1.1 Please read these Terms of Use (“Terms”) carefully, which govern your access to, and use of, the AVA Smart Program and Wallet (as defined in below), collectively henceforth referred to as the “Services”.
1.2 The Services are managed by AVA Holdings (BVI) Ltd (Company Registration Number: 2130999), a company incorporated in the British Virgin Islands whose registered office is at Jayla Place, 2nd Floor Road Town, Tortola British Virgin Islands VG1110 (“AVA Holdings” or “we”, “our”, or “us”).
1.3 By signing up for or using the Services, you are entering into a binding contract with us and shall be deemed to have expressly read, understood, and agreed to be bound by these Terms.
1.4 We may revise these Terms at any time with or without notice to you. These changes shall take effect whenever the relevant website, portal or platform where these Terms are displayed or linked is updated with newer Terms. Your use or continued access of the Sites and/or the Services shall constitute acceptance of any changes to these Terms. It is your sole responsibility to check the Sites for updates or amendments from time to time and you waive any right to receive notice of such changes. If you do not agree to these Terms and their revisions, your right to use the Services shall immediately terminate, and you must cease usage of all the Services immediately.
In these Terms:
2.1 Any headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.
2.2 Unless the context clearly indicates a contrary intention, use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.
2.3 The following terms shall have the meanings assigned to them hereunder, namely:
Account: means the account a User uses to log in to the Sites and access the Services;
Applicable Law: means all relevant or applicable statutes, laws (including any reporting and/or withholding tax requirements of any government), rules, regulations, directives, circulars, notices, guidelines and practice notes of any Governmental Authority;
AVA Token: means the AVA utility token, which can be used to make payments, receive givebacks, and obtain discounts.
Digital Asset: means any cryptocurrencies, virtual currencies, or digital currencies available to be utilised on the Sites;
Governmental Authority: means any nation or government, any state or other political subdivision thereof, any entity exercising legislative, executive, judicial or administrative functions of or pertaining to government, including, without limitation, any government authority, agency, department, board, commission or instrumentality, and any court, tribunal or arbitrator(s) of competent jurisdiction, and any self-regulatory organisation. For the avoidance of doubt, Governmental Authority may include private bodies exercising quasi-governmental, regulatory or judicial-like functions to the extent they relate to either you, the AVA Token, Digital Assets, and/or the Services;
Partner: means the relevant AVA ecosystem partner participating in the AVA ecosystem and AVA Smart Program, such as Travala.com;
Sites: means AVA ecosystem partner websites and portals, including but not limited to www.travala.com/my-wallet and www.travala.com/smart-program, as well as Travala.com mobile applications;
AVA Smart Program: has the definition given by Section 4 of these Terms;
You/Your or User(s): means the individual(s) who is/are the user(s) of the Services.
3.1 We utilise an industry standard custody solution provider to store AVA locked by Smart members (“Locked AVA”). You acknowledge and agree that the underlying technology and infrastructure of the custody solution is not provided by us but by approved third parties. You acknowledge and agree that AVA Holdings, Partners and their related entities or persons are not legal custodians of Locked AVA and shall not be responsible for any loss of Locked AVA that is beyond ours or our Partners’ control.
3.2 You acknowledge and agree that it is solely your responsibility to ensure that the correct address relevant to your Account (as reflected on the relevant Sites) is utilised when you transfer AVA Tokens to your Account, and that you will only transfer the supported Digital Assets, as set out on the relevant Sites. You agree that, where you transfer or attempt to transfer any Digital Asset to an incorrect address (i.e. any address other than the address related to your Account), or the transfer of any type of Digital Asset that is not a supported Digital Asset, it may result in the irretrievable loss of the relevant Digital Assets, for which we and our Partners shall bear no liability.
3.3 The User is solely responsible for maintaining the confidentiality and security of their account information, including, but not limited to, the username, password, and any other security or access information used to access the Service. The User agrees to notify the relevant Partner immediately of any unauthorised use of their account or any other breach of security. The User acknowledges that they are fully liable and responsible for all activities that occur under their account, whether authorised by the User or not. You agree that AVA Holdings, Partners and their related entities or persons will not be liable for any loss or damage arising from any unauthorised use of your Account.
3.4 We reserve the right to update, change, remove, cancel, suspend, disable or restrict your access to the AVA Smart Program, or to discontinue the AVA Smart Program. We also reserve the right to reject any AVA locking attempt, in which case the relevant AVA will remain unlocked in your Account.
