End User Terms

Experience Lab Ltd

Who do these Terms apply to?
1. These Terms apply to users who create, or have created on their behalf, an Account on https://experiencethis.co/ (our “site”). In these Terms, “you” or “your” means the person who has registered for an Account.
2. In this contract, “we”, “us” or “our” refers to Experience Lab Ltd. Experience Lab Ltd is a company registered in England & Wales under company number 11580228 with registered office at 70 Geraldine Road, London, England, SW18 2NL. Our VAT number is 305038637.
What are these Terms about? These Terms set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. Please read them carefully before you register for an Account. If you register for an Account, you agree to be legally bound by these Terms. We draw your attention in particular to the limitation of liability section.
Other applicable terms. The terms of our Website Terms & Conditions and our Privacy & Cookie Policy also apply to you and the terms in those documents also form part of these Terms as if their terms were set out here in full.
Our role. Our role is to connect you to Providers and facilitate the execution of Experiences. We are not a party to the agreement between you and the Provider of your Experience and we are not involved in the delivery of Products or Events. When you order an Experience, you acknowledge that you are part of a separate contract with the Provider and that contract is a binding agreement.
Accounts
1. Before you can order or be ordered an Experience, you must register for an Account. For business accounts, this is typically done via your company or a sales representative of a company that you work with.
2. You may not create an Account or purchase any Experiences if you’re under the age of 18. By registering for an Account, you represent that you are at least the legal drinking age of 18 years old in the UK (or the legal drinking age in your local jurisdiction). It’s a criminal offence under the UK Licensing Act 2003 to purchase or attempt to purchase alcohol if you’re under the age of 18.
3. We are under no obligation to accept your registration request and may accept or reject any registration request at our discretion. We may also deactivate any Account at any time, including if we believe you have violated our Terms.
4. To create a Consumer Account, you must confirm you are 18 years of age or older and provide details such as your full name, email address and mailing address.
5. To create a Venue Account, you must provide details such as the name of the company on behalf of which you are registering, email address, mailing address and details about your business and premises. We may also require you to provide details to verify you are authorised to create an Account on behalf of the indicated company.
6. Providers may set limitations on who can order their Experiences and your Account type and details may affect the types of Experiences that are available to you. You agree to provide complete and accurate information when registering for an Account and to update your Account details as necessary to keep your Account information complete and accurate. We will not be liable to you for any loss (including loss of business opportunity or otherwise) caused by inaccurate information provided by you (or inaccurate information provided by a Provider).
7. You also agree to keep your Account login details secure and private, and to notify us if you believe your Account security is compromised in any way. You will be responsible for your Account’s activity, even if the Account is used in an unauthorised way by any other person.
8. Once you have successfully created an Account, we will send you an Account Confirmation by email with your log-in details.
Ordering experiences
1. If you are provided access, you can place an order on the site by placing an Experience in your cart and following the checkout prompts from your cart page. Some Venue Account users will only be authorised to have orders placed on their behalf by representatives of the Provider (ie. sales representatives).
2. Before you submit your order, you may be asked to confirm that you meet any criteria for the Experience set by the Provider (including facility requirements or access requirements). Our order process allows you to check and amend any errors before submitting your order. Please check the order carefully before confirming it. You are responsible for ensuring that your order (and any details submitted by you) is complete and accurate. Again, we will not be liable to you for any loss (including loss of business opportunity or otherwise) caused by inaccurate information provided by you.
3. When you submit your order at the end of the online checkout process, the site will automatically display an acknowledgement that your order has been placed successfully. This acknowledgement does not, however, mean that your order has been accepted.
4. We may not accept your order in certain circumstances. For example, we may not accept your order if Products or Events are unavailable, if we can’t authorise your payment or if there has been a mistake on the pricing or description of the Experience.
5. Your order is accepted when we send you a Confirmation Email. Once your order is accepted, the Providers will be notified to send your Products to you and/or provide you instructions on how to access your Event (as applicable).
Pricing and payment
1. The prices on our site include the prices for the Products and Events included in an Experience, as well as our Service Fees and any applicable delivery fees. Delivery fees can sometimes be calculated based on the mailing address associated with your Account. Prices are typically listed in the relevant currency for your location and include any applicable taxes.
2. Some Experiences may be sponsored by the Provider, which means you may not be required to pay some or all of the price for the Experience. Sponsorship availability will be listed in the details of the Experience and is at the discretion of the Provider.
