Section A – General Terms
Introduction
Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Services which are applicable to you. These Terms of Service and the Avas Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Avas (as defined). The Agreement applies to your use of the Service (as defined) provided by Avas. If you do not agree to the Terms of Service, please do not use or continue using the Application or the Service.
Avas may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.avas.app or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
AVAS IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO VIEW, OBTAIN OR PROCURE GOODS AND SERVICES PROVIDED BY PARTNER OR US. WHERE THE GOODS/SERVICES ARE OFFERED AND/OR PROVIDED BY PARTNER, AVAS’S ROLE IS MERELY TO LINK THE USER WITH SUCH PARTNERS OR TO ENABLE CONSUMERS TO VIEW INFORMATION IN RESPECT OF THE PARTNER’S GOODS/SERVICES. AVAS IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNERS OR INFORMATION RELATING TO THE SAME. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS AND SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE, AN AGENT, EMPLOYEE OR STAFF OF AVAS AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY AVAS.
Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
“Application” means the relevant mobile application(s) made available for download by Avas (or its licensors) to Consumers and Partners respectively;
“Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;
“Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;
“Avas” / “we” means:
AvasRide, AvasExpress, Avas Express, AvasBites, and AvasAds;
relation to Avas for Business, the entity stated at the Avas for Business account sign-up page in relation to; and/or
the relevant subsidiary, affiliate, associated company of Avas Enterprise Pvt Ltd.
“Avas Policies” means the following:
the Privacy Policy;
the Driver / Delivery Partner Code of Conduct or the Avas Consumer Code of Conduct may be applicable; and
all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
“Partner” means the independent third parties (who are not Avas) who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners, delivery-partners, (b) merchant-partners such as AvasBites, AvasExpress, and (c) any other relevant goods and services providers;
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
“Platform” means the Application, Software and any other platform, portal or website which Avas owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;
“Privacy Policy” means our privacy policy accessible at: “https://www.avas.app/terms-policies/privacy-notice/” as amended from time to time;
“Service” means the linking of Consumers to Partners or other Consumers through the Application, Platform and/or Software;
“Software” means any software associated with the Application which is supplied made available for download and installation by Avas;
“Solutions” means the transportation, food and beverage, groceries, logistics and/or othe products and services which are made available to Consumers through the following offerings:
AvasRide;
AvasBites;
AvasExpress;
“Transport Service” means transport Solutions such as:
AvasRide;
Any such other services which Avas may make available from time to time; and
“You” refers to the Partner and/or Consumer as may be applicable.
Representations, Warranties and Undertakings
By using the Service and/or Platform, you represent, warrant and undertake that:
You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Avas may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Avas has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Avas;
You will only use the Application, Platform and Service for their intended and lawful purposes;
You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending, posting or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third party rights or otherwise in breach of the applicable laws and/or Avas Policies such as the Review Guidelines and Guideline on inappropriate and sensitive online content; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;
You will not attempt to commercially exploit any part of the Application without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Avas. This includes without limitation not to:
(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;
(c) conduct data mining or scraping activities; and
(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;
3.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Avas or to disrupt the natural functions of the Application;
3.1.13. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.14. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Avas or any third party;
3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Avas may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Avas has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.16. You will only use an access point or data account which you are authorized to use;
3.1.17. You agree that the Service is provided on a reasonable effort basis;
3.1.18. You agree that your use of the Service will be subject to Avas’s Privacy Policy;
3.1.19. You agree to assist Avas with any internal or external investigations as may be required by Avas in complying with any prevailing laws or regulations in place;
3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Avas or any other party as a result of your breach of this Agreement;
3.1.21. You provide us the phone numbers of Avas users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.
3.1.22.You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;
3.1.23. You agree that Avas may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and
3.1.24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Avas or any other party as a result of your breach of this Agreement.
