Terms of Use and Agreement

Ava Wallet Account Terms of Use and Agreement
USE OF THE AVA WALLET MOBILE APPLICATION (THE “AVAWALLET”, “APPLICATION” ) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY AVAWALLET FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”) AND ALBATROSS MANAGEMENT SDN. BHD. (“ALBATROSS", “US”) GOVERNING THE USE OF THE AVAWALLET.

THE USE OF AVAWALLET IS GOVERNED BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS BEFORE USING YOUR AVAWALLET. IF YOU DO NOT UNDERSTAND THESE TERMS YOU MAY CALL +60 11-3328 2656 TO DISCUSS YOUR CONCERNS WITH US BEFORE YOU FIRST USE YOUR AVAWALLET.

BY DOWNLOADING OR INSTALLING THE APPLICATION USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.

PLEASE ALSO TAKE THE TIME TO REGISTER YOUR AVAWALLET AT OUR WEB SITE AT www.avawallet.biz AS THIS WILL ENSURE YOU THE SECURITY IN THE EVENT THAT YOUR CARD IS LOST, STOLEN OR DAMAGED.

WE RECOMMEND YOU KEEP A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

PART ONE: AVAWALLET GENERAL TERMS

About Your Account; ALBATROSS Purchases Only The AVAWALLET is issued to you by ALBATROSS. It allows you to load a monetary value on to your AVAWALLET for future purchases at ALBATROSS stores. The AVAWALLET is to be treated like cash. It cannot be replaced if lost, stolen or damaged unless you have registered each of your AVAWALLET and reported the loss as described below. The monetary value that you load onto your AVAWALLET is a pre-payment only for the goods and services of ALBATROSS stores. No credit card, credit line, overdraft protection or deposit account is associated with a AVAWALLET. No interest, dividends or any other earnings on funds loaded on to a AVAWALLET will accrue or be paid or credited to you by ALBATROSS. The value associated with the AVAWALLET is not insured or guaranteed by any person or entity.

Your AVAWALLET is only valid for use in ALBATROSS stores in Malaysia only. We reserve the right not to accept any AVAWALLET or otherwise limit use of a AVAWALLET if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Loading Value on Your Card

In Malaysia, you can load value onto a AVAWALLET by using cash, credit card, and/or debit card by visiting any ALBATROSS store in Malaysia. If you choose to top up your AVAWALLET online, any personal data which you provide to us in order to do so will be held pursuant to ALBATROSS Privacy Policy on servers in Malaysia and by proceeding with the topping up facility, you will be agreeing to this arrangement. Loading a AVAWALLET with another AVAWALLET is not allowed. The minimum amount that can be loaded into a AVAWALLET for the first time is RM100. No limit of top up amount is permitted on a AVAWALLET at any given time and the amount that can be reloaded into a AVAWALLET must be in denominations of RM100. ALBATROSS may change these maximum and minimum amounts at any time by notifying you at the point of sale or on the AVAWALLET web site and such change shall not constitute an amendment to this agreement.

Fees and Expiry Date

ALBATROSS does not charge any fees for the issuance, activation, use or reloading of your AVAWALLET. Your AVAWALLET will expire if not used or is inactive in three (3) years from the last transaction date (inclusive of activation and last reload date). Thereafter, your AVAWALLET shall be deemed expired, is not valid for any use and will be automatically deactivated. Any remaining credit balance on your ALBATROSS will be automatically forfeited upon deactivation under any circumstances and cannot be refunded to you.

Receipts and Statements

Cardholders are not sent statements of itemized transactions from AVAWALLET account. You can check the balance of your AVAWALLET or review the last twenty recent transactions on your AVAWALLET or by calling +60 11-3328 2656. Keep your receipts and check your online statement to ensure that your account balance is correct.

Redemption

The Malaysia AVAWALLET cannot be exchanged for cash or credit balance unless required by and subject to the terms of this agreement. All reward benefits are valid only within their stipulated periods. There is no reversal or refund of any activation or credit reload into your AVAWALLET.

