Terms & Conditions

GENERAL TERMS AND CONDITIONS

SECTION I – ACCEPTANCE OF TERMS AND GENERAL CONDITIONS

1.1 These General Terms and Conditions rule the relationship between the Users as defined below, and the UTU Company, as defined below, with regard to the Products and Services, as defined below, provided through the UTU Website/App.

• UTU Company: UTU REWARDS Pte Ltd, with registered office at 229 Mountbatten Road, #01-01 Mountbatten Square, Singapore 398007, Company Register N. 201538072W, e-mail address [e-mail] , and its related companies, subsidiaries and/or associates;
• User: any individual who has registered or accesses the UTU App and/or UTU Website, interested in purchasing the Products and Services offered by UTU and/or being recognized as a customer;
• Products and Services: UTU  Card and TAX FREE, as better described in the Products and Services Sheets, Section V of these General Conditions.  

1.2 The General Conditions contained in this document are composed of the following Sections, which are part of this contract: “I. Acceptance of terms and General Conditions “,” II. General Provisions “,” III. Complaint management policy “,” IV. Promotions “, “V. Services and Product Sheets”.

1.3 The UTU Company provides Products and Services connected, directly and indirectly, to the Value Added Tax (VAT) refunds in favor of individuals non-resident and not domiciled in the custom territory of the European Union, in relation to goods purchases made solely for personal and/or family use.

1.4 By registering with the UTU Website/App and/or using the UTU Website/App functions, the User fully accepts these General Conditions.. These Conditions must be read carefully, examined and saved by the User before the completion of the use/purchasing procedure. 

1.5. The User represent that the User is of legal age and has e the legal capacity to form a binding contract and are not and will not be barred from accessing and/or using the UTU App and/or UTU Website under the laws of the applicable country in which the User is so accessing and/or using the UTU App and/or UTU Website. If the User is under eighteen (18) years old, the User may use the UTU App and/or UTU Website only with the involvement of a parent or guardian.

1.6 The access to the Website and the download of the UTU App are available for free. The enabling of the Products and Services may entail the payment of a cost as specified in the single Product and Services Sheets and within the terms indicated therein.

1.7 After registration, the User is invited to frequently check the pages of the UTU Website/App to be aware of any changes made and periodic updates which are binding to the User, as expressly provided in the Article 4.6 of Section IV – Miscellaneous provisions.

1.8 Users are invited to read the Privacy Policy and the Cookies Policy as set out in Section V below including the related updates and any changes to be informed how the personal data will be collected, used and processed during the access to the UTU Site/App and the Services/Products use and purchase, for the purposes therein. 

SECTION II – GENERAL PROVISIONS

1. UTU WEBSITE AND APP – NAME, DOMAIN AND APPLICATION ENTITLEMENT.

1.1 The Website www.utu.global and the related domain name is owned by the UTU Company. All content on the Website, the UTU Products and Services and the UTU App is owned by the UTU Company.

2. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

2.1 The UTU Company declares to be the owner and licensee of all industrial and intellectual property rights related to the materials and contents available on the Website and on the UTU App.

2.2 Restricted use: All copyright and other intellectual property and proprietary rights in and to the UTU App and/or UTU Website are owned, licensed to or controlled by UTU or the applicable Third-Party Service Providers. No part or parts of the UTU App and UTU Website may be copied, reproduced, distributed, modified, reused, re-posted, used, reverse engineered, decompiled, disassembled, separated, altered, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 2.3 below, permission will only be granted to the  User to download, print or use UTU App and/or UTU Website for personal and non-commercial uses, provided that the User retain all copyright and other proprietary notices contained therein.

2.3 Trademarks: All trademarks, service marks, names and logos used in the UTU App and/or UTU Website are owned by or have been licensed to UTU or are used as permitted by applicable laws. Nothing on the UTU App or UTU Website and in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to download, reproduce, display or use (including as a meta tag or as a “hot” link to any other website) any such trademarks, service marks, names and logos, without the written permission of UTU Company or any other applicable trademark owner.