If you are a Partner, you further represent, warrant and undertake that:
If applicable, you possess a valid driver’s license, and for AvasRide service, a public vehicle service license or have obtained an taxi permit in order to operate a motor vehicle and have all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;
If applicable, you own, or have the legal right and authority to operate, the vehicle, equipment, premises or any other matter or thing which is involved or used in the course of your provision of the Solution(s);
If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts in connection with your provision of the Solution(s));
If applicable, you possess a valid policy of private vehicle insurance (in industry-standard coverage amounts) to operate the vehicle as required by the relevant authorities and any other applicable regulation for the operation of the vehicle. You shall ensure your insurance covers any and all anticipated and unforeseeable losses in relation to damages to the vehicle, any claims, personal injury and death of Consumers, as well as third party coverage whilst operating as a Partner. You shall ensure that your insurance is purchased and effective and not expired and a copy of the same shall be submitted to Avas;
You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s)provided by you;
You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws and you acknowledge that Avas has the right to carry out background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;
You shall not contact Consumers for purposes other than in connection with the Service;
You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application
You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;
If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Avas’s information or information related to the Application or the Service. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and Avas reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
Without prejudice to any other provisions, information which you have submitted to us for your registration as a Partner on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
If you are a Consumer, you further represent, warrant and undertake that :
Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Partner is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;
You shall not contact the Partner for purposes other than the Service;
You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.
Compatibility
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
License Grant and Restrictions
Avas and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Avas and its licensors.
You shall not:
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform.
Payments
6.1 Payment Terms for Partners (Drivers-partners / Delivery-partners)
Avas charges a fee for your use of the Service (“Service Fee”). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
YOU ACKNOWLEDGE AND CONFIRM THAT AVAS MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
Avas retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Avas liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
Avas may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumer whereby these promotional offers shall accordingly be honored by you. Avas may change the Service Fee at any time at its sole discretion.
Driver’s Cash Balance: Avas shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). You must ensure your Cash Balance is not negative at all times. Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver AvasPay Wallet, or to such other recipient accounts as are made available in the Application, provided always, your Cash Balance does not fall below MVR 15. Avas reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application. You agree may retain, apply, or set off any sum due and owing, monies, deposits or balances held in, or standing to the credit of any account towards the satisfaction of any obligations and service quality due from you to Avas, whether such obligation be present or future, actual or contingent, primary or collateral and several or joint.
Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with Avas a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Avas by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Avas, and shall be notified to you via the Application. It may be changed at any time at Avas’s sole discretion. You agree Avas may retain, apply, or set off any sum due and owing, monies, deposits or balances held in, or standing to the credit of any account towards the satisfaction of any obligations and service quality due from you to Avas, whether such obligation be present or future, actual or contingent, primary or collateral and several or joint.
You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is MVR 5,000.00. Balance may be added in any manner prescribed by Avas from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).
Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Avas may receive interest on amounts that Avas holds on your behalf. You agree to assign your rights to Avas for any interest derived from your Credits.
Payment Terms for Consumers:
Consumers are required to make full payment of the Consumers Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
Automated payment may be made by credit card and or debit card, by AvasPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the AvasPay Terms of Service.
If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partners unless you choose to change the amount or remove the tip.
Cancellation
For Partners:
The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers ’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Avas.
While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Avas reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
For Consumers :
You may cancel your request for transportation services at any time before you commence your ride with the Partner that has been matched with you by the Service.
If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Avas may notify from time to time via the Cancellation Policy on Avas’s website.
If you feel you were incorrectly charged a Cancellation Fee, you may contact Avas via the Help Center on Avas’s website for assistance. Avas reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the AvasPay Credits or such other method as is deemed reasonable by Avas, for cash payments.
AvasRewards Loyalty Programme and Promotions for Consumers
If you are a Consumer using the Application, you will automatically be a member of the loyalty programme named “AvasRewards Loyalty Programme” operated by Avas and/or its affiliate companies.
The terms of the AvasRewards Loyalty Programme will be governed by the AvasPay Terms of Service.
From time to time, Avas may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Avas reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Avas reserves the right to void, discontinue or disqualify you from any promotion or subscription plan without prior notice to you , in the event you breach any part of these Terms of Service.
Ratings
Consumers and Partners may be allowed to rate each other in respect of Solutions provided.
Every rating will be automatically logged onto Avas’s system and Avas may analyze all ratings received. Avas may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
Complaints
Any complaints between Partners and Consumers must be taken up with each other directly.
Please contact our Help Center if you have any questions or comments in relation to the Platform.
Repair and Cleaning Fees for Consumers
Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. Avas may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Avas.
