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Smart Program and Wallet Terms and Conditions

  1. INTRODUCTION

1.1 Please read these Terms of Use (“Terms”) carefully, which govern your access to, and use of, the Smart Program and Wallet (as defined in below), collectively henceforth referred to as the “Services”.

1.2 The Services are managed by AVA Holdings Ltd, a company with its registered office at c/o International Corporation Services Ltd, Harbour Place, 2nd Floor, 103 South Church Street, George Town, Grand Cayman, KY1-1106, Cayman Islands (“AVA Holdings” or “we”, “our”, or “us”).

1.3 We may revise these Terms at any time with or without notice to you. These changes shall take effect from the date of upload and your continued access or use of the Sites and/or the Services from such date shall be deemed to constitute acceptance of the new Terms. It shall be your sole responsibility to check the Sites for such changes from time to time. If you do not agree to these Terms, please exit the Sites and either do not use or cease usage of all the Services immediately.

1.4 By signing up for and/or using the Services, or clicking ‘accept’ or ‘agree’ to these Terms where that option is made available, 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. DEFINITIONS

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 registered account used to log in to the Site 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 Travala.com’s native utility token, which can be used, without limitation, to purchase travel products, receive loyalty rewards, obtain discounts, and earn bonuses;

Digital Asset: means any cryptocurrencies, virtual currencies, digital currencies, or cryptographic tokens available to deposit at www.travala.com/my-wallet;

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;

Services: means the Wallet and Smart Program, which are separately defined in Section 3 and Section 4 (respectively) of these Terms;

Sites: means www.travala.com/my-wallet and www.travala.com/smart-program, as well as the equivalent pages on the Travala.com mobile applications;

Smart Program: has the definition given by Section 4 of these Terms;

Travel Credit: means a credit that has a redemption value equivalent to US$1.00 that can be used to purchase a booking on Travala.com;

Wallet: means the digital custodial wallet owned, controlled and operated by Binance Holdings Ltd, a company with its registered office at Suite 5-204, 23 Lime Tree Bay Avenue, George Town, Grand Cayman, KY1-1104, Cayman Islands (“Binance Holdings”); and

You/Your: means, jointly and severally, the individual(s) who is/are the user(s) of the Services.

  1. SERVICES – WALLET

3.1 We provide you with access to the Wallet, which is a custodial wallet custodied by Binance Holdings, via the Sites for the purpose of storing your Digital Assets.

3.2 The Wallet enables you to perform the following actions:

(a) Deposit certain Digital Assets to the Wallet to purchase travel products on Travala.com;

(b) Withdraw Digital Assets from the Wallet to an external wallet address;

(c) View the balance and transaction history of the Wallet; and

(d) Participate in the Smart Program.

3.3 In connection with clause 3.2(a), you acknowledge that it is your responsibility to ensure that the correct address for your Wallet (as reflected on the relevant Sites) is entered when you transfer AVA Tokens to your Wallet, and that you will only transfer the supported Digital Assets, as set out on the relevant Sites, to the Wallet. You also acknowledge that any fees resulting from the transfer of Digital Assets to the Wallet shall be borne by you.

3.4 In connection with clause 3.2(b), you acknowledge that it is your responsibility to ensure that the external address to which you are withdrawing your Digital Assets to is entered correctly. You also acknowledge that any fees resulting from the transfer of Digital Assets to an external address shall be borne by you and will be debited from your Wallet at the rate applicable at the time of the withdrawal.

3.5 You acknowledge that, where you transfer any Digital Asset to an incorrect address (i.e. an address other than the correct address for your Wallet), or the transfer of any type of Digital Asset that is not a supported Digital Asset, will result in the irretrievable loss of the Digital Asset, for which we shall bear no liability.

3.6 Digital Assets that are transferred to your Wallet will only be deemed to be confirmed when the balance of your Wallet has been updated to reflect such transfer.

3.7 Fees and balances in the Wallet are not rounded, though they may be displayed to you as rounded up or down.

3.8 You acknowledge and agree that your use of the Wallet is at all times subject to your compliance with these Terms and all other applicable terms.

3.9 Without liability to you, we reserve the right to update, change, remove, cancel, suspend, disable or restrict your access to the Wallet, or discontinue the Wallet or the transfer, or change any features, component or content of the Wallet. We also reserve the right to reject the transfer of any Digital Assets to your Wallet, in which case the Digital Asset will not be credited to your Wallet and a transfer of the same amount of the relevant Digital Asset, less any applicable fees, will be made back to the address from which the Digital Asset was sent.

