Last revised: 29 December 2022
Please read the terms carefully as they govern your use of AVIS Services.THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION.The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF AVIS SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF AVIS SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) AVIS SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use AVIS Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access AVIS or utilize AVIS services.
If you would like to know more about the risks associated with investing in or trading Digital Assets, you can access our General Risk Warning at https://avis.global/bank/risk-warning/
2. AVIS Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by AVIS Bank for Users to record on AVIS their usage of AVIS Services, transactions, asset changes and basic information. AVIS Accounts serve as the basis for Users to enjoy and exercise their rights on AVIS.
3. AVIS Operators refer to all parties that run AVIS, including but not limited to legal persons (including AVIS UAB), unincorporated organizations and teams that provide AVIS Services and are responsible for such services. For convenience, unless otherwise stated, references to “AVIS” and “we” in these Terms specifically mean AVIS Operators. UNDER THESE TERMS, AVIS OPERATORS MAY CHANGE AS AVIS’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF AVIS OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW AVIS SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE AVIS SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED AVIS OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
4. AVIS Services refer to various services provided to you by AVIS that are based on Internet and/or blockchain technologies and offered via AVIS websites, mobile applications, clients and other forms (including new ones enabled by future technological development). AVIS Services include but are not limited to such AVIS ecosystem components as Digital Asset Trading Platforms, the financing sector, AVIS Labs, AVIS Academy, AVIS Charity, AVIS Info, AVIS Launchpad, AVIS Research, AVIS Chain, AVIS X, AVIS Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by AVIS.
5. AVIS Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by AVIS, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
6. BUSD means AVIS USD, a US dollar denominated and backed stablecoin managed Paxos Trust Company, LLC.
7. Collateral Accounts refer to special accounts opened by Users on AVIS to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the AVIS Contract Services Agreement and AVIS Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
8. Conversion Inception Date means the date, specified by AVIS, on which the Designated Stablecoin Conversion will commence.
9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
10. Designated Stablecoin means each of USD Coin (USDC), Pax Dollar (USDP), TrueUSD (TUSD) and any other Digital Asset AVIS may designate as such from time to time, provided that AVIS may remove any Digital Asset from the scope of this definition at any time without prior notice.
11. Designated Stablecoin Conversion means, in respect of each Designated Stablecoin, the automatic conversion of that Designated Stablecoin into BUSD upon deposit or transfer into your AVIS Account or the conversion of BUSD into that Designated Stablecoin in connection with a withdrawal request.
12. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
13. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
14. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
15. KYC refers to the “know-your-customer” process that AVIS has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, AVIS may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.
16. Loan/Lending refers to AVIS’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by AVIS.
17. Users refer to all individuals, institutions or organizations that access, download or use AVIS or AVIS Services and who meet the criteria and conditions stipulated by AVIS. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and AVIS Operators.
b. Supplementary Terms
c. Changes to These Terms
AVIS reserves the right to change or modify these Terms in its discretion at any time. AVIS will notify such changes by updating the terms on its website () and modifying the [Last revised] date displayed on this page.。ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF AVIS SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING AVIS SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF AVIS SERVICES.
d. Prohibition of Use
BY ACCESSING AND USING AVIS SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. AVIS RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF AVIS SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About AVIS
As an important part of the AVIS Ecosystem, AVIS mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with AVIS, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although AVIS has been committed to maintaining the accuracy of the information provided through AVIS Services, AVIS cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall AVIS be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about AVIS Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. AVIS does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on AVIS or any other communication medium. All Users of AVIS Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. AVIS Account Registration and Requirements
By registering to use a AVIS Account, you represent and warrant that: (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using the AVIS Platform or the AVIS Services; (iv) you do not have an existing AVIS Account; (v) you are not resident, located in or otherwise attempting to access the AVIS Platform or the AVIS Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include the United States, Malaysia, Ontario (Canada), and such other locations as designated by AVIS Operators from time to time as a “Restricted Location” for the purposes hereof; (vi) if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the AVIS Platform and AVIS Services on behalf of such legal entity; and (vii) your use of the AVIS Platform and the AVIS Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that there are legal requirements in various countries which may restrict the products and services that AVIS Operators can lawfully provide. Accordingly, some products and services and certain functionality within the AVIS Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the AVIS Platform and the AVIS Services in each country from which the AVIS Platform and the AVIS Services are accessed by you or on your behalf. AVIS Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the AVIS Platform and/the AVIS Services from time to time at their discretion at any time without prior notification.
