Terms of use

    EFFECTIVE DATE: May 01, 2019


    AiVA GROUP and/or AiVA Lifestyle Sdn Bhd (Company number 1336493-V) (including all of its subsidiaries, brands, related and/or associated companies/brands). These entities are collectively referred to as "AiVA", “we”, “us” or “our”. At AiVA, would like to thank all of you for using our Websites, Mobile Sites, Mobile Applications, any Services or any Purchase available through it (collectively, “Platforms”) and to be part of us. AiVA’s hereby provides the content and/or information in Platform to you subject to the terms and condition stipulated herein, the Privacy Notice and any other terms and conditions and policies which you may find throughout this Platforms in connection with certain functionality, features or product, all of which deemed a part of and included within these terms and conditions (collectively, "Terms of Use"). By accessing or using this Platforms, you are acknowledging that they have read carefully, understand and agree, without any limitation or qualification, to be bound by these Terms of Use.

    These Terms of Use shall come to effect at this moment, however, this Terms of Use may be amended from time to time accordance to the change of Law, without notice to you by posting changes online. You are responsible to regularly review information posted in the Platforms to obtain timely notice of such changes. You represent that you are legally able to accept these Terms of Use, and affirm that you are of the capacity to form a binding contract. If you do not agree to these Terms of Use, you shall not use this Platforms.

    All text, graphics, visual interfaces, photographs, video, trademarks, logos, sounds, music, artwork and advertisement (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained in this Platforms is solely owned, controlled or licensed by or to AiVA, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

    Except as expressly provided in these Terms of Use, no part of this Platforms and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or any other medium for publication or distribution or for any commercial enterprise.

    You may use any information on AiVA related to AiVA products including but not limited to product video, knowledge base articles, and any materials purposely made available by AiVA for downloading from the Platforms, provided that you shall (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

    For the purpose of these Terms of Use, the following terms shall, unless the context otherwise requires, have the meanings as defined below. All other terms not defined herein shall have the meaning as may generally be accepted within the industry based on the context used herein:
    “Register” means creating an account on the Platform;
    “Activation” or “Activated” means the point in time when your Account is activated for use;
    “ABP and/or Ai” means the ABP and/or Ai in the form of Electronic Point and/or Royalty Point and/or Discount Point and/or Value Point given by AiVA as part of member benefit’s;
    “Available Balance” means the Point in the form of ABP and/or Ai which can be used at any given time;
    “Top Up” means the ABP and/or Ai Wallet has point add in feature, which allows the user’s and/or member’s to reload or make a top-up;
    “Transfer” means the service which enables you to transfer ABP and/or Ai from your Account to another user’s Account or to receive ABP and/or Ai into your Account from another user’s Account;
    “Pay” means the payment to AiVA and/or Participating Merchants for the purchase of goods and/or services using ABP and/or Ai as portion of payment by means of the App;
    “Receive” means the payment receive by AiVA and/or Participating Merchants for supplied and/or provided of goods and/or services to user’s by accepting ABP and/or Ai as portion of payment by means of the App;
    “Participating Merchant” means merchants designated by AiVA to sell goods and/or services for which accepting ABP and/or Ai as portion of payment in the Platform;
    “Transaction” means the transaction performed by you via the Platform including:
    • Transfer;
    • Payment;
    • Receive;
    • or any other service as may be introduced by AiVA from time to time;
    “History” means the account statement which record all transaction done by User and/or Participating Merchant ;

    The availability of the Platform, are strictly for your noncommercial, personal use only. Commercial use for any business purposes or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. For the avoidance of doubt, scraping of the Platform (and hacking of the Platform) is not allowed.

    Your agreement to use the Platform, does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purposes. To use the Platform, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.

    You shall not misuse the Platform. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Platform which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Platform.

    You do not need to Register to use much of the functionality of the Website. However, certain function and related features that may be made available on the Platform may require registration or subscription of Membership, such as credit of ABP, Pay and/or Transfer of ABP. This is to ensure that we can provide you with easy access to view your Transaction and modify your preferences etc.