3. Providers do not make payments to facilitators through our site. We are not party to the agreements between the Providers and executors of your Experience and we are not involved in the delivery of Products or Events.
4. Venue users may, at the discretion of the Provider, have the option to pay for an experience on the site if sponsorship is not available. Payments through our site are made via Stripe. By making a payment through our site, you agree to Stripe’s Services Agreement.
Returns, cancellations and refunds
1. Our standard terms and conditions for returns and refunds (our “Standard Return & Refund Policy”) are set out below. Unless otherwise noted in the Experience listing, returns and refunds are subject to our Standard Return & Refund Policy. Different rules apply for returning Products versus cancelling Events, so please read the terms carefully.
2. Product returns and refunds
  1. This section applies to non-perishable Products only. Please note that we do not accept returns of perishable food or beverage items included in your Experience.
  2. If you are a consumer:
    1. You are automatically entitled to a 14-day “cooling-off period” for certain things you buy online, during which you are entitled to a refund for any reason. Please note that the cooling-off period does not apply to perishable or customised items.
    2. If you would like to return a Product, you must notify us within 14 days of the date you received the Product and we will provide you with further instructions on how to complete your return. You can notify us by post at our registered address above, by phone at +44 7454817738 or by email at info@experiencethis.co. You must return the Product within 14 days of the date you notified us of your return.
    3. Your refund will include the cost of standard delivery fees. If you chose a more expensive delivery option, we are not required to refund you for any amount in excess of our standard delivery fees.
    4. You are not required to return Products in their original packaging, but you do need to make sure they are packaged securely. You will be responsible for the costs of any damage to a Product due to improper packaging. We may also reduce your refund if you reduced the Product’s value prior to return, such as by removing the Product’s packaging or using the Product.
    5. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
  3. If you are a business (or if you are a consumer and your cooling-off period has expired), we may, at our sole discretion and subject to certain conditions (such as requiring return of the Product or evidence of damage), offer you credit for an unsatisfactory item or, in some cases, issue a partial or full refund. This is only applicable in the case that you have purchased an experience on site, and is not applicable to sponsored bookings.
Event cancellation and refunds
1. The below terms are applicable in the case that the Consumer or Venue Account has purchased an Experience on site, and for the avoidance of doubt, are not applicable to sponsored bookings. Refunds for sponsored booking are at the discretion of the Provider.
2. As Events included in Experiences are arranged for certain dates, you are not automatically entitled to a full refund when you cancel. We may, at our sole discretion and subject to certain conditions, offer you credit or, in some cases, issue a partial or full refund.
3. If you would like to cancel an Event that has not yet occurred, we reserve the right to reduce your refund by the costs associated with arranging the Event and with reserving your spot. We also reserve the right to decline refund requests made less than 24 hours from the time your Event is scheduled to occur.
4. If your event was unsatisfactory and you would like a refund, please contact us at info@experiencethis.co or message us on the chat widget.
Products and Product Delivery
1. The details of Product delivery options will be available to you at checkout. If your Experience contains alcoholic Products, you may be required to select signed-for delivery.
2. The estimated date of Product delivery will be set out in your Order Confirmation. If something happens which significantly affects the estimated delivery date, you may receive a revised estimated delivery date (from us or from the Provider, as applicable).
3. If you do not receive your Products prior to the scheduled date and time of your Event, please contact us and we will help you reschedule your Event.
Delivery of Events
1. The dates and times when Events are available will be provided to you at checkout. You can typically select a date and time for your Event by following the prompts during the checkout process.
2. The details on how to access your Event on the given date and time will be provided to you in your Order Confirmation.
3. We are not responsible for any setup required prior to the Event and it is your responsibility to ensure the required setup is complete prior to the start of the Event (including where a third party performs any aspect of the setup on your or the Provider’s behalf).
4. If something happens which affects the date or time of your Event, you will be notified (by us or the Provider, as applicable) and we will help you reschedule your Event.
Intellectual property
1. The ownership or licensing rights to all Intellectual Property Rights in our site and services belong to us. We do not grant you any Intellectual Property Rights in our site or services, except to the extent necessary for you to use the site and services in accordance with these Terms.
2. If you provide us with Feedback, you assign us all Intellectual Property Rights in the Feedback (and any resulting enhancements to the site or services).