c. User Identity Verification
d. Account Usage Requirements
The AVIS Account can only be used by the account registrant. AVIS reserves the right to suspend, freeze or cancel the use of AVIS Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify AVIS immediately. AVIS assumes no liability for any loss or damage arising from the use of AVIS Account by you or any third party with or without your authorization.
e. Account Security
AVIS has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for AVIS Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your AVIS Account and personal information.
You should be solely responsible for keeping safe of your AVIS Account and password, and be responsible for all the transactions under your AVIS Account. AVIS assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a AVIS Account, you hereby agree that:
Upon completion of the registration and identity verification for your AVIS Account, you may use various AVIS Services, including but not limited to, Crypto-to-crypto Trading, Fiat Services, contract trading, leveraged trading, AVIS Savings services, staking, acquiring market-related data, research and other information released by AVIS, participating in User activities held by AVIS, etc., in accordance with the provisions of these Terms (including AVIS Platform Rules and other individual agreements). AVIS has the right to:
AVIS has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. AVIS may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, AVIS may, but is not obliged to, notify Users in advance and AVIS shall have no liability to Users in connection with such additions, removals or amendments.
Provided that you constantly comply with the express terms and conditions stated in these Terms, AVIS grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use AVIS Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use AVIS Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding AVIS Services should be stipulated in the discretion of AVIS. AVIS reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using AVIS Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use AVIS Services. Therefore, you hereby agree that when you use AVIS Services, AVIS does not transfer AVIS Services or the ownership or intellectual property rights of any AVIS intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through AVIS Services, are exclusively owned, controlled and/or licensed by AVIS Operators or its members, parent companies, licensors or affiliates.
AVIS owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about AVIS or AVIS Services that you provide through email, AVIS Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to AVIS. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use AVIS Services, you agree and undertake to comply with the following provisions:
1) Trading services that make use of AVIS quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of AVIS.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from AVIS.
By accessing AVIS Services, you agree that AVIS has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Upon completion of the registration and identity verification for your AVIS Account, you may conduct Crypto-to-crypto Trading on AVIS in accordance with the provisions of these Terms and AVIS Platform Rules.
Upon sending an instruction of using AVIS Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in AVIS’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, AVIS will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize AVIS to temporarily control the Digital Currencies involved in your Transaction.
For Orders initiated through AVIS Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel AVIS’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. AVIS reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, AVIS may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to AVIS are deducted as stated in paragraph (c) below).
You agree to pay AVIS the fees specified in www.AVIS.com/en/fee/schedule.AVIS may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize AVIS to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, AVIS may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated AVIS Platform Rules, such as One Cancels the Other (OCO) and block trade.
3.1 By accepting these Terms, you acknowledge and agree that:
(a) you are resident or located in an EEA jurisdiction or in the United Kingdom, then all Fiat Services will be provided to you by AVIS Bank; or
Unless otherwise specified by AVIS, to conduct Futures & Bond Trading, you must conclude with AVIS a separate AVIS Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your AVIS Account. You acknowledge and agree that:
a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;
c. Before performing Futures Trading, you have read and understood all the contents of the AVIS Futures Service Agreement and the relevant AVIS Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;
d. You agree and authorize AVIS to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the AVIS Futures Service Agreement and the relevant AVIS Platform Rules to protect the legitimate interests of you, AVIS and other Users.
Before entering into transactions in Options products through AVIS (“Options Trading”), you acknowledge and agree that:
a. You fully understand the high risks of Options Trading, including but not limited to the risk of major fluctuations of Digital Assets in Options Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Options Trading, and agree to independently assume all the risks arising from the investment of Options Trading;
d. You agree and authorize AVIS to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the AVIS Options Service Agreement and all relevant AVIS Platform Rules to protect the legitimate interests of you, AVIS and other Users.