  1. SERVICES – SMART PROGRAM

4.1 We provide you with access to the Smart Program via the Sites, which is a loyalty and rewards program that requires the presence of a certain amount of AVA Tokens in your Wallet in order to participate.

4.2 The Smart Program currently offers a discount of up to 5% on prices listed on Travala.com, together with up to 5% loyalty rewards and bonus rewards of 8.04% APY (i.e. 0.67% monthly), which will be paid in AVA Tokens to your Wallet monthly.

4.3 The Smart Program uses a five-tier status system based on the amount of AVA locked in your Wallet, with Level 1 being the lowest tier and Level 5 being the highest tier (each Level being representative of the user’s “Status”). The Smart Program is not a paid membership. It is offered exclusively to benefit the holders of the AVA Token. At all times, you retain ownership of the AVA Tokens used to activate your access to the Smart Program.

4.4 The table below outlines the amount of AVA Tokens required to achieve each Status of the Smart Program and the corresponding SMART Discount, SMART Loyalty, and SMART Bonus (collectively the “Benefits”) of each tier:


SMART Level

Amount of AVA

SMART Discount

SMART Loyalty

SMART Bonus

Pay full with AVA

Level 1

250

Up to 1%

Up to 2%

8.04% APY

Up to 3% OFF

Level 2

500

Up to 2%

Up to 2%

8.04% APY

Up to 3% OFF

Level 3

1250

Up to 3%

Up to 3%

8.04% APY

Up to 3% OFF

Level 4

2000

Up to 4%

Up to 4%

8.04% APY

Up to 3% OFF

Level 5

2500

Up to 5%

Up to 5%

8.04% APY

Up to 3% OFF


4.5 SMART Discount – Based on your Status, you will receive the applicable SMART Discount percentage directly from the listed prices on Travala.com from the search results page carried through to the checkout stage of the booking. The SMART Discount will only apply to travel bookings that have an accompanying lightbulb graphic (“Smart Icon”) displayed on the Sites.

4.6 SMART Loyalty – SMART Loyalty rewards are calculated on the final price following the application of the SMART Discount. Once earned, SMART Loyalty rewards will be paid to your Wallet in the AVA Token based on the exchange value on the day payment is made.

4.7 SMART Bonus – SMART Bonus rewards will be calculated at the end of every month and will be paid directly to your Wallet in the following form of AVA Tokens. Note that only active Smart members are eligible for the Smart bonus.

4.8 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 Smart Program. However, AVA Tokens and/or any other Benefits derived from the Smart Program, as well as any transactions made to or from your Wallet, 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 Smart Program or use of the Wallet, 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. To assist you in any reporting obligations that you may have, we provide you with your transaction history in your Account, including all deposits, withdrawals, and the history of any Benefits distributed to you as a result of your participation in the Smart Program. Please be aware that 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 Smart Program or use of the Wallet, please check your local tax laws or seek professional advice to ensure that you meet your local tax obligations.

4.9 By participating in the Smart Program, you agree to a minimum of 30 days before you can deactivate. Once deactivated, you will have to wait a further 30 days before you can reactivate the Smart Program for your Account. The AVA Tokens used for the activation of the Smart Program cannot be withdrawn or used for payment and will be locked in your Wallet for the duration of the Smart Program being active. If you choose to deactivate the Smart Program for your Account, the AVA Tokens will be returned to the available balance in your Wallet.

4.10 Once activated, the Smart Program incentives will override any other promotion you have active. Promotions cannot be combined or compounded on Travala.com.

4.11 In connection to the Smart Program, you acknowledge and agree that the Smart Program does not constitute an opportunity to make an investment of any kind and that the Smart Program and AVA Tokens are not financial services of any kind.

4.12 If, for any reason, you believe that there is a discrepancy regarding your balance, please Contact Us. Additional information may be required in order to make a decision regarding your balance. All decisions regarding your balance will be final and at our sole discretion.

4.13 We reserve the right to cancel, reverse, or refuse to honour any pay-out for any incentives, regardless of your entitlement.