2.4 Third Party Service Provider” means a party other than UTU and/or any of its related corporations which provides any function or service accessible through or on the UTU App.

3. INFORMATIONS ON UTU SERVICES AND PRODUCTS

[A] General

3.1 The Products and Services are provided by the UTU Company through its UTU App and allow the User (tourist/traveller), being an individual non-resident and not domiciled in the customs territory of the European Union, to receive the refund of the tax paid on purchases of non-commercial goods, with the method he/she prefers, such as credit/debit cards or other methods deemed appropriate, safely and quickly. 

3.2 In the European Union, the Value Added Tax (VAT) refund system is regulated by the European Directive 2006/112/EC and transposed into the legislative systems of each European State Member, with refund rates and methods that differ from country to country.

3.3 The amounts, conditions and procedures for refunding VAT may differ from those laid down by the laws of each State Member. 

3.4 Therefore, each User is required to refer to and comply with the different conditions and methods of reimbursement in force in the legal systems of the countries in which he/she made the purchases. 

[B] CONDITIONS FOR GRANTING THE VAT REFUND

3.5 Users, by accepting these Terms and Conditions, agree to utilise UTU Company as the  intermediary in the VAT procedure refund for purchases of personal goods made in the customs territory of the European Union. The UTU Company may appoint other entities to undertake portions of the activities in relation to the VAT procedure refund .

3.6 Users undertake not to utilise, directly or indirectly, other intermediaries in the VAT refund procedure for those goods and services in which the Users has agreed to use the Products and Services. Should the Users use other intermediaries for the above mentioned goods and services, such goods and services for which the Users has agreed to use the Products and Services may not be processed by UTU Company and the User may not get a refund of the VAT amount and may be charged by UTU Company for the cancellation of the processing of such goods and services.

3.7 The Products and Services will be provided by UTU Company in favor of Users under the following scope:

1. the Products and Services can only be enabled by individuals (tourists/travellers) having their residence or domicile in a country not belonging to the customs territory of the European Union;
2. An individual may only be refunded the Value Added Tax (VAT) charged on the purchase price of consumer goods intended for personal and/or family use (non-commercial goods);
3. VAT paid on the purchase of goods used for commercial or business purposes or expressly excluded by national tax laws shall not be refundable;
4. no other tax, other than VAT, may be refunded. 

[c] ACTIVATION AND TERMINATION OF SERVICE
3.8 The Products and Services are activated by registering to the UTU Website/App and providing the necessary details for registration for the UTU Cardwhich shall include the requirement to accept these Conditions by the Users (in accordance with Article 1.4 – ACCEPTANCE OF THE GENERAL CONDITIONS)..

3.9 The Products and Services will terminate after the VAT has been refunded  upon duly Customs digital validation provided that the registration for the UTU Card shall be maintained for future VAT procedure refund  unless the User has requested for a termination of such UTU Card.

3.10 Notwithstanding Article 3.9 above,  the services will be deemed to be terminated where:

• the User has utilised other intermediaries in the VAT refund procedures as stated in Article 3.5 above;
• the User has provided incomplete or false personal data during the registration to the UTU Website /App;
• in all other cases in which the User has failed to comply with the obligations set forth in Articles 4 and 7 of these General Conditions.

3.11 The UTU Company reserves the right to suspend the refund service if the User commits or appears to have previously committed actions in fraud to European and non-European tax legislation or to any other provision of law, reporting such actions to the competent authorities.

[D] TRANSPARENCY OF THE SERVICES 

3.12 Where a User opts for a refund of the Tax Free amount on a payment/credit/wallet card denominated in a different currency than the one of the refund will be converted by UTU based on the “we sell rate” of a recognized European retail bank plus up to +3%.

3.13 In case the tax free form is not delivered back to UTU Company duly validated, at the expiration of 21 days from the date of early refund (voucher), the User will be debited to the designated credit card an amount equal to the sum of the early refunds minus the amount of each transaction not yet reimbursed but validated by Customs, plus a 5% on the amount debited or 5 euro whichever is higher as a debiting fee. It is important to note that the amount debited will still be placed as a credit in the balance of the tourist as pending validation. If the tourist will deliver back to UTU the tax free forms duly validated by Customs within their expiration time, of sufficient value to cover the amount charged, the amount will be credited on the designated credit card.

3.14 The Products and Services are supplied separately and in accordance with the terms specified on the Website and on the UTU App. For further details on the single Products and Services, please refer to Section II. Products and Services.

3.15 The UTU Company reserves the right to introduce new products, services, applications, programs, functions (collectively called New Services) to the UTU App/Website offered according to the terms of this contract.

4. USER’S OBLIGATIONS 

4.1 Users are obliged to use the UTU Website/App only for lawful and legitimate purposes. The Users acknowledges that it is forbidden to use the Product and Services:

• in ways that violate any applicable local, national or international law or regulation;
• in ways that are illegal or fraudulent, or that have illegal or fraudulent purposes or effects;
• in ways that are intended to damage or attempt to damage the UTU Company and other third parties;
• with the intent of transmitting or procuring any damage to others or to the User.

 4.2 Compliance with guidelines: Users are required to comply with our notices, instructions, guidelines and operating rules and policies pertaining to the access and/or use of the UTU App and/or UTU Website which UTU issues from time to time, which may be notified to the Users via the UTU App and/or UTU Website or otherwise.

4.3 Restricted activities: The Users agrees not to (i) send, distribute or upload, in any way, data or materials which contain viruses or other malicious, destructive or corrupting code, agent, program or macros that may impair or damage the operation of another’s computer or equipment or that may corrupt the data contained in or interfere with the operation of the UTU App and/or UTU Website, (ii) post, promote or transmit through the UTU App and/or UTU Website any unlawful, harassing, libelous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, and (iii) use the UTU App and/or UTU Website other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, statutes, and regulations.

4.4 Availability of UTU App and/or UTU Website: UTU may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove the UTU App and/or UTU Website (or any part thereof). 

4.5 The Users understand that the technical processing and transmission of the UTU App and/or UTU Website may involve (i) transmissions over various networks, and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. 

4.6 The Users understand that the UTU App and/or UTU Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by UTU and/or Third-Party Service Providers. The Users may not attempt to override or circumvent any of the usage rules embedded into the UTU App and/or UTU Website. 

4.7 The Users agree and acknowledge that these Terms and the services provided or made available thereunder do not include the provision of Internet access or other telecommunication services by UTU. Any Internet access or telecommunications services (such as mobile data connectivity) required by the Users to access and use the UTU App and/or UTU Website shall be the sole responsibility and shall be separately obtained by the Users, at the User’s own cost, from the appropriate telecommunications or internet access service provider.

5. ENABLING UTU PRODUCTS AND SERVICES  

5.1 The User can avail himself to the Products and Services provided by UTU Company by following the instructions on the UTU App/Website to register and provide the necessary information required.

5.2 The User shall be provided access to the Products and Services only after the completion of the requested information. The User is required to use the latest iOS or Android versions of the UTU App in order to use the mobile service provided by UTU. UTU Company is not responsible for or obliged to (i) support any devices that do not meet these standards, or (ii) provide any adaptations, enhancements and/or modifications to the UTU App, including any updates, patches, bug-fixes and/or upgrades to the UTU App or any new versions and/or releases of the UTU App which incorporate new features or functions. 

5.3 Mobile application licence: The UTU App is proprietary to UTU Company and must not be used other than strictly in accordance with these Terms. UTU Company hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the UTU App downloaded directly from the official channels approved by us from time to time (such as the Apple App Store and the Google Play Store), on a single personal tablet or mobile device, solely in object code format and solely for User’s personal use for lawful purposes, in the manner permitted by and subject always to these Terms. UTU Company reserves all rights not granted hereunder. User agrees not to (i) reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, resell, assign, license, rent, lease, lend, export, offer on a “pay-per-use” basis, trade, exploit or use the UTU App or any part thereof, in any form, by any means, for any commercial or other purposes, (ii) adapt, modify, decompile, disassemble, localise, port or reverse-engineer the UTU App or any part thereof, (iii) remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of UTU placed upon or contained within the UTU App or any part thereof, (iv) prepare or develop derivative works based on the UTU App or any part thereof, (v) use the UTU App on any hardware, machine or equipment other than the Prescribed Equipment for any purpose other than those permitted under these Terms, and/or (vi) remove, extract, download or copy any software, firmware, program and/or any code of any kind which have been embedded and/or incorporated into the hardware, devices and/or equipment comprised in the tablet or mobile device. 

5.4 Open Source Licences: With respect to any open source or third party software or code that may be incorporated in the UTU App, such open source or third party software or code is covered by the applicable open source or third party licence, if any, authorising and/or controlling User use of such software or code. User agrees to use the UTU App in accordance with the applicable open source or third party licence, each of which shall constitute a licence solely between the User  and the applicable licensor.

5.5 Without prejudice to Article 8 below, any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licences granted hereunder. The use restrictions set out herein shall survive the termination of these Terms.  

5.6 Mobile Data: The User acknowledges and agrees that the use of any mobile services such as data when using our UTU App may entail additional charges with the User’s respective mobile service providers and the User shall be responsible for such charges (where applicable).

6. TRUTHFULNESS OF UTU MEMBER’S PERSONAL DATA 

6.1 If the User creates an account with UTU Company or to sign in to the UTU App via a third party social media account and further registers for the UTU Card, the User agrees to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form in the UTU App (the “Registration Details”), and (ii) maintain and promptly update the Registration Details to keep them true, accurate, current and complete.

The User Registration and Transaction details will be processed in accordance with the UTU Privacy Policy.

6.2 The UTU Company reserves the right to prohibit access to the App/Website and the provision of the Products and Services or to withdraw from the  User the possibility to connect to the device without notice, if:

• the User identification data are false, incomplete or in any case inaccurate;
• the User has been involved in fraud of any kind and in any legislative order;
• the User has or has undertaken a legal dispute with the Company;
• the User has previously violated the conditions and terms of use of the UTU devices;
• the User is deemed to be unsuitable to maintain relations with the Company.

6.3 The UTU Company reserves the right, but not the obligation, to report to relevant governmental authorities any activity suspected of the violation of applicable laws and regulations and will cooperate to ensure that offenders are prosecuted by the laws and regulations of the respective laws.

6.4 The UTU Company reserves the right to give to the relevant governmental authorities all the information believed necessary or appropriate, including the contact details of the User, IP addressing and traffic information, usage history and published contents at the request of the relevant government authorities

6.5 The User acknowledges, consents and agrees that UTU Company may (i) access, preserve and disclose the information associated with your UTU account if required to do so by applicable laws, statutes and regulations or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with applicable laws, statutes and regulations, (b) enforce these Terms, (c) respond to your requests for customer service, or (d) protect the rights, property or personal safety of UTU, Users, Third Party Service Providers and the public, and (ii) use all information it has access to in relation to User activities on the UTU App and/or UTU Website, without further reference to the User.

7. ACCOUNT CANCELLATION

7.1 The User may request at any time the cancellation of his account by sending a written request to the e-mail address at [e-mail]; the User acknowledges that the User will not have a right to a refund, whether wholly or pro-rated of the fees and other amounts paid for the Products and Services. This request will result in the termination of any contractual relationship between the User and UTU Company and the immediate deactivation of the Products and Services available to the User, subject to the following Article 7.2. 

7.2 Where a User request for an account cancellation and there are amounts outstanding to UTU Company as a result of the User requesting for such account cancellation prior to the submission of the required documents to customs, the User’s preferred payment instrument will be debited with the amount to be paid to UTU Company. This amount will be equal to outstanding amount UTU Company has extended as instant tax refund in form of e-voucher or otherwise and is due to UTU Company from user to be completed by verifying tax free forms with customs and completing the due process.