Unless otherwise provided by AVIS, to borrow currencies, you must conclude with AVIS a separate Lending Services User Agreement and open a special Collateral Account and/or finish other relevant procedures, following the completion of registration and identity verification for your AVIS Account. You understand and agree that:
a. There are considerable risks involved in Lending Services, which include without limitation to risks of fluctuation of the borrowed Digital Assets’ value, derivative risks and technical risks. You shall carefully consider and exercise clear judgment to evaluate your financial situation and the aforesaid risks to make any decision on using Lending Services, and you shall be responsible for all losses arising therefrom;
b. you shall cooperate to provide the information and materials related to identity verification and Lending Services as required by AVIS, and be solely responsible for taking necessary security measures to protect the security of your Collateral Account and personal information;
c. you shall carefully read relevant AVIS Platform Rules before using Lending Services, and be aware of, understand and observe the specific information and rules regarding the operations of Lending Services, and you undertake that the use of the assets borrowed shall conform to requirements of these Terms and related laws and regulations;
d. AVIS has the full right to manage your Collateral Account and collateral during the period in which Lending Services are offered, and reserves the right, under the circumstances specified in the Lending Services User Agreement or these Terms, to implement various risk control measures, which include but are not limited to forced liquidation. Such steps may cause major losses to you and you shall be solely responsible for the outcomes of such measures;
e. AVIS has the right to temporarily or permanently prohibit you from using Lending Services when it deems it necessary or reasonable, and to the maximum extent permitted by law, without liability of any kind to you.
AVIS offers AVIS Savings, a service to provide Users with value-added services for their idle Digital Assets. To use AVIS Savings service, you must conclude with AVIS a separate AVIS Savings Service User Agreement ( en/support/faq/360032559032) and open a special AVIS Savings service account, following the completion of registration and identity verification for your AVIS Account. When using AVIS Savings service, you should note that:
a. AVIS Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.
b. When you use AVIS Savings service, you will unconditionally authorize AVIS to distribute and grant the leveraged interest according to AVIS Platform Rules.
c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using AVIS Savings service.
d. When you use AVIS Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.
e. You agree that all investment operations conducted on AVIS represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
f. AVIS reserves the right to suspend or terminate AVIS Savings service. If necessary, AVIS can suspend and terminate AVIS Savings service at any time.
g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of AVIS Savings service, AVIS will use reasonable effort to ensure but not promise that AVIS Savings service execution system runs stably and effectively. AVIS does not take any responsibility if the final execution fails to match your expectations due to the above factors.
AVIS will from time to time launch Staking Programs for specific types of Digital Currencies to reward, as per certain rules, users who hold such Digital Currencies in their AVIS Accounts. When participating in Staking Programs, you should note that:
a. Unless otherwise stipulated by AVIS, Staking Programs are free of charge and Users may trade during the staking period;
b. AVIS does not guarantee Users’ proceeds under any Staking Program;
c. AVIS has the right to initiate or terminate Staking Program for any Digital Currencies or modify rules on such programs in its sole discretion;
d. Users shall ensure that sources of the Digital Currencies they hold in AVIS Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, AVIS has the right to take necessary steps in accordance with these Terms or AVIS Platform Rules, including, without limitation, freezing AVIS Accounts or deducting the Digital Currencies awarded to Users who violate the rules of respective Staking Programs.
a. AVIS.com launched AVIS POS service for AVIS.com users to gain proceeds through idle cryptocurrency assets.
b. AVIS POS assets will be used in cryptocurrency staking to gain proceeds and other businesses.
c. When you use AVIS POS service, you will unconditionally authorize AVIS.com to distribute the staking interest according to the rules of the platform.
d. You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using AVIS POS service.
e. When you use AVIS POS service, you should fully recognize the risks of investment in cryptocurrency and operate cautiously.
f. You agree that all investment operations conducted on AVIS.com represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
g. AVIS.com reserves the right to suspend or terminate AVIS POS service. If necessary, AVIS.com can suspend and terminate AVIS POS service at any time.
h. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of AVIS POS service execution, AVIS.com will use commercially reasonable effort to ensure but not promise that AVIS POS service execution system run stably and effectively. AVIS.com does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.
a. Upon completion of the registration and identity verification for your AVIS Account, you may be able to make use of the AVIS Convert services, which enable Users to buy and sell Digital Assets based on prices provided by AVIS (the “AVIS Convert Services”). Pursuant to the AVIS Convert Services, Users may provide AVIS with a request to convert one Digital Asset into another Digital Asset or a particular Fiat currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform (a “Conversion”), which AVIS may, in its sole discretion, elect to accept or reject. If accepted, a transaction will be entered into between AVIS and the User subject to the terms as set out in the remainder of this Clause.
b. To request a Conversion between a supported trading pair through the Platform, Users may place (i) a market order, by specifying the type and amount of the Digital Asset or fiat currency (each an "Asset") to be converted and the type of the Asset to be received pursuant to such Conversion (a “Convert Market Order”); and/or (ii) a limit order, by specifying the type and amount of the Asset to be converted and the type of Asset to be received pursuant to such Conversion, the limit price at which such Conversion is to take place and the date upon which the limit order is to expire (a “Convert Limit Order”). For the purposes of the AVIS Convert Services reference to “Platform” shall be to the digital platform made accessible via any website, page, feature, or content owned or operated by AVIS, any mobile application developed or provided by AVIS or any AVIS API Connection (as defined below) made available to Users or third-party applications relying on such AVIS API Connection or by such other means as AVIS may prescribe from time to time for the use of AVIS Convert Services.
c. If a User places a Convert Market Order, AVIS may (but is not obliged to) provide a non-binding, indicative and discretionary quote for the conversion (a “Convert Quote”), which the User may accept or decline within such period of time as AVIS may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Convert Quote or not within the specified time. User’s acceptance of the Convert Quote will result in the submission of a trade request to AVIS for AVIS to process the requested Conversion at the price provided in the Convert Quote (the “User Trade Request”). Submission of a User Trade Request authorizes AVIS to temporarily lock the requisite amount of the User’s Assets that are to be converted until the Conversion is completed (subject to AVIS’s right to reject any such User Trade Request as detailed further below).
d. User’s acceptance of a Convert Quote and submission of a User Trade Request does not obligate AVIS to process the requested Conversion on behalf of the User. AVIS may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time.
e. If AVIS accept a User Trade Request, AVIS will guarantee the price of the requested Conversion (regardless of any price movement since the Convert Quote was provided) as well as the amounts of the relevant Assets that are to be Converted and provided to User pursuant to such Conversion. AVIS will settle the requested Conversion accordingly by debiting the User’s AVIS Account of the agreed amount of Assets to be converted and crediting the User’s AVIS Account with the agreed amount of Assets to be received pursuant to such Conversion. In most cases, the settlement process will complete within 10 seconds from the acceptance by AVIS of the relevant User Trade Request, however AVIS does not guarantee the settlement of the Conversion within this timeframe and in some instances the settlement process may take several hours or even longer, depending on various factors, including, without limitation, market conditions, technical issues, etc. Once a User Trade Request has been accepted by AVIS, , the User will not be permitted to cancel the requested Conversion or to transfer, withdraw, or otherwise trade the Assets that are the subject of such Conversion. AVIS shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Asset subject to the Conversion during this settlement period.
f. In respect of Convert Limit Orders, AVIS may accept or reject any Convert Limit Order in its sole discretion. If AVIS accepts a Convert Limit Order, AVIS does not guarantee that such Convert Limit Order will be filled , even if the market price of the relevant Asset subject to the Conversion hits or crosses the limit price set by the User pursuant to such Convert Limit Order. This is due to the fact that Convert Limit Orders are executed subject to market conditions and liquidity. AVIS shall not be held responsible for any potential loss or opportunity cost due to the failure to execute any Convert Limit Order in such case. If any Convert Market Order is executed, the provisions detailed in sub-clause (e) above with respect to the settlement of the relevant Conversion shall apply.