Complaint Handling

We reserve the right to correct the balance of your AVAWALLET account if we believe that a clerical, billing or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your AVAWALLET, please contact our Customer Care Team by phone on +60 11-3328 2656 and we will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you provide us notice within sixty (60) days of the date you become aware of the error. You should monitor your transactions and account balances closely.

Optional Registration; Liability for Unauthorised Transactions

Because your AVAWALLET is used like cash for purchases from ALBATROSS, you are fully and solely responsible for the security, management and for all transactions associated with your AVAWALLET, including unauthorized transactions. There are no replacements for lost, stolen or damaged AVAWALLET.

PART TWO: IMPORTANT LEGAL TERMS

Apple and Google Terms and Conditions; ALBATROSS Policies

These Terms supplement and incorporate (a) in case the Application is distributed through Apple, Inc.’s (“Apple”) system, Apple’s Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.php#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); (b) in case the Application is distributed through Google Inc’s (“Google”) system, Google Play Terms of Service (located at http://play.google.com/about/play-terms.php) (“Google Terms”) and (c) other ALBATROSS policies (“ALBATROSS Policies”), including the terms of use for the ALBATROSS Website and the AVAWALLET, posted at www.avawallet.biz (“AVAWALLET Website”). If any of the provisions of the Apple Terms, Google Terms or any applicable ALBATROSS Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.

User License

Subject to these Terms, ALBATROSS grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal and/or non-commercial use only on an Apple iPhone, iPad or iPod Touch or an Android device (each a “Device”) owned or controlled by User as permitted by the Apple Terms or the Google Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Application (“Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

Online Payment

Users who download the Application to a Device may also elect to participate in certain functionality of the Application which will allow the User to use a Device to load value to or make payment by a ALBATROSS stored value card (“AVAWALLET”) or to transfer any or all of the outstanding balance from one AVAWALLET to another AVAWALLET in accordance with these Terms and the AVAWALLET Policies including the ALBATROSS Terms and Conditions located at AVAWALLET Website or which will allow the User to use a Device to make payment by credit card in accordance with these Terms and the ALBATROSS Policies (“Online Payment”). ALBATROSS reserves the right at any time to discontinue any or all of the functions of Online Payment.

You may only use the bar code or code generated from your Device to make a payment. ALBATROSS reserves the right to reject any bar code or code presented in any other forms such as screenshots, printed or images generated through any other mediums. ALBATROSS shall not be liable to verify the identity or authenticity of any Device holder. All transactions carried out from your ALBATROSS account through a Device shall be deemed to be valid and authorised by you.

User Information

Some functionality of the Application, including Online Payment, purchase of ALBATROSS Virtual Card (“E-Card”) and location based services and functionality, may require the transmission of information provided by the User including but not limited to user names and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in the User’s Device, phone-book information, information related to a AVAWALLET or GPS location (“User Information”). If the User uses such Application functionality, the User consents to the transmission of User Information to ALBATROSS, its agents and/or service providers and authorizes ALBATROSS, its agents and/or service providers to record, process and store such User Information as necessary for the Application functionality and for purposes described in the ALBATROSS Privacy Policy located at AVAWALLET Website. The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, including Online Payment, for all transactions and other activities undertaken with any AVAWALLET registered in the User’s name or in relation to purchase of AVAWALLET E-CARD, whether authorized or unauthorized. The User agrees to immediately notify ALBATROSS of any unauthorized transactions associated with the Application including Online Payment or any other breach of security. ALBATROSS shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.

