airasia Gifts Terms and Conditions
airasia Gifts Terms and Conditions
- These terms and conditions (“Terms and Conditions”) shall govern all matters in relation to the purchasing, sending and receiving of digital vouchers (“Gift Voucher”) on the airasia.com website and airasia superapp mobile application (collectively known as “the Platform”).
- This Terms and Conditions shall be the legally binding document between you, whether as a sender (“Sender”) or recipient (“Recipient”) of the Gift Vouchers, and AirAsia Com Travel Sdn Bhd (“AirAsia”, “us”, “our”, “we”), who is the owner and operator of the Platform, who is the owner and operator of the Platform. The Sender and the Recipient may be referred to as “you”, as applicable.
- You acknowledge that the products or services that are the subject of the Gift Voucher purchased by you from the Platform is provided, supplied and fulfilled by our merchant partners, products merchants and/or service partners (“Merchants”) and you accept that the Merchants may have further terms and conditions governing the use of the Gift Vouchers, which will be additional to this Terms and Conditions. By virtue of you completing the purchase, you agree to be bound by and abide to such Merchants’ further terms and conditions.
- As the operator of the Platform, you accept and acknowledge that we are only a distributor of the Gift Vouchers and hence, assumes no liability should there be any loss or damages as a result of any act or omission or negligence on the part of the Merchants in the course of its performance.
- Every Gift Voucher has a validity period and you are advised to check the information attached to each Gift Voucher before completing a purchase.
PURCHASE OF GIFT VOUCHER
- The Gift Voucher can be purchased by a Sender in one country and be sent to a Recipient that is based in another country. For this to happen, Sender is required to change the location setting to the location where Recipient is based.
- Every Sender must have a valid airasia account in order to make a purchase and onward send the Gift Voucher to a Recipient. In the event the Sender does not have a valid airasia account and is not a registered airasia member, the Sender are required to sign-up as an airasia member via https://www.airasia.com/en/gb or the airasia Superapp mobile application before being able to purchase and send the Gift Voucher.
- The purchase of the Gift Voucher can be made on the Platform. Once you have chosen the desired Gift Voucher, you shall click on the relevant Gift Voucher, read and understand any additional terms and conditions that govern the Gift Voucher before proceeding to complete the purchase by making a payment.
- Once payment is completed, the Gift Voucher will be provided to you in electronic format with a copy sent to your email address as confirmation of purchase. You agree and accept that the date of the confirmation email shall be deemed as the issue date of the Gift Voucher and the validity period shall commence from such date. Please take note of the validity period stated in the Gift Voucher.
- a) You can make payment for the Gift Voucher that you wish to purchase by using any payment methods that are made available in the Platform for your country, including credit cards, e-wallets and airasia Pocket. Payment options will vary by country.
- b) If you are purchasing for an overseas Recipient, the purchase amount will be in the Recipient’s local currency and you may be subject to foreign exchange rate as determined by banks or card issuing companies.
- Cancellation or Exchange
All Gift Voucher purchased by the Sender are final and no cancellation is allowed, unless otherwise set out in these Terms and Conditions. Further, the Gift Voucher, once purchased, cannot be exchanged for cash or another Gift Voucher.
All Gift Voucher purchased by the Sender are final and no refund is allowed, unless otherwise set out in these Terms and Conditions. For avoidance of doubt, if refunds are available as permissible under these Terms and Conditions, it will be made to the Sender as the purchaser of the Gift Voucher, and AirAsia reserves the right to replace the refund amount with another Gift Voucher with goods or services of an equivalent value.
SENDING OF GIFT VOUCHER
- Once the Sender has purchased the Gift Voucher, the Sender has the option to send the Gift Voucher to any recipient, by sharing the URL generated through the Platform to the desired Recipient by way of the methods contained therein. However, please take note that the Gift Voucher can only be sent one time only.
- The Sender may send the Gift Voucher to a Recipient who has yet to be an airasia member and who does not have an airasia account. However, in order to use the Gift Voucher, the Recipient has to register as an airasia member and create an airasia member account via the Platform. All Gift Vouchers will be stored in the “My Gift” tab of the Recipient airasia member account.
- As the Sender, you agree and acknowledge that:
- a) you are responsible for ensuring that the delivery details (e.g. Recipient’s name, phone number, etc.) filled up or provided by you are accurate and complete. AirAsia will not be liable if the Gift Voucher is not delivered or is delivered to an unintended recipient if the details inputted or provided by you are inaccurate or incomplete.
- b) you are responsible for ensuring that the purchase details (e.g. denomination, type of Gift Voucher, etc.) inputted or provided by you are accurate and complete. AirAsia will not be liable if the details inputted or provided by you are inaccurate or incomplete.
- c) the title and risk of loss for the Gift Voucher passes upon receipt of the Gift Voucher by the purchaser. AirAsia shall not be liable or responsible to replace lost or stolen Gift Voucher purchased by yourself.
- a) You agree and consent to have your birthday date displayed and available to your contact list.
- b) By displaying your birthday date, users from your contact list will be notified and are able to send you a Gift Voucher for your special day.
- c) You may choose not to disclose your birthday date simply by deactivating the toggle button on your social profile which can be accessed through the airasia superapp mobile application.
BIRTHDAY GIFT NOTIFICATION
- a) By activating the mobile gifting feature in the Platform, you agree to receive notification of your friends’ upcoming birthday via the Platform. You may switch off the notification at any time as per 6 (c) below.
