Terms of service
We are Avora Ltd (“we” and “us“). We operate the multi-platform Avora application (the “App”) and the website at avora.io (the “Site“) (together, “Avora“).
We are a company registered in England & Wales with company number 08922902 and registered address at 121 Great Portland Street, London, W1W 6QL. Our registered VAT number is GB188642268.
If you need to contact us, you can do so via the details listed on our contact page at: https://avora.io/contact-us
We may amend these Terms from time to time as set out in clause 8.4. These Terms were last updated on 6th June 2016
Our Responsibility to Users
We have taken every care in the preparation of the material on Avora. However, the material displayed on Avora is provided without any guarantees, conditions or warranties as to its accuracy or suitability for any particular purpose. If you notice a problem, feel free to let us know and we’ll see if we can try and fix it.
If the need arises, we may suspend access to Avora to carry out routine or emergency work. We will not be responsible if, for any reason, Avora is unavailable.
We will not be responsible to you for any errors or omissions, or any technical problems you may experience, or any use you make of the material on Avora, any websites linked to it or any materials posted on it.
If we are in breach of these Terms, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use Avora.
These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these Terms shall limit our liability for personal injury or death caused by our negligence or if we are fraudulent.
Avora will use commercially reasonable efforts to make the purchased Subscription Services available with minimal downtime 24 hours a day, 7 days a week; provided, however, that the following are excepted from Avora’s availability commitments: (a) regularly scheduled downtime (with regard to which Avora will endeavour to provide at least 48 hours advance notice), which is currently scheduled for every Friday 11pm – Saturday 3am GMT Time and as otherwise communicated.); or (b) any unavailability caused by circumstances beyond Avora’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or the unavailability or modification by third parties of Third Party Offerings.
Avora is not a business advice service. We provide computer generated, generic data and analytics based on the information submitted by you and third party data accessible to Avora. These results are not equivalent to personal, bespoke advice from a business adviser or expert. You acknowledge that you are solely responsible for the decisions you make about your business and strategy and that we are not liable to you in relation to any decision you make which is based on the results generated from Avora.
Your use of Avora
Use of Avora
Avora is provided to you for your commercial or personal use subject to the Terms.
You must also comply with the terms and conditions of the relevant application store from which you download the App (for example, the Apple App Store, or Google Play.
You may download the App and access and/or use Avora, in accordance with these Terms, on specific compatible devices.
The App is compatible with iOS and Android. Avora, or some of its features and functionalities, may not be available on all devices. We do not guarantee that all or any features or functionalities of Avora will work on any particular device.
There may be updates to the App and you are responsible for installing any updates. You may not be able to access or use Avora unless you install relevant updates.
Depending on your mobile phone and/or mobile device tariff and your provider, you may incur data charges from your provider for downloading the App and/or using certain features of Avora. You are responsible for all data charges.
Some features and functionalities of Avora are only available to registered users.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us promptly of any changes to the information that you provided when registering by updating your personal details so that we can communicate with you effectively.
We can suspend or terminate your use of Avora if we reasonably believe that any details you have submitted are untrue.
Your password and security
If you access Avora directly via the webpage or if you download the App to your device, you will be asked to register to use Avora and create a username and password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected] immediately.
If we believe that there may be a breach of security or misuse of Avora, we may require you to change your password or we may temporarily suspend your use of Avora.
Avora, and the content accessible on it (“Content“), are protected by intellectual property rights and are the property of Avora Ltd or its licensors. Protected elements include, without limitation, software graphics, text, images, audio, videos, designs, compilations, databases, targeting information, advertising copy, and the trade marks, logos, domain names, trade names, service marks and trade identities; any and all copyright material (including source and object code); and all other materials related to Avora, including without limitation, the “look and feel” of Avora.
Download, access and use of Avora Software will not transfer to you any right other than to use Avora as intended and in accordance with these Terms for your commercial or personal use. You may not otherwise than permitted through the functionality of Avora modify, copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, reverse engineer or otherwise use any part of Avora.
Submitting content to Avora
Some areas of Avora allow you to enter content. You agree that your content (“User Content“) will not:
- contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
promote sexually explicit material, violence or discrimination based on race, sex, religion nationality, disability, sexual orientation or age;
- infringe any copyright, database right, or trade mark, or any other intellectual property rights of any other person;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material.
You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us because of:
- any claim by any third party that your User Content is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice;
- any claim by any third party that your User Content infringes that third party’s copyright or other intellectual property rights; and
- any claim by any third party that your User Content breaches any confidentiality or privacy rights.
Removal of Content
We reserve the right to remove or refuse to post User Content on Avora although we do not actively moderate content posted. You must not try to re-post User Content that we have removed or refused to post on Avora. User Content that you remove from Avora may persist in backup copies for a reasonable period of time (but will not be available to others).
Viruses, hacking, scraping
You must not misuse Avora by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Avora, the server on which Avora is stored, or any server, computer or database connected to our Site. You must not attack Avora via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 or equivalent laws in your country. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Avora will stop immediately.
In addition, we expressly do not allow any kind of data gathering technology to ‘scrape’ Avora for any reason.
Ending your use of Avora
If you do want to stop using Avora, just delete the App or stop logging on to the Site.
Free Trial Services
If you are using Avora on a free trial basis (the “Free Trial Services“), Avora will be available to you (a) until the end of the term of the Free Trial Services; (b) on the start date of any paid subscription to Avora; or (c) on such other date that we decide.
You acknowledge that some of the features and functionalities of Avora, may not be available as part of the Free Trial Services.
The Terms apply to all uses of Avora, including the Free Trial Services. Additional terms and conditions may also apply to the Free Trial Services – we will make sure they appear on the registration or log in web page for the Free Trial Services. Any additional terms and conditions are incorporated into these Terms by reference and will be legally binding.
If you provide us with any information about yourself as part of the Free Trial Services this may be permanently lost after the expiry of the Free Trial Services unless you (a) begin a paid subscription to Avora; or (b) export your data from Avora before the Free Trial Services expire.
We may offer certain services and features for which you will be required to pay a fee and any other incurred charges. Any fees payable by you in relation to any add-on services are billed in advance via the website and you authorise us to charge your chosen payment option for any additional fees until you terminate your subscription. All fees for add-on services are non-refundable except where such refund is requested by you by contacting us at [email protected] within 14 days of purchasing the add-on services.
You may terminate your subscription to any additional features or services at any time via your account page on our website and it is your responsibility to terminate your subscription should you no longer wish to subscribe. Except as set out above, there are no refunds or credits for partial months or for unused months of your subscription. In order to treat all users equally, no exceptions will be made. Refunds of fees in any other circumstances are at our absolute discretion.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the homepage of Avora so long as the link does not (i) imply any endorsement by us, (ii) damage or take advantage of our reputation, or (iii) portray us in a false, misleading, derogatory, disparaging or otherwise offensive manner. You are prohibited from establishing a link to Avora in any website that is not owned by you. We may withdraw linking permission without notice.
Events outside our control
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations towards you that is caused by events outside our reasonable control.
If any of these terms and conditions is held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
The Terms contain the whole agreement between us relating to your use of Avora. No additional terms or conditions requested or communicated in any way by you will form part of our contract whether accepted or not by an employee of ours.
Our right to vary the Terms
We may revise and amend the Terms from time to time. You will be subject to the terms and conditions in force at the time that you use Avora.
Whenever we revise these Terms in accordance with this clause 8.4, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the start of these Terms.
Law and jurisdiction
The Terms are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.