Acceptable use
1. You agree to use our site and services in accordance with the law at all times and only in ways that our site and services were designed to be used. Any breach of clause gives us the right to immediately suspend your Account and your access to our site until we are reasonably satisfied that the use breaching this clause will be discontinued.
Limitation of liability
1. Whether you are a Provider, Consumer or a Venue, unless otherwise agreed:
  1. We are not liable for any Products or Events or for the conduct of any party. We do not endorse or guarantee any Experience or Provider or make any assertions as to trustworthiness. Purchase of Experiences at your own risk.
  2. We act as an intermediary in regards to the contract between stakeholders. We do not accept any liability for either party’s performance within that contract.
  3. We will not be liable for losses arising from the execution of an Experience (including additional costs related to an Experience or the cancellation of an Experience). We are not a party to any transactions, disputes or other relationships between any party.
  4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  5. Our total liability to you in respect of any losses we are liable for will not exceed the price of the relevant Experience.
2. If you are a Venue or Provider, unless otherwise agreed:
  1. We exclude all implied conditions, warranties, representations or other terms that may apply to our site and services.
  2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. use of, or inability to use, our site or services; or
    2. use of or reliance on any information displayed on our site.
  3. In particular, we will not be liable for:
    1. loss of profits, sales, business, or revenue;
    2. business interruption;
    3. loss of anticipated savings;
    4. loss of business opportunity, goodwill or reputation; or
    5. any indirect or consequential loss or damage.
3. If you are a consumer:
  1. Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
Disputes. We will try to resolve any disputes with you quickly and efficiently. If you’re unhappy with our service to you or any other matter, please contact us as soon as possible.
Rights and remedies. Except as expressly provided by these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
Language. This contract is only available in English. No other languages will apply to this contract.
Waiver. If we do not insist that you perform any of your obligations under the contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. If any court or relevant authority decides that any of these terms are unlawful or unenforceable, the remaining terms will remain in full force and effect.
Governing law and jurisdiction. The laws of England and Wales will apply to this contract. If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
Changes to these Terms. We may change these Terms from time to time, so please check this page frequently.
Questions? If you don’t understand any of this contract and want to talk to us about it, please contact us by email at info@experiencethis.co.
Definitions
1. Account means the digital account used by you to purchase Experiences and receive associated services from us.
2. Account Confirmation means an email from us confirming registration of your Account.
3. Consumer Account means an Account used to purchase Experiences available to individual consumers.
4. Event means a live or remote third-party event included in an Experience.
5. Experience means a package of products and/or events ordered through our site.
6. Feedback means any comments or suggestions about our site or services.
7. Intellectual Property Rights means, all rights, title and interest, in each of the following and all similar rights throughout the world, whether registered, unregistered or pending registration, and whether conferred by statute, common law, equity or otherwise: copyright; trade marks; service marks; trade names, brand names or indications of source, appellation or origin; rights in get-up; inventions including patents, utility patents, patent applications, utility patent applications, and utility models; circuit layout designs; database rights and rights in data; topography rights; design rights; plant variety and plant breeder rights; domain name registrations; confidential information, trade secrets, and know how; any other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967; any application for the registration of any of the above, and any rights to make such an application; any right to take action to enforce any of the above rights; and any licence from a third party to use any of the above.
8. Order Confirmation means an email from us or from a Provider (as applicable) confirming acceptance of your order.
9. Product means a third-party product included in an Experience.
10. Provider means a third party supplying Products or Events such as Brand or Agency.
11. Service Fees means our fees for providing our services, charged as a percentage of the total cost per Experience, as agreed with the relevant Provider.
12. Terms means the terms and conditions in this agreement.
13. Venue means a business-owned premise which meets the criteria for a relevant Experience.
14. Venue Account means an Account used to purchase Experiences available to businesses.
Interpretation Principles
1. Unless these Terms explicitly state otherwise, the Terms will be interpreted as follows:
2. a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
3. ‘including’, ‘includes’ or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
4. where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
5. headings are for convenience and will not affect interpretation;
6. words in the singular will be taken to include the plural and also the opposite;
7. “£” means British pound sterling;
8. a reference to a document will be to that document as updated, varied or amended;
9. when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
10. where a “URL” is mentioned, the non-operation of the “URL” will not render the rights and obligations associated with it invalid;
11. a reference to a party’s conduct includes omissions as well as acts;
12. if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute.