By accepting this disclaimer agreement ("Agreement"), you acknowledge and agree to the following terms regarding the airdrop ("Airdrop") of select tokens ("Tokens") provided by AVA Holdings (BVI) Ltd (Company Registration Number: 2130999), a company incorporated in the British Virgin Islands whose registered office is at Jayla Place, 2nd Floor Road Town, Tortola British Virgin Islands VG1110 ("AVA Holdings", "we", "us", "our") to eligible users of the AVA Smart Program ("you", "your"). Defined terms in this Agreement shall have the same meaning as per the AVA Smart Program Terms and Conditions (https://www.travala.com/smart-terms):
1. Eligibility: You confirm that you are an eligible user of the AVA Smart Program as determined by its specific eligibility criteria. Your participation in the Airdrop is subject to continued compliance with the AVA Smart Program Terms and Conditions (https://www.travala.com/smart-terms), Travala.com Terms and Conditions (https://www.travala.com/terms-and-conditions) this Agreement, and other applicable policies.
2. No Financial Advice: The information provided regarding the Airdrop does not constitute investment, financial, legal, or tax advice. You should consult your financial, legal, or tax professional regarding your specific situation. AVA Holdings and Travala.com make no representations or warranties about the suitability, reliability, availability, timeliness, or accuracy of the Tokens for any purpose.
3. Regulatory Compliance: You are solely responsible for ensuring that your participation in the Airdrop complies with laws and regulations that may apply to you, including but not limited to those related to securities, taxation, and cryptocurrency transactions.
4. Risks: You acknowledge and agree that participating in the Airdrop and holding or using Tokens involves significant risks, including but not limited to loss of value, regulatory scrutiny, and legal uncertainty. AVA Holdings and Travala.com are not liable for any decisions you make based on your participation in the Airdrop.
5. No Guarantee of Value: AVA Holdings and Travala.com make no representations or guarantees about the present or future value or utility of the Tokens. Tokens are provided as is, without warranty of any kind, either express or implied.
6. Tax Liability: You are solely responsible for determining any tax implications of receiving, holding, or disposing of Tokens. AVA Holdings and Travala.com are not responsible for reporting or paying taxes on behalf of any user.
7. Privacy: Your participation in the Airdrop may require you to provide additional personal information. The collection, use, and sharing of this information are as outlined in these privacy policies: https://www.avafoundation.org/privacy-policy and https://www.travala.com/privacy-policy.
8. Amendments: AVA Holdings reserves the right to modify the terms of this Agreement at any time. Such modifications will be effective immediately whenever the relevant website, portal or platform where this Agreement is displayed or linked is updated. Your use or continued access of the Sites and/or the Services shall constitute acceptance of any changes to these Terms. It is your sole responsibility to check the Sites for updates or amendments from time to time and you waive any right to receive notice of such changes.
9. Indemnification: You agree to indemnify, defend, and hold harmless AVA Holdings, Travala.com entities and their affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your participation in the Airdrop.
10. Limitation of Liability: In no event will AVA Holdings or Travala.com entities be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from your participation in the Airdrop.
11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of British Virgin Islands, without giving effect to any principles of conflicts of law.
By accepting this Agreement, you acknowledge that you have read, understood, and agreed to be bound by its terms.
Effective: 5 April 2024