    In order to fully use the Platform, you are required to create an account on the App by clicking on the “Register” link and following the on-screen prompts, and provide the requested information. You shall not misuse the Platform by creating multiple user accounts and we reserve the right to decline a new registration or to cancel a registered account at any time if we may deem fit. By submitting your personal information to Register, you acknowledge that you agree and accept our personal data notice and expressly consent to authorise us to process your personal data for such purposes as set out in the notice. Please see our Privacy Policy for more details about this.

    To use the Platform and/or to create the account, you must be eighteen (18) years of age or over. Any person or individual who are below of 18 years, the person or individual should obtain the permission from parents, legally guardian, or a responsible adult and obtain their permission to use this Platform.

    The provision of the Platform and the Activation of your Account is at AiVA’s sole and absolute discretion.

    The Transaction is only available on a Mobile Device and is strictly for your own personal use only as a subscriber of the Platform. Any instructions, confirmation and/or communication sent from your Mobile Device shall be deemed to have been sent and/or issued by you irrespective of whether such instructions, confirmations and/or communications were actually sent by you or not. You shall be personally liable and responsible for the use of your Account including but not limited to all transactions undertaken and/or transacted using the Account once the said transaction has been Authenticated irrespective of whether the transactions is undertaken and/or transacted by you unless it can be established that such transactions was erroneously transacted due to an error on AiVA’s part.

    You warrant and undertake that all information provided for Register and/or in relation to the creation of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account. AiVA shall not be responsible and liable whatsoever and howsoever to you due to any inaccurate or incomplete information and data provided to AiVA.

    Comply with all notice or instructions given by AiVA from time to time in relation to the use of the Platform.

    It is your responsibility to ensure that any products, services or information available through the Platform meet your specific requirements.

    You hereby acknowledge that the Participating Merchants:
    • The seller or provider of the products and/or services;
    • Solely responsible for providing you with the products and/or services; and
    • Solely responsible for accepting of any ABP and/or Ai as portion of payment for your purchased;
    • Combination with other offer, it is at the discretion of the Participating Merchant to determine whether the ABP and/or Ai can be combined with any other promotions, vouchers, third party certificates or coupons;
    • Promotion offer to accept ABP and/or Ai as portion of payment are subject to these Terms and Conditions and/or any terms and conditions as may be specified by the relevant Participating Merchant;

    The Platform may also allow you to purchase products and/or services from third parties including the Participating Merchants. Any transaction entered into between you and such third parties for third party product and/or services shall also be subject to any terms and conditions which may be stipulated by such third parties. Any such transactions are entered into at your own risk and you acknowledge and agree that AiVA shall not take any responsibility and/or liability for the products and/or services offered by the third parties to you including but not limited to the delivery, quality (including any defects or deficiency in the products and/or services), safety or the fitness for purpose of the products and/or services purchased by you from such third parties. AiVA shall not be responsible for the refusal of any merchant to honor or accept your purchases or payment made through the use of the Platform. You further acknowledge and agree that you shall not initiate any legal proceedings against us for any claim you may have against such third parties.

    For claims, chargebacks or a reversal of payment for credit card transactions made through a debit/credit card issuer, you shall be responsible to resolve any disputes with the debit/credit card issuer on your own.

    You are to ensure that there is sufficient Available Balance in your Account before using the ABP and/or Ai to cover the portion of payment of the transaction (including any taxes and other applicable fees or charges) failing which AiVA reserves the right to block, reject or decline the transaction to be transacted through your Account.

    AiVA's does not make any warranty, representation and/or undertaking (expressly, impliedly or otherwise) that the App and any subsequent revisions, modifications, updates, upgrades or versions is and would be compatible with your Mobile Device. It is your responsibility to ensure that the App is and will be compatible with your Mobile Device at all times and you acknowledge and agree that AiVA shall not be liable in any manner whatsoever for any liability, loss, damages, cost and expense suffered and/or incurred by you due to the App being incompatible with your Mobile Device.