7.3 Where a User request for an account cancellation and there are amounts to be paid to the User, the User account will continue to remain available until such time that the payment has been made to the User. In the event that UTU Company is unable to make the payment to the User for any reason whatsoever including but not limited to the User cancelling or restricting access to the preferred payment instrument chosen by the User for the Products and Services of UTU Company, UTU Company shall manage such credit balance in accordance with applicable law.

7.4 A User will only be able to cancel the account if there are no outstanding balances or amounts owed to UTU or amounts to be paid to the User.  

7.5 UTU Company, after the account closure by the User, may delete all data and documents provided by the User at the time of registration.

7.6 UTU Company will only keep those data that it will be obliged to keep in compliance with the rules, regulations and / or orders of the competent Authorities or on where required by law or a court of competent jurisdiction.

8. TERMINATION 

8.1 The UTU Company reserves the right to  close, suspend, terminate, invalidate or limit the User access to, or to refuse to permit User any and all future use of, the UTU App and/or UTU Website and/or all or any of the offerings within the UTU App and/or UTU Website (including deleting the User Username and/or Password and all related information, files and content associated with or inside User account (or any part thereof) for any reason whatsoever and without giving any reason or prior notice, including but not limited to in the event of any of the following circumstances:

1. The User violates any of these Terms or the Privacy Policy or any other agreement may enter into with the UTU Company;
2. such closure, suspension, termination, invalidation, limitation and/or refusal is required or requested under applicable law, by any regulatory authority and/or by any order of a court of a competent jurisdiction;

iii. The User request for such closure, suspension, termination, invalidation, limitation and/or refusal;

1. The User is found to have more than one account registered in the name of the User;
2. as result of UTU Company investigations, it is believed the UTU account is not being operated or used in accordance with these Terms;
3. The User provides any information that is untrue, inaccurate, not current or incomplete, or UTU Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete;

vii. User engages or is suspected to be or have engaged in fraudulent or illegal activities;

viii. the discontinuance of or material modifications to the UTU App and/or UTU Website (or any part thereof); and

1. unexpected technical or security issues.

8.2 Upon termination of these Terms for any reason whatsoever, (i) all rights and/or licences granted to the User under these Terms shall immediately and automatically cease and terminate, (ii) User shall forthwith cease the access to and use of the UTU App and/or UTU Website in any way whatsoever and uninstall the UTU App (where applicable).

9. ANTI-MONEY LAUNDERING

9.1 Where required, the User’s data will be processed in accordance with the Laws in force that combat money laundering of illegal origin.  

10. EXCLUSION AND LIMITS OF LIABILITY 

10.1 Users agree to use the UTU Products and Services at their own risk.

10.2 UTU Company uses reasonable skill and care in providing its Products and Services to Users. However (to the maximum extent permitted by law) UTU Company is not liable to Users for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by Users from their use of, or their inability to use, the Products and Services offered however caused notwithstanding any error or omission including negligence.

10.3 UTU Company shall not be liable to Users or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by Users resulting from the failure or delay of UTU Company to execute any Services in accordance with the instructions from Users.

10.4 UTU Company shall not be liable for any fees or commissions charged by any intermediary bank or other entity in relation to the tax refund amounts credited to Users personal account or designated credit/debit card.

10.5 Users agree that UTU Company will not be responsible in any way in the event of force majeure or for the act of any Government or legal authority.

10.6 Users hereby indemnify and hold blameless UTU Company, its directors, officers, affiliates, employees and agents from and in respect of any loss, damage, liability, cost or expense that it may suffer or incur by reason of User acting in breach of any of these General Terms and Conditions or any breach of any applicable law or regulation.

10.7 Users agree that UTU Company will not be liable in any way to Users in the event of failure of or damage or destruction to their computer/mobile system, data or records or any part thereof or for any delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. 

10.8 Users will not expose the Website/App to any viruses, trojans or other similarly harmful or inappropriate material or device. In the event that any such viruses etc. are deemed to have been transmitted to the Website/App from their account, UTU Company reserves the right to terminate Users Account and Users shall be liable for the cost to UTU Company of removing such viruses etc.