g. AVIS has the exclusive authority to determine which Assets are listed on the Platform and are available for the purposes of any Conversion and may add or remove Assets and/or particular trading pairs from the Platform in its sole discretion, from time to time without prior notice. AVIS may also change the order size available for a Conversion with respect to a particular Asset. In respect of any such additions, removals, or changes, AVIS may, but is not obliged to, notify Users in advance and AVIS shall have no liability to Users in connection with such additions, removals or changes.
h. It is recommended that Users conduct independent research into different Digital Assets prior to using AVIS Convert Services and that Users take steps to ensure they understand the risks associated with the trading of Digital Assets. Users bear full responsibility for ensuring that the AVIS Convert Services are suitable for them, taking into account their own financial objectives and circumstances, and shall be solely responsible for any profit or loss sustained in connection with their use of the AVIS Convert Services. AVIS does not make any representation of guarantee as to the outcome to be received by the trading of Digital Assets whether pursuant to the AVIS Convert Services or otherwise.
If a User is accessing the AVIS Convert Services pursuant to an API connection provided to the User by AVIS (a “AVIS API Connection”), the User acknowledges and agrees as follows:
Before transacting in AVIS Leveraged Tokens, you acknowledge and agree that you have read, understood and accepted each of the AVIS Leveraged Tokens Risk Disclosure Statement and the AVIS Leveraged Tokens Agreement, which shall apply to all subscriptions to, redemptions of and transactions in AVIS Leveraged Tokens (as such term is defined in the AVIS Leveraged Tokens Agreement).
From such time on the Conversion Inception Date as AVIS may determine, when you deposit or receive a Designated Stablecoin into your AVIS Account, the amount received will automatically be converted into an equivalent amount of BUSD at a rate of 1 to 1.
B. Existing balances
At such time on the Conversion Inception Date as AVIS may determine, any balance in your AVIS Account denominated in a Designated Stablecoin will automatically be converted into an equivalent amount of BUSD at a rate of 1 to 1.
On or after the Conversion Inception Date, if you have a balance in your AVIS Account denominated in BUSD, you may give Instructions to withdraw such balance from your AVIS Account either in BUSD or in any of the Designated Stablecoins. Where you choose to withdraw a Designated Stablecoin, you will receive an amount equal to your balance in BUSD, converted into the relevant Designated Stablecoin at a rate of 1 to 1, minus any applicable withdrawal and transaction fees.
AVIS reserves the right to suspend or terminate the Designated Stablecoin Conversion for any or all Designated Stablecoins at any time without prior notice. Where necessary due to market conditions affecting one or more Designated Stablecoins, AVIS may adjust the conversion rate used for the Designated Stablecoin Conversion.
If agreed with AVIS, you may be permitted to receive certain over-the-counter (OTC) services with respect to bilateral transactions in Digital Assets, which services shall be subject to the AVIS Bank Terms. You agree to be bound by the AVIS Bank Terms (including offers from AVIS Capital (ACAP) with respect to all OTC Services provided to you through Agreed Communication Channels (as each term is defined in the AVIS Bank Terms).
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AVIS SERVICES, AVIS MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AVIS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND AVIS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, AVIS DOES NOT REPRESENT OR WARRANT THAT THE SITE, AVIS SERVICES OR AVIS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVIS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF AVIS SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT AVIS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY AVIS AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY AVIS; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY AVIS.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AVIS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF AVIS SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF AVIS SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF AVIS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF AVIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF AVIS’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF AVIS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF AVIS AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF AVIS SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO AVIS UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless AVIS Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, AVIS Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of AVIS Services. If you are obligated to indemnify AVIS Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, AVIS will have the right, in its sole discretion, to control any action or proceeding and to determine whether AVIS wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://avis.global/press. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. AVIS WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.