    You shall, at all times be solely responsible to keep confidential and safeguard your account details including your username and password. You shall not disclose your username and password to any person. If you key in the wrong password more than three (3) times, your Account will be blocked and AiVA will suspend any Transactions made. Please contact us at care@aivaplatform.com to reactivate your Account. You shall be solely responsible and liable for any use and misuse of your Account, username and password and all activities that occur under your Account.

    The following use of the Platform are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
    • Furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
    • Attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
    • Accessing the Platform in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
    • Executing any form of network monitoring which will intercept data not intended for you;
    • Sending malicious email, including flooding a user or site with very large or numerous emails;
    • Entering into fraudulent interactions or transactions with us or a Participating Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
    • Using the Platform (or any relevant functionality of either of them) in breach of this Terms and Conditions;
    • Engage in any unlawful activity in connection with the use of the Platform; or
    • Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Platform;
    • Use the Platform to cause embarrassment, distress, annoyance, irritation, harassment, inconvenience, anxiety or nuisance to any person;
    • Use the Platform for any purpose which is against public interest, public order or national harmony;

    Comply with all applicable laws of Malaysia relating to the Platform, including without limitation to the Communication and Multimedia Act 1998, Financial Services Act 2012, Anti Money Laundering Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and their respective subsidiary legislation, which may be amended from time to time.

    Take all reasonable steps to prevent fraudulent, improper or illegal use of the Platform.

    Report immediately to AiVA upon the discovery of any fraud, theft, loss, unauthorised usage or any other occurrence of unlawful acts in relation to the Mobile Device and its use.

    Access the App and/or use the Platform only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Platform (including participate in any campaigns/ promotional activities initiated by us) in good faith.

    Fully indemnify and shall keep AiVA fully indemnified against any loss, damage, liability, cost or expense, arising from any claims for libel, invasion of privacy, infringement of copyright, patent, breach of confidence or privilege or breach of any law or regulation whatsoever transmitted, received or stored via the Platform or part thereof and for all other claims arising out of any act or omission of your or any unauthorised use or exploitation of the Platform or part thereof.

    Download and install the AiVA Pay app from the Google Playstore and/or Apple iOS store from the official AiVA Pay account. Any downloads and installation outside of this will be deemed unlawful and any actions thereafter by the user will not be liable by AiVA.

    Notwithstanding anything to the contrary, we reserve the right to block or decline any transaction at our sole and absolute discretion without assigning any reason thereto.

    You may opt out from the Platform at any time by deleting your account on the app.

    We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Platform will be free of faults (or ABP and/or Ai will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: care@aivaplatform.com.

    We do not warrant that your use of the Platform will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Platform will be transmitted accurately, reliably, in a timely manner or at all.

    We do not give any warranty that the Platform is free from viruses or anything else which may have a harmful effect on any technology.

    We will use reasonable efforts to allow uninterrupted access to the Platform, however we shall not be held liable in the event access to the Platform may be suspended, restricted or terminated at any time.

    We reserve the right to change, modify, substitute, suspend or remove without notice any information or Platform or forming part of the Platform from time to time. Your access to the Platform may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information from the Platform at any time. You have deemed to agree that AiVA shall not be liable for any loss or inconvenience to you or to any third party resulting therefrom.

    We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of these Terms of use.

    If you (or any other third party authorised by you) use the Platform in contravention of these Terms of Use, we may suspend your use of the Platform (in whole or in part).

    Upon suspension of usage, we may refuse to restore the Platform until we receive an assurance from you, in the format that we deem acceptable. that there will be no further breach of the provisions of these Terms of Use.

    We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone who is in breach of these Terms of Use.

    Without limitation to anything else in this Clause 9, we shall be entitled to immediately or at any time (in whole or in part) to suspend your use of the Platform for persons we believe to be connected (in whatever manner) to you if:
    • You commit any breach of this Terms of Use;
    • We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or
    • We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person;

    Notwithstanding any other provisions hereinafter contained, we may terminate or suspend your use of the Platform at any time.