Intellectual Property Ownership
Avas and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Platform, or any intellectual property rights owned by Avas and/or its licensors. Avas’s name, Avas’s logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Platform are trademarks of Avas or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Platform herein shall include its respective components, processes and design in its entirety.
You may be able to submit your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, Avas does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you
(a) irrevocably grant Avas a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and
(b) undertake that you have the right to grant us such license and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to Avas the right (though you acknowledge and agree that Avas shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and all promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Should you wish to request removal of any of the content, you may contact Avas’s Help Center to submit such request. Where the content you submitted is a review.
Taxes
You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Avas to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
Confidentiality
You shall maintain in confidence all information and data relating to Avas, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Avas (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Avas, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Avas’s prior written consent, disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
was at the time of receipt already in your possession;
is, or becomes in the future, public knowledge through no fault or omission on your part;
was received from a third party having the right to disclose it; or
is required to be disclosed by law.
Data Privacy and Personal Data Protection Policy
Avas collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Avas’s Services and its terms are made a part of this Agreement by this reference.
Where applicable, you agree and consent to Avas, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
You acknowledge that Avas may disclose Personal Data of other individuals to you in the course of your use of Avas’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Avas, and not for any other unauthorized purposes.
Third Party Interactions
During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Avas and its licensors shall have no liability or obligation for any such communication or agreement. Neither Avas nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Avas, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain Partners of transportation, goods and/or services may require your agreement to additional or different Terms of Service and privacy policies prior to your use of or access to such goods or services, and Avas is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Avas is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.
Avas may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.. You agree and allow Avas to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties or otherwise display content or material provided by third parties (“Third Party Content“). Such Third Party Content are not under our control and we are not responsible or liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.
You acknowledge that in addition to utilising data from the Data Sources listed in Section B the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with
(1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html;
(2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and
(3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not:
copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
sublicense, transfer or distribute Google Maps;
sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
Indemnification
By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold Avas, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or
(b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or
(c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or
(d) your use or misuse of the Service, the Platform, Software and/or the Application; and
(e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service .
Disclaimer of Warranties
The Application, its content and any related service(s) is provided to you on an “as is” basis. Avas makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.
Avas makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Avas in respect of the same.
Internet Delays
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE Partners BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. AVAS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST AVAS BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILIZING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. AVAS AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF AVAS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AVAS DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE AVAS FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
AVAS WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR AND PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH AVAS, AVAS CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE AVAS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNERS WHO ULTIMATELY PROVIDES SUCH SOLUTION TO CONSUMERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
Notice
Avas may give notice through the Application, electronic mail to your email address in the records of Avas, or by written communication sent by registered mail or pre-paid post to your address in the record of Avas. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Avas (such notice shall be deemed given when received by Avas) by letter sent by courier or registered mail to Avas using the contact details as provided in the Application.
Assignment
These Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Avas but may be assigned without your consent by Avas. Any purported assignment by you in violation of this section shall be void.
Dispute Resolution
This Terms of Service shall be governed by Maldives law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service shall be referred to the Asian Maldives International Arbitration Centre (“MIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Avas (the “Arbitrator”). If you and Avas are unable to agree on an arbitrator, the Arbitrator shall be appointed by the MIAC in accordance with the Rules. The seat and venue of the arbitration shall be Male’ City, in the English language and the fees of the Arbitrator shall be borne equally by you and Avas, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Relationship
Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Avas.
Severability
If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
No Waiver
The failure of Avas to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.
Entire Agreement
This Agreement comprises the entire agreement between you and Avas and supersedes any prior or contemporaneous negotiations or discussions.
Suspension and Termination; Modification of Platform Content
You agree that we may do any of the following, at any time, without notice:
(i) to modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your Account and/or the availability of any products or services), for any reason;
(ii) to modify or change any applicable policies or terms; and
(iii) to interrupt the operation of the Platform or any portion of the Platform (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Avas Policies, we reserve the right (but shall not be obliged, save to the extent where mandated by applicable laws) to carry out any such measures as Avas deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, cancelling the affected orders at any time without prior notice (including without limitation after an order has been submitted).
No Third Party Rights or Assignment
This agreement does not give rights to any third parties who are not party to this Agreement.