- b) By activating the mobile gifting feature in the Platform, you also agree to your friends receiving notification of your upcoming birthday via the Platform. You may switch off this feature at any time as per 6 (c) below.
- c) As the notification is meant for general notice from AirAsia, turning off the notification on the settings function of your phone will mean AirAsia will no longer be able to push any notification to you for all products and services, which will include any upcoming flight information and any operational disruptions
USE OF GIFT VOUCHER
- a) Subject to the further terms and conditions governing the use of the Gift Vouchers, the Recipient can use the Gift Voucher, which is to be found on the “My Gift” tab, by using the unique promo code available on the Gift Voucher on the respective Merchant’s portal or website or on the Platform.
- b) Please take notice that use of the Gift Voucher can only be made one time only.
RESTRICTION ON USE OF THE GIFT VOUCHER
AirAsia may restrict the transaction or suspend the use of all or part of the Gift Vouchers in the following cases:
- a) If you purchase or obtain or use the Gift Voucher in an illegal, fraudulent or unlawful way other than the method stipulated by AirAsia.
- b) In case of force majeure such as means circumstances beyond a Party’s reasonable control, including, but not limited to an act of God, labour dispute, fire, public disaster, equipment, software or technical malfunctions or failures, power failures or interruptions, acts of terrorism, war, civil unrest, strikes, lockouts, riots, acts of war, war (declared or undeclared), acts of or threatened terrorism, epidemics, pandemic, earthquakes, flood, or other natural disasters, or governmental regulations.
- c) If the mobile gifting feature in the Platform is disrupted or cannot be maintained due to various circumstances of AirAsia, including (among others) termination of the contract with the Merchants. However, in this case, AirAsia will take remedial measures so that there is no disadvantage to the Sender or the Recipient in (among others) refund processing.
- a) Notwithstanding any other provisions set out in these Terms and Conditions, AirAsia reserves the right to decline any transactions performed by the Sender or Recipient in connection with the Gift Voucher without any other reason, including, without limitation, refuse the Sender’s purchase of the Gift Voucher. All refunds pursuant thereto shall be in accordance with the refund policy set out in these Terms and Conditions. You acknowledge and agree that AirAsia will not be liable for any losses howsoever arising from such action by AirAsia.
- b) If for any reason the Gift Voucher and Platform is unable to proceed or operate smoothly due to actions of the Sender or Receiver including but not limited to irregularity, tampering, unauthorised intervention, fraud or any other causes beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Gift Voucher business, we reserve the right in its sole discretion to cancel, terminate, modify, postpone or suspend the Gift Voucher purchased by you and suspend your use of the Platform.
- c) We reserve the right to use any collected personal data in accordance with our privacy statement which can be referred to by clicking the link: https://www.airasia.com/aa/about-us/en/gb/privacy-statement.html. By using the Platform, you are deemed to have consented to such use with no monetary payment whatsoever.
- d) We reserve the absolute right to vary, delete, update or add to any of these terms and conditions (wholly or in part) from time to time without any prior notice. Our decision in relation to all aspects of the Platform and Gift Vouchers are deemed final, binding and conclusive under all circumstances and no correspondence, complaint or appeal whatsoever will be entertained.
- e) You may be contacted with respect to any matter under the Platform, at any time deemed appropriate by us, via email or any other mode of communication deemed appropriate by us.
- f) AirAsia will not be liable to you whether in contract, tort or otherwise for (i) any direct or indirect economic loss economic loss (including loss of profits, savings, goodwill expenditure) or (ii) any indirect, consequential, incidental, special, exemplary loss howsoever arising in connection with making available the Gift Voucher under these Terms and Conditions.
- g) AirAsia, its subsidiaries, affiliates, and associated companies shall bear no responsibility for any damage, loss (including but not limited to direct, indirect, special and consequential loss or loss of profits), expense, liability, disappointment, personal injury, or death which is incurred, suffered or sustained (whether or not arising from any person’s negligence) by the Sender or Receiver in connection with the products or service, or the use of any Gift Voucher, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
- h) You agree to defend, indemnify and hold AirAsia, its affiliates, its subsidiaries, its officers, its directors, its members, its employees, its attorneys and its agents harmless from and against all claims, costs, damages, losses, liabilities and expenses (including legal fees and costs and/or regulatory fines) arising out of or in connection with (i) any act, omission and/or transactions made by you or on your behalf; (ii) your violation of these Terms and Conditions or any applicable law or regulation; and (iii) your use or misuse of the Gift Voucher.
- i) AirAsia is not responsible for and makes no warranty in relation to the quality of the products or solutions for which the Gift Voucher is used.
- j) The Platform does not constitute and should not be regarded as a recommendation or endorsement by us of any Merchants listed, offered or sold through the Platform or the quality, service level or rating thereof and vice versa. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, fitness, merchantability, suitability, status or adequacy of any Gift Vouchers listed or offered by the Merchants under the Platform.
- k) The Gift Voucher may not be used in conjunction with other promotions or discounts, unless otherwise stated.
- l) We are the first point of customer support in relation to your purchase of Gift Voucher. As such should you have any inquiries please contact us through our customer service.
- m) These Terms and Conditions will be governed by the laws of Malaysia, without regard to or application of conflicts of law rules or principles, and you hereby consent to the exclusive jurisdiction of the courts of Malaysia with regard to any dispute arising out of or related to these Terms and Conditions.
- n) This Terms and Conditions was originally written in English. To the extent any translated version of this Terms and Conditions conflicts with the English version, the English version shall prevail and be given full effect.