4.14 The Smart Program, as outlined in these Terms, may be amended from time to time, including the benefits you are entitled to as a result of storing the AVA Tokens in your Wallet.

  1. REGISTRATION

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 in your country 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 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.

  1. RISKS ASSOCIATED WITH DIGITAL ASSETS

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). These risks could impede or limit your ability to use or access the Smart Program, including access to your funds. By acknowledging these risks, you represent that AVA Holdings or any related entity or person cannot be held liable in the event that these risks result in any adverse effects.

6.2 The Digital Asset market is largely unregulated and any deposits made to your Wallet or other external wallets are not 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 should not be interpreted as investment advice and should not be considered a substitute for such advice. Any content on the Sites should also not be considered promotional material for any Digital Assets.

  1. RIGHTS WE RESERVE

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 your Wallet 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 In so far as Applicable Law permits us to, adequate notice of termination will be provided to you in the event that we decide to suspend, restrict or terminate your access to the Services. Any transactions in connection to an Account that has been suspended, restricted or terminated will be executed (or not executed) at our sole discretion and not necessarily at the same price or on the same terms. Where an Account has been suspended, the suspension will only be lifted once the reasons for refusal 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. To the extent that Applicable Law permits, 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 selection 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 Wallet. 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.

  1. ACCEPTABLE USE

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 Unless otherwise indicated, we own, or license from third parties, all rights, title, and interest (including, without limitation, copyright, designs, patents, trademarks and other intellectual property rights) contained on the Sites and in all of the material (including, without limitation, all text, graphics, logos, audio and software) made available on the Sites (“Content”). 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. However, we do grant you a licence to access the Sites and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third party licensors. 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 Our 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 whatever you select for your use from our Sites is free of viruses or any other malware that may interfere with or damage the operations of your computer systems.

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 By using the Sites, or by entering into correspondence with us through email, telephone, or other communication tools, you agree that we may communicate with you through methods including, but not limited to, email, telephone, messaging applications, and in-app notifications. If you wish to unsubscribe from marketing emails, please click ‘Unsubscribe’ at the footer of any of our marketing emails or Contact Us. Please note that, if you unsubscribe from our marketing emails, you will still receive non-marketing emails from us (including important information relating to any Services that you use).

8.8 If you do not agree with these Terms, you must not use the Sites.

9 LIABILITY

9.1 THE SERVICES ARE PROVIDED ‘AS IS’ AND WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY (EXCEPT IN RELATION TO NON-EXCLUDABLE OBLIGATIONS).

9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT DO WE, NOR ANY OF OUR DIRECTORS, EMPLOYEES, AGENTS, OR RELATED BODIES CORPORATE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, DELAY, INCONVENIENCE OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO YOUR USE OF OUR SERVICES, THIRD PARTY PROVIDERS, FORCE MAJEURE OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART.

9.3 WHERE OUR REPRESENTATIONS AND WARRANTIES CANNOT BE EXCLUDED, OUR LIABILITY IS LIMITED TO ANY ONE OF THE FOLLOWING, AT OUR 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 APPLICABLE LAW WILL LIMIT OUR LIABILITY TO THE RELEVANT REMEDIES IN THE EVENT THAT OUR LIABILITY CANNOT BE EXCLUDED. THESE TERMS DO NOT LIMIT ANY OF YOUR POSSIBLE RIGHTS THAT YOU MAY HAVE AS A CONSUMER UNDER APPLICABLE LAW.

  1. MISCELLANEOUS

10.1 Indemnification. You agree to indemnify and hold harmless us and 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 indemnify us, our third party service providers, or their respective directors, officers, employees or agents pursuant to these Terms, we 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. Our contractual obligations to you under these Terms will be hindered, delayed, or prevented due to reasons of force majeure, which include, but are not limited to, factual, technical, political, economic, meteorological circumstances, including but 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 derived legal responsibilities arising from such deficiencies or non-compliances.

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 and its affiliates 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 Updates to these Terms. These Terms may be updated or amended at any time without prior notice. If we modify these Terms, we will post the modification on the relevant Sites and Services, which are effective immediately upon posting. By continuing to use the Services after any updates or amendments, you agree to the modifications of these Terms and/or the Services.

10.11 Governing Law and Jurisdiction. These Terms and any disputes arising out of or in connection with these Terms are governed by the laws of the Cayman Islands. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in the Cayman Islands.

 

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