4.1 We provide you with access to the AVA Smart Program via the Sites, which is a loyalty and rewards program that requires the presence of a certain amount of Locked AVA Tokens in order to participate. Additionally, the Diamond tier requires members to hold a Travel Tiger non-fungible token (NFT).
4.2 The AVA Smart Program offers the following from time to time: direct discounts on Partner prices; givebacks on bookings in AVA, Bitcoin (BTC) and Travel Credits; AVA payment discounts; and other benefits as detailed on the Sites.
4.3 The AVA Smart Program is a tiered system, with Basic being the lowest tier and Diamond being the highest tier (each tier being representative of the user’s “Status”). The AVA Smart Program is a combination of free and paid memberships. You retain ownership of the AVA Tokens used to activate your access to the AVA Smart Program. The highest tier (Diamond) requires you to lock 2500 AVA and link a limited edition Travel Tiger NFT to your Account (as well as an optional additional lockup feature, see Clause 4.7).
4.4 The table below outlines the amount of AVA Tokens required to achieve each Status of the AVA Smart Program and the corresponding perks of each tier (collectively the “Benefits”):
Get up to 2% back in AVA on bookings after completing your trip credited to your wallet.
Pay the full amount of your booking with the AVA token and you will get up to an additional 3% discount of the total price.
Get access to the Proof of Travel NFT program to claim stamps and badges (Coming Soon)
Get up to 2% back in AVA on bookings after completing your trip credited to your wallet.
Pay the full amount of your booking with the AVA token and you will get up to an additional 3% discount of the total price.
Get access to the Proof of Travel NFT program to claim stamps and badges (Coming Soon)
4.5 Discount – Based on your Status, you will receive the applicable discount directly from the listed prices on Partner websites or applications from the search results page carried through to the checkout stage of the booking. The discount will only apply to bookings that have an accompanying lightbulb graphic (“Smart Icon”) displayed on the Sites. Bookings made via the concierge service are ineligible to receive this discount.
4.6 Givebacks – Givebacks are calculated on the final price (less any applicable service fees and taxes) following the application of the discount detailed in clause 4.5 (if applicable). Once earned, the giveback will be credited to your Account in the AVA Token (or BTC or Travel Credits for Diamond and Platinum members if selected) based on the exchange value on or around the day such payment is made. Bookings made via the concierge service are ineligible to receive givebacks.
4.7 AVA Smart Bonus – You will be eligible to receive the AVA Smart Bonus applicable to your Status each quarter if you hold an active Smart membership by the final day of the previous calendar quarter AND meet at least ONE of the following requirements: (a) Complete the specified Contributor Tasks during the specified period of a qualifying quarter (i.e. the calendar quarter immediately following the date where the User has activated or maintained a Status entitling the AVA Smart Bonus), which are tasks that will be announced to all active Smart members via email and social media channels; OR (b) Purchased a minimum US$50 worth of travel credits or travel gift cards using AVA, or completing travel bookings (inclusive of flights, hotels and activities) of a minimum US$50 in AVA on Partner website or application within the previous qualifying quarter. The requirements must be completed each calendar quarter to qualify for the AVA Smart Bonus. If you meet the requirements, you must manually claim the AVA Smart Bonus during the claim period specified via email and social media channels. Upon claiming, the AVA Smart Bonus will be deposited or credited to your Account. Unclaimed AVA Smart Bonuses shall be voided and Users shall have no claim or rights to them.
Smart Diamond members have the option of (but are not required to) locking an additional 2,500 AVA per additional Travel Tiger NFT connected to their Account in order to increase the total AVA Smart Bonus amount they can receive. An Account can link an unlimited number of Travel Tiger NFTs, and accordingly, there is no cap on the amount of AVA that can be locked up, proportional to the number of connected Travel Tiger NFTs. The percentage reward of the AVA Smart Bonus remains the same for all Smart Diamond members, regardless of how much AVA is locked; only the total quantum of AVA locked may be increased. Additional Travel Tiger NFTs must be in the same wallet connected to an Account by the final day of the previous calendar quarter to receive the AVA Smart Bonus for the elapsed quarter. In order to continue receiving the AVA Smart Bonus, the requisite AVA must remain locked and the additional Travel Tiger NFTs must remain in the self-custody wallet (e.g. MetaMask) connected to the Account. For every Travel Tiger NFT that is transferred out of the member’s self-custody wallet that had a corresponding additional AVA amount locked, 2,500 AVA will be unlocked and transferred/credited to the member’s Account. More information about the AVA Smart Bonus.
4.8 Ambassador Bonus – Smart Diamond members can receive the Ambassador Bonus by completing the specified Contributor Tasks for Partner marketing purposes. The Ambassador Bonus is a Travel Credit bonus that is rewarded exclusively to Smart Diamond members who hold an active Smart membership by the final day of the previous calendar quarter AND complete the requisite Contributor Tasks during a given period. Any additional Travel Tiger NFTs must also be in the same wallet connected to an Account by the final day of the previous calendar quarter to receive the AVA Smart Bonus for the elapsed quarter. To claim the Ambassador Bonus, you must submit evidence of the completed Contributor Tasks in the specified manner prior to the expiry of the relevant period. All claim information and time limit information will be displayed in the Account of Smart Diamond members. Travel Credits received as part of the Ambassador Bonus are valid for 12 months from the date of receipt. You agree that Travel Credits received via the Ambassador Bonus are Travel Credits that have a set expiry.
4.9 Smart Diamond Membership – The Smart Diamond membership comprises two components: (a) a requirement for 2,500 AVA to be locked; and (b) a Travel Tiger NFT to be connected to your Account via a self-custody wallet. If the Travel Tiger NFT is transferred out of your self-custody wallet, your Status will be downgraded to Smart Platinum.
4.10 AVA Tokens are intended to be used for utility purposes, specifically to receive discounted travel products and to participate in, and receive Benefits from, the AVA Smart Program. You agree NOT to participate in the AVA Smart Program should you believe that it amounts to a financial service, or if you believe that AVA Tokens amounts to a security or financial product. You acknowledge and agree that the AVA Smart Program does not constitute a financial service or transaction of any kind and that AVA Tokens are not financial products of any kind.
4.11 By participating in the AVA Smart Program, you agree to a minimum of 30 days before you can deactivate your membership. Once deactivated, you must wait a further 30 days before you can reactivate the AVA Smart Program for your Account. The AVA Tokens used for the activation of the AVA Smart Program cannot be withdrawn or used for payment and will be stored with a custodian for the duration of the AVA Smart Program being active. If you choose to deactivate the AVA Smart Program for your Account, the AVA Tokens will be returned to the available balance in your Account.
4.12 AVA Tokens and/or any other Benefits derived from the AVA Smart Program, as well as any transactions made to or from your Account, may result in tax consequences in your jurisdiction. It is your sole responsibility to determine whether any taxes apply to your receipt or transfer of AVA Tokens and/or any other Benefits derived from your participation in the AVA Smart Program or use of your Account, and to withhold, collect, report, and remit the correct amount(s) of taxes to the tax authorities that you are subject to under Applicable Law. We are not obligated to, and will not determine, whether any taxes apply to you, nor will we collect, calculate, report, or remit any taxes to any tax authority on your behalf. If you are unsure whether you have tax obligations as a result of your participation in the AVA Smart Program or use of your Account, please check your local tax laws or seek professional advice to ensure that you meet your local tax obligations.
4.13 We reserve the right to change, cancel, reverse, or refuse to honour any pay-out for any Benefits or other incentives, regardless of your entitlement.
4.14 The AVA Smart Program, as outlined in these Terms, may be amended from time to time, including the Benefits you are entitled to as part of your membership.
5.1 By signing up for the use of the Services, you represent and warrant that:
(a) you are at least eighteen (18) years of age;
(b) you have the full right, legal capacity, and authority to agree to these Terms;
(c) you are a natural person (i.e. an individual, not a legal entity);
(d) you are not a resident, or tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
(e) you are compliant with the Applicable Law to which you are subject in your respective jurisdiction and will not use the Services if any Applicable Law prohibits you from doing so in accordance with these Terms.
5.2 In order to use the Services, you must first register for an Account and subsequently access the Services via the Sites.
5.3 You agree that any information provided by you to us may be shared, without limitation or restriction, with any of our partners or related bodies corporate for the purpose of providing the Services, or with Governmental Authorities to comply with any Applicable Law in connection with the Services.
5.4 We reserve the right to refuse your application for an Account without explanation and to suspend, terminate or limit your use of the Services or your Account.
5.5 We reserve the right to change the eligibility criteria for registration or use of the Services at any time.
6.1 You acknowledge that there are inherent risks associated with purchasing and holding AVA Tokens and Digital Assets, including (without limitation) extreme volatility, rapidly developing regulations (which may limit your access to Digital Assets), and their digital nature (which may appeal to hackers). Events beyond our control could impede or limit your ability to use or access the AVA Smart Program, or even result in the loss of your Digital Assets. By acknowledging these risks, you agree that AVA Holdings, its Partners and their related entities and persons cannot be held liable for losses or damages due to said risks.
6.2 Regulation of Digital Assets is nascent and any deposits made to your Account or other external wallets may not be protected by any government-backed depositor compensation, insurance, or guarantee scheme.
6.3 We may provide historical and/or real-time data, graphs, or charts in relation to Digital Assets. These are provided as reference materials only and should not be relied upon for any reason. We make no representations as to the accuracy, completeness, quality, or usefulness of such data, and in providing these materials or any other relevant information, we do not provide promises, estimates, or forecasts with regard to the price of the AVA Token or any other Digital Assets.
6.4 Any content contained on Sites shall not be interpreted as investment advice and shall not be considered a substitute for such advice. Any content on the Sites shall also not be considered promotional material for any Digital Assets.
7.1 We reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your Account, including without limitation:
(a) where Applicable Law, any court, or any other regulatory body or authority requires us to, or we believe requires us to;
(b) where you or your Account is subject to an investigation, government proceedings, or pending litigation;
(c) where we reasonably believe that you may be in breach of these Terms or are otherwise trying to circumvent these Terms, such as by opening multiple Accounts or abusing any aspect of the Services;
(d) where we reasonably form the belief that your Account has been compromised or that the Services are being used in a fraudulent or unauthorised manner by you; or
(e) where we reasonably form the belief that you (or your Account) is being used to launder money, finance terrorism, commit fraud, or participate in any other crime.
7.2 Any transactions in connection to an Account that has been suspended, restricted or terminated may or may not be executed at our sole discretion and not necessarily at the same prices or on the same terms. Where an Account has been suspended, the suspension will only be lifted once the reasons for suspension no longer exist and at such time when it is reasonably practicable.
7.3 You understand and agree that the Services may be provided by a third party service provider or subcontractor selected at our discretion. We shall not be liable for any delay, loss or damage of any kind incurred from any part of the Services that are provided by any third party service provider or subcontractor. All claims in connection with the act of any third party service provider or subcontractor in relation to the Services shall be brought solely and directly against such party and/or its agents. Our sole liability in relation to any part of the Services executed by any third party service provider or subcontractor shall be limited to the use of reasonable care in the reselection of such party/parties.
7.4 Digital assets may change their underlying protocols, which may result in a “Forked Network” that is a deviation from the original protocol. A Forked Network may affect the value of a Digital Asset stored in your Account. We reserve the right to suspend any part of the Services in order to determine, at our sole discretion, whether or not to support the Forked Network. Where we decide not to support a Forked Network, we reserve the right to the sole ownership of any Digital Assets derived from the Forked Network.
7.5 We reserve the right to suspend accounts if we notice any activity that we believe is abusive, fraudulent, or in violation of these Terms. We reserve the right to review and investigate all activities conducted via the Services and to modify the Services in our sole discretion, as deemed fair and appropriate by us.
8.1 In using the Sites, you agree and warrant that you:
(i) will use the Sites strictly for personal and non-commercial purposes only and you acknowledge that use of the Sites for any other purpose is prohibited;
(ii) will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website, whether using robots, spiders, or other "screen scraping" software or system used to extract data;
(iii) will not use the Sites to provide information contained within the Sites to any other persons or organisations, other than for your personal and non-commercial use;
(iv) will not use the Sites for any purpose that is either unlawful or not allowed under these Terms.
(v) will not commit any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
(vi) will not use the Sites while impersonating another person;
(vii) will not use the Sites to defame or libel us, our employees or other individuals;
(viii) will not transmit any viruses, Trojan horses, worms, or other items that may cause damage to our property or the property of other individuals;
(ix) will not post or transmit to the Sites any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise, or which is detrimental to or in violation of our systems or a third party’s systems or network security;
(x) will not tamper with, hinder the operation of, or make unauthorised modifications to the Sites (including deleting data from the Sites without our permission);
(xi) will not breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using the Sites; and
(xii) will not attempt to gain unauthorised access to the Sites, user accounts, or computer networks or systems connected to the Sites through hacking, password mining, or any other means.
8.2 To use the Sites, you must be at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18). By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use the Sites in accordance with all terms and conditions. We will not compensate you or anyone else for any expenses incurred as a result of minors using the Services.
8.3 Your use of the Sites and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to the Sites or the Content. Any reproduction or redistribution of the Sites or Content is prohibited and may result in penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction, or distribution is expressly prohibited. All other use, copying, or reproduction of the Sites, the Content, or any part of the Sites or Content is prohibited, except to the extent permitted by law.
8.4 We will determine whether there has been a breach of these Terms through your use of the Sites. If a breach of this Policy has occurred, we may take such action as we deem appropriate, including denying you access to the Sites, bringing legal proceedings against you, or disclosing such information to law enforcement authorities as we deem appropriate.
8.5 The Sites may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not liable to you if interference with or damage to your computer systems occurs in connection with the use of the Sites or any linked website. You must take your own precautions to ensure that your device is protected from viruses and malware.
8.6 If we allow you to post any information to the Sites, we have the right to take down this information at our sole discretion and without notice.
8.7 If you do not agree with these Terms, you must not use the Sites or the Services.
9 LIABILITY
9.1 ALL INFORMATION ON THE SERVICE IS PROVIDED IN GOOD FAITH, HOWEVER, AVA HOLDINGS AND ITS PARTNER MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SERVICE.
9.2 UNDER NO CIRCUMSTANCE SHALL AVA HOLDINGS, ITS PARTNERS OR THEIR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL AVA HOLDINGS OR ITS PARTNER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THEM.
9.3 AVA HOLDINGS' TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO, AT OUR SOLE DISCRETION: (A) RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED, OR; (B) PAYING THE COST OF RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
9.4 AVA HOLDINGS ASSUMES NO LIABILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
9.5 THE LIMITATION OF LIABILITY UNDER THIS CLAUSE 9 APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AVA HOLDINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10.1 Indemnification. You agree to indemnify and hold harmless AVA Holdings, our Partners our third party service providers and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any Applicable Law, regulation, or rights of any third party during your use of the Services. If you are obligated to provide an indemnity pursuant to these Terms, we or our Partners will have the right, at our sole discretion, to control any action or proceeding and to determine whether we wish to settle and, if so, on what terms.
10.2 Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval. Any attempted transfer or assignment in violation hereof shall be null and void.
10.3 Entire Agreement. These Terms constitute the entire agreement between us and you with regard to the subject matter and supersede all prior written or oral agreements (whether express or implied) between the Parties. In agreeing to these Terms, each party acknowledges that it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
10.4 Severability. If any provision in these Terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
10.5 Waiver. No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to exercise or enforce any provision of these Terms shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
10.6 No Joint Venture. No joint venture, partnership or agency relationship of any kind is created or arises as a result of your use of the Sites or the Services.
10.7 Force Majeure. AVA Holdings and our Partners shall not be liable for any delay or failure in performance under these Terms arising out of a cause beyond its control which include, but are not limited to acts of God, natural disasters, epidemics, civil conflicts, protests, riots, blackouts, strikes, wars, any governmental or regulatory action, outage or restrictions of supplies of goods or services, restrictive travel orders and recommendations and other circumstances that we cannot foresee or reasonably resolve. In instances of force majeure, we are exempt from any resulting liabilities or responsibilities.
10.8 Currency Rates. The currency rates displayed on the Sites are not verified or guaranteed by us as being accurate and should be used as guidelines only. Rates are not guaranteed to be updated every day and actual rates may vary.
10.9 Accuracy of Information. The information, software, products, and services published on the Sites may include inaccuracies or errors, including pricing errors. AVA Holdings, its Partners and their related entities and persons do not guarantee the accuracy of any part of the Sites and disclaim all liability for any errors or other inaccuracies relating to the information, pricing and description of any Services or part of the Services.
10.10 Governing Law and Jurisdiction. These Terms and any non-contractual obligations arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of the British Virgin Islands. You irrevocably agree that the courts of the British Virgin Islands have exclusive jurisdiction to settle any dispute.