    Our right of termination and/or suspension herein shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

    User is able to request for their account to be suspended or unsuspended by email care@aivaplatform.com or in app request to the AiVA customer service team. Further validation will be required to authenticate the user.

    Termination of this Agreement for any reason shall not release You from any liability which, at the time of such termination, has already accrued to AiVA or which is attributable to a period prior to such termination nor preclude AiVA from pursuing any rights and remedies it may have hereunder or at law or in equity with respect to any breach of this Agreement.

    AiVA shall not be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortuous action, arising out of, or in connection with the performance of, or use of Platform and in particular, but without limitation to the foregoing, AiVA specifically excludes all liability whatsoever in respect of any loss arising as a result of:
    • Use which you make of the Platform, or reliance on Platform, or any loss of Platform resulting from delays, non-deliveries, missed deliveries, or service interruptions; and
    • Defects that may exist for any costs, loss of profits, or consequential losses arising from your use of, or inability to use or access, or a failure, suspension or withdrawal of all or part of the Platform at any time.
    • The accuracy, completeness, fitness for purpose or legality of any information accessed using the Platform; and
    • The transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
    • Your use of any information or materials on the Platform (which is entirely at your own risk and it is your responsibility);

    All conditions or warranties that may be implied or incorporated into the Terms of use by law, or otherwise are hereby expressly excluded to the extent permitted by law.

    In the event that you are not satisfied with the Services provided through the App, you can choose to discontinue with the Platform.

    AiVA makes every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks which we have no control. The internet is not a secure environment. Unwanted programs or materials may be downloaded without your knowledge, which may give unauthorised persons access to your mobile phone and the information stored on your mobile phone. These programs may perform actions that you have not authorised, possibly without your knowledge.

    Nothing in this Agreement shall exclude or limit our Liability for
    • Fraud;
    • Death or personal injury caused by our Breach of Duty or these Terms of Use;
    • Any breach of the obligations implied by relevant local governing laws; or
    • Any other Liability which cannot be excluded or limited by applicable law;
    • We shall have no Liability for any loss of revenue, loss of actual or anticipated profits, loss of contracts, loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of damage to or corruption of data, Any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, Above Clauses apply whether such losses are direct, indirect, consequential or otherwise.

    It is your sole responsibility to make all efforts to ensure your App is up to date. The Platform and in particular, Charges are periodically updated and you should check the App and the Platform regularly to ensure that you have the latest information. You should also ensure that you download the most up to date version of the Platform.

    The Platform may contains links to third party sites and to resources provided by third parties (“Third Party Sites”), those Third Party Sites are merely linked to provide information only and are solely for your convenience. We have no control over and we assume no responsibility for the content of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites linked to the website, you hereby agree to do so entirely at your own risk.

    AiVA assumes no responsibility for and does not endorse unless expressly stated, created or published by third parties that is included in the Platform or which may be linked to and from the App.

    Notwithstanding anything to the contrary contained herein, the maximum liability of AiVA shall not exceed an amount equivalent to the aggregate sum of the Available Balance of your Account at the date on which your claim arises.

    Except to the extent and solely for the amount therein set out under this Terms of Use, you hereby undertake and agree to indemnify AiVA and its employees and agents indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them arising out of or in connection with the Terms of Use, and against and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the third party may suffer or incur (either directly or indirectly) in the course of the performance of this Terms of Use.

    You are fully responsible for all products and/or services purchased when you make any payment through your Account or anytime when you authorize and Authenticate amounts to be deducted from your Account. You shall be fully responsible for ensuring that the transaction amount is correct.

    In the event that you discover any error or discrepancy in your account, you must contact us within fourteen (14) days from the date of the disputed transaction, failing which you shall be deemed to have accepted the accuracy of your transaction. In the event that it is revealed in the course of our investigation that the disputed transaction was indeed made in error by us, we will refund the disputed sum in the manner as stated in our Refund Policy.