Acceptable Use

Use by the User of the Application and any Content and User Information transmitted in connection with the Application is limited to the contemplated functionality. The User agrees that his or her use of the Application and any Content must comply with these Terms and the ALBATROSS Policies. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Application, AVAWALLET Website or Content that is not authorized by ALBATROSS; (d) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Application, AVAWALLET Website or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to ALBATROSS computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair ALBATROSS servers or networks; or (j) fails to comply with applicable third party terms (collectively “Acceptable Use”). ALBATROSS reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Online Payment, remove Content or assert legal action with respect to Content or use of the Application, including Online Payment, that ALBATROSS reasonably believes is or might be in violation of these terms of Acceptable Use or ALBATROSS Policies including the ALBATROSS Terms and Conditions, but ALBATROSS failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Indemnification

At ALBATROSS request, the User agrees to defend, indemnify, and hold harmless ALBATROSS, ALBATROSS Corporation and their affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User’s use or misuse of the Application (including Online Payment), violation of these Terms or violation of any rights of a third party. ALBATROSS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Application or User’s possession and use of the Application infringes that third party’s intellectual property right, ALBATROSS, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

No Warranties

ALBATROSS IS PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALBATROSS DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS THAT THE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ERRORS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION (INCLUDING AS PART OF ONLINE PAYMENT) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

ALBATROSS will not be liable the User for:

any loss of income, business, goodwill or profits arising out of this agreement;

any loss of income, business, goodwill or profits arising out of this agreement;

any unauthorized access to or alteration, theft or destruction of the AVAWALLET;

the consequences of any delay or mistake relating to the use of AVAWALLET caused by any circumstances beyond ALBATROSSS’ control;

any loss or damage which was not caused by ALBATROSS s’ breach of this agreement or breach of legal duty of care;

any loss or damage which was not a reasonably foreseeable result of either ALBATROSSs’ breach of this agreement or breach of legal duty of care. Loss or damage is "reasonably foreseeable" if, at the time ALBATROSS and the User entered into this agreement, such loss was contemplated by the User and by ALBATROSS; or

any loss or damage suffered by the User as a result of the User failing to take reasonable precautions against such loss or damage.

Marks, Application and Content

“AVAWALLET”, “ALBATROSS MANAGEMENT SDN. BHD.”, the AVAWALLET logo, and other ALBATROSS trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of ALBATROSS Corporation (collectively “ALBATROSS Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The ALBATROSS Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of ALBATROSS or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by ALBATROSS or the owner of the Content.

Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the courts of Malaysia for purposes of any legal action arising out of or related to the use of the Application or these Terms. If as a result of the introduction of new laws, stamp duty, statutory fee and service tax (including any goods and services tax) is chargeable in connection with this Agreement, you agree that ALBATROSS is authorised to deduct such duty, fee and tax from your AVAWALLET upon activation.

Changes

ALBATROSS reserves the right to change or modify these Terms or any other ALBATROSS Policies related to use of the Application at any time and at its sole discretion by posting revisions on the AVAWALLET Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may transfer all or part of this agreement without such transfer being considered a change to the agreement, by giving notice to you. The company or other entity to whom we transfer this agreement will have the same rights and obligations as we did before the transfer and we will ensure that it agrees in writing to be bound by the terms and conditions of this agreement so that you rights under this agreement are not detrimentally affected.

Entire Agreement; Construction

All correspondence entered into under this agreement will be in the English language. This agreement is the complete and exclusive statement of the agreement between you and ALBATROSS MANAGEMENT SDN. BHD. and supersedes all prior proposals and all other agreements in respect of the subject matter of this agreement. If any provision of this agreement is illegal or unenforceable, that provision will be deleted from this agreement, and the remaining terms will not be affected. Headings are for convenience of reference only and will in no way affect interpretation of this agreement.

Changes

ALBATROSS reserves the right to change or modify these Terms or any other ALBATROSS Policies related to use of the Application at any time and at its sole discretion by posting revisions on the AVAWALLET Website. Continued use of the Application following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

Enquiries or Questions

If you have any questions regarding this AVAWALLET Account Terms of Use and Agreement, or your AVAWALLET, please CONTACT our Customer Care Team at hello@avawallet.biz or call +60 11-3328 2656

ALBATROSS MANAGEMENT SDN. BHD.
B0218,
PLAZA BUKIT JALIL (AURORA PLACE) NO. 1, PERSIARAN
JALIL 1 BANDAR BUKIT JALIL 57000 KUALA LUMPUR W.P. KUALA LUMPUR MALAYSIA


ALBATROSS MANAGEMENT SDN. BHD. All rights reserved.