In case of any of the following events, AVIS shall have the right to directly terminate these Terms by cancelling your AVIS Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your AVIS Account on AVIS and withdraw the corresponding AVIS Account thereof:
Should your AVIS Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, AVIS shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If AVIS is informed that any Digital Assets or funds held in your AVIS Account are stolen or otherwise are not lawfully possessed by you, AVIS may, but has no obligation to, place an administrative hold on the affected funds and your AVIS Account. If AVIS does lay down an administrative hold on some or all of your funds or AVIS Account, AVIS may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to AVIS has been provided to AVIS in a form acceptable to AVIS. AVIS will not involve itself in any such dispute or the resolution of the dispute. You agree that AVIS will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
Except as set forth in paragraph 4 below, once a AVIS Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to AVIS) will be payable immediately to AVIS. Upon payment of all outstanding charges to AVIS (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
AVIS maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of AVIS Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Notwithstanding any provision of this Section VI, AVIS may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your AVIS Account within 30 days of the notice. In the event that you fail to do so, AVIS may in its absolute discretion and without prior notice to you:
(a) deem your AVIS account as a dormant account;
(b) close any open positions in any AVIS products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to BUSD). For the avoidance of doubt, none of the AVIS Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the AVIS Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by AVIS to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying AVIS’s verification requirements, including completing KYC;
(e) charge a dormant account fee to cover the cost of maintaining the assets by the AVIS Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and AVIS will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by AVIS. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new AVIS account if you wish to continue to use AVIS Services).
AVIS is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using AVIS Services. No communication or information provided to you by AVIS is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. AVIS does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. AVIS will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by AVIS.
It is Users’ responsibility to abide by local laws in relation to the legal usage of AVIS Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF AVIS SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT AVIS WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. AVIS maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.
1. Notice of Claim and Dispute Resolution Period. Please contact AVIS first! AVIS wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with AVIS, then you should contact AVIS and a ticket number will be assigned. AVIS will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against AVIS, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to AVIS. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your AVIS account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with AVIS. After you have provided the Notice of Claim to AVIS, the dispute referenced in the Notice of Claim may be submitted by either AVIS or you to arbitration in accordance with paragraph 2 of this Section, below. For the avoidance of doubt, the submission of a dispute to AVIS for resolution internally and the delivery of a Notice of Claim to AVIS are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or AVIS shall not be disclosed to the arbitrator.
2. Agreement to Arbitrate and Governing Law. You and AVIS Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and AVIS (and/or AVIS Operators) arising in connection with or relating in any way to these Terms or to your relationship with AVIS (and/or AVIS Operators) as a user of AVIS Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration, except as set forth below under Exceptions to Agreement to Arbitrate. You and AVIS Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favour of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration shall be subject to the HKIAC Administered Arbitration Rules (HKIAC. Rules) in force when the Notice of Arbitration is submitted, as modified by this Section X. The arbitration will be administered by the Hong Kong International Arbitration Centre (HKIAC). Unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the HKIAC Rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST AVIS OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Process; Notice: The party who intends to seek arbitration after the expiration of the Dispute Resolution Period set forth in paragraph 1, above, must submit a request to the HKIAC in accordance with the HKIAC Rules. If we request arbitration against you, we will give you notice at the email address or mailing address you have provided. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with AVIS is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Hong Kong. Place of Hearing: The location of any in-person arbitration hearing shall be Hong Kong, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Hong Kong. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the HKIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
3. Class Action Waiver. You and AVIS agree that any claims relating to these Terms or to your relationship with AVIS as a user of AVIS Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and AVIS further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including AVIS.
5. Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
1. Independent Parties. AVIS is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of AVIS Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
3. Interpretation and Revision. AVIS reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on AVIS websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of AVIS Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, AVIS will not be responsible for any modification or termination of AVIS Services by you or any third party, or suspension or termination of your access to AVIS Services.
4. Language & Translations: These Terms may, at AVIS’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
5. Force Majeure. AVIS will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond AVIS’s reasonable control.
6. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
7. Assignment. You may not assign or transfer any right to use AVIS Services or any of your rights or obligations under these Terms without prior written consent from AVIS, including any right or obligation related to the enforcement of laws or the change of control. AVIS may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
10. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through AVIS Services, such activities and programs are provided by AVIS and are not associated with Apple Inc. in any manner.
11. Contact Information. For more information on AVIS, you may refer to the company and license information found on AVIS websites. If you have questions regarding these Terms, please feel free to contact AVIS for clarification via our Customer Support team at email@example.com. & https://avis.global/bank/faq/