    You agree and consent to the use by AiVA and/or its employees, personnel and advisors of any information related to you, the particulars of the transaction(s) or any designated account relating to the transaction(s) for the purpose of investigating any claim or dispute arising out of or in connection with the disputed transaction(s) and that this consent shall survive the termination of the Platform and/or this Agreement. You further agree that in the event of a dispute or claim of any nature arising in respect of any transaction, the records of the transaction(s) generated by us shall be used as a reference and shall be the sole basis of settling the aforesaid dispute or claim.

    If you need a refund in respect of any fees or payments made towards the Platform or any part thereof, please contact AiVA at care@aivaplatform.com. Subject to AiVA’s determining to its satisfaction that your ABP and/or Ai was wrongly deducted from your Account for Payment by AiVA due to
    • Technical error of AiVA where your attempted Transaction does not go through;
    • Platform purchased in App was not made available, AiVA may refund to your Account such ABP and/or Ai which was wrongly deducted;

    Notwithstanding the above, you are only entitled to a refund if you have transacted for following Service:
    • Payment
    • Receive

    However, we shall not be responsible to settle any dispute that you may have with Participating Merchants for the purchased of goods and/or services using the Platform. You shall be responsible to contact the respective Participating Merchants for a refund for products and/or services purchased from the Participating Merchants. We shall not liable any disputes that you may have with the Participating Merchants and you hereby agree to pay us all Fees and Charges and the Participating Merchants for the value of the transaction, notwithstanding any dispute.

    In the event you terminate the Platform and you are entitled to a refund, the sum shall be credited to a different Account nominated by you. You shall provide to AiVA all necessary information and documents for the purpose of refund upon request.

    AiVA reserves its right not to refund any disputed amount to you if AiVA believe you acted in contrary to these Term of Use.

    In the event the Platform or your Account is ceased, terminated or suspended by AiVA due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the Financial Services Act 2013 and/or Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the Available Balance whatsoever and it shall be lawful for AiVA to retain for an indefinite period or release to the relevant authorities the Available Balance in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom.

    All matter or issue related to the use of this Platforms, it shall be governed by and construed in all respects in accordance with the Laws of respective countries including any applicable rules, regulations or by-laws and both parties hereby submit to the exclusive jurisdiction of the Courts of respective countries in all matters connected with the obligations and liabilities of both parties under the terms and conditions herein contained.

    The Intellectual Property Rights in respect of all materials including without limitation all current and future copyrights include all Platforms design, logos, patents, trademarks, text, photograph, video, audio visual, web graphic solely belong to AiVA Group.

    All Rights are reserved. Except as stated herein, none of this material may be copied, downloaded, displayed, posted, transmitted used or reproduced in whole or part in any form or by any means for any purposes whatsoever.

    By using the Platform, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the AiVA responsible for any and all liabilities, financial losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) expenses which may incur from the misuse of the Platform, breach of terms of Use or infringement of intellectual property made towards the AiVA as a result of your use services provided.

    We shall not be liable for any breach of our obligations under this Terms of Use where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

    The Platform are provided on an “as is” and “as available” basis.

    Except as expressly set out in these Terms of Use, all representations, conditions and warranties (whether express or implied, statutory or otherwise) including but not limited to the availability, accessibility, timeliness and uninterrupted use of the Platform; sequence, accuracy, completeness, timeliness or the security of any data or information provided to you as part of the Platform; any implied warranty of merchantability; any implied warranty of fitness for a particular purpose; any implied warranty of non-infringement; and any implied warranty arising out of the course of dealing, custom or usage of trade with respect to the Platform provided by AiVA are expressly negative and excluded. The representations, conditions and warranties set forth in this Agreement with respect to the Platform are the only representations, conditions and warranties made by AiVA and will not be enlarged or diminished without AiVA’s prior written approval.

    For any feedback you provide on this Platforms, it’s shall be deemed to be non-confidential information. AiVA shall be free to use such information on an unrestricted basis.

    You may address your queries or complaints in relation to the Platform via email at care@aivaplatform.com or by raising a request from the AiVA Pay app in the FAQ section.

    In the event of any inconsistencies or discrepancies between the English version and other translated versions of this Term of Use, the English version shall prevail.