription products is in advance.
14. Our liability if you are a business
This clause 14 only applies if you are a business customer.
14.1 We only supply the Subscription products for internal use by your business, and you agree not to use the Subscription products for any re-sale purposes.
14.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation.
14.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
14.4 Subject to clause 14.2 and clause 14.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Subscription product paid by you in the previous twelve months.
14.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Subscription products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Subscription products are suitable for your purposes.
15. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2 Our total liability to you for any loss or damage of whatsoever nature and howsoever caused (save as set out in clause 15.4 below) shall be limited to and in no circumstances shall exceed an amount equal to the value of those Subscription products which you have received in the previous twelve months, or ought to have received as a result of any contract between us.
15.3 We only supply the Subscription products for domestic and private use. You agree not to use the Subscription product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations if that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.
16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or due to any downtime of any third party we use in connection with the AVTV services or downtime associated with the Amazon hosting facility that we use.
16.3 If an Event Outside Our Control takes place that affects the performance of our obligations:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
17. Communications between us
17.1 When we refer, in these Terms, to "in writing", this will include e-mail.
17.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, please complete the contact us form, available on this website. You may also use the form of wording which is here in the Schedule to these Terms and post it to us by first class post. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by web form or by post, then your cancellation is effective from the date you completed the web form or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Aston Villa Marketing Department, Villa Park, Birmingham, B6 6HE, United Kingdom or via the contact us form on this website.
(c) If you have any queries or complaints about a contract, please contact us. You can email us at email@example.com. If we are not able to resolve your question or complaint you are entitled to raise the issue with the EU online Dispute Resolution Platform at www.ec.europa.eu/odr
17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24-hours after an e-mail is sent, or two days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
18. Other important terms
18.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 If you are a consumer, please note that these Terms are governed by English law. This means that the purchase of Subscriptions through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.7 If you are a business, these Terms are governed by English law. This means that the purchase of Subscriptions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.