11. BILLING OF THE COST OF SERVICES AND PRODUCTS PROVIDED BY UTU 

11.1 The billing of the cost of Services and Products provided by UTU Company will be carried out according to current legislation and specifications of Singapore and any local UTU entity and service and/or business partner where required.  

12. INDEMNITY

12.1 The User will defend, indemnify and hold harmless the UTU Company from and against any and all liabilities, claims, charges, costs, losses, damages, demands, judgments, settlement sums, penalties, interests and expenses (including reasonable attorneys’ fees) arising out of any Claim (i) by reason of the User access and/or use of, and/or UTU Company making available to the User, the UTU App and/or UTU Website, and/or UTU Company having entered into these Terms with the User, UTU Company’s enforcement of its rights under these Terms, or acting upon any instructions which the User may give to UTU Company via or in relation to the UTU App and/or UTU Website, or any negligence, fraud and/or misconduct on User part, and/or (ii) that arises out of or relates to any actual or alleged breach of User representations, warranties, or obligations set forth in these Terms. For the purposes of this  Article 12.1, “Claim” means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person.

13. LIMITATION OF LIABILITY

13.1 Under no circumstances shall UTU Company be liable to User, or any other party, in contract, tort (including negligence) or otherwise howsoever, whatever the cause thereof, for any loss of profit, business, contracts, revenues, or anticipated savings or any special, indirect or consequential damage of any nature whatsoever, including that arising directly or indirectly from or in connection with: 

1.  any access, use or misuse of, or reliance on or inability to access or use (a) the UTU App and/or UTU Website (including by reason of (I) UTU’s closure, suspension, termination or invalidation of the relevant UTU account, (II) UTU’s refusal to permit a User any and all current of future use of the UTU App and/or UTU Website, and (III) UTU’s upgrade, modification, alteration, suspension, discontinuation of the provision of or removal of the UTU App and/or UTU Website), or (b) any other website or webpage linked to or provided through the UTU App and/or UTU Website;
2. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macro, suspension or termination of the UTU App and/or UTU Website;
3. any loss of data or interruption in use or availability of data; and
4. any products, services, information, data, software or other material advertised on, obtained or downloaded from (a) the UTU App and/or UTU Website, (b) any other website linked to or provided through the UTU App and/or UTU Website, or (c) any other party referred to by the UTU App and/or UTU Website or through the use of the UTU App and/or UTU Website, as well as by reason of any information received through or advertised on the UTU App and/or UTU Website.

Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

13.2 Without limiting the foregoing, under no circumstances shall UTU Company be held liable (i) for any delay or failure in performance, or error, interruption or delay in the performance of its obligations or in the UTU App’s operation, or for any inaccuracy, unreliability or unsuitability of the content on the UTU Website/App, in whole or in part, resulting directly or indirectly from any event, failure, acts of nature, forces, or causes beyond its reasonable control, including network failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or the action or non-performance of third parties, or (ii) for damages arising in connection with the downloading or installation of, or the inability to download or install, the UTU App by the User or other third party.

14. DISCLAIMER OF WARRANTIES

14.1 The UTU App and UTU Website are provided on an “as is” and “as available” basis, with no warranties whatsoever. UTU Company and its officers, employees or agents expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including any warranties: 

1.  of title, satisfactory quality, freedom from virus or other malicious, destructive or corrupting code, agent, program or macro, merchantability, fitness for a particular purpose and non-infringement of proprietary rights, in conjunction with the UTU App and/or UTU Website or any information and materials provided therein;
2. on the accuracy, adequacy, completeness, security, reliability, timeliness and performance of the UTU App and/or UTU Website or any information and materials provided therein;
3. that the UTU App and/or UTU Website will meet the User requirements, and/or User use of and/or access to the UTU App and/or UTU Website and/or the operation of the UTU App and/or UTU Website will be uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
4. for content, products or services received through or advertised or featured on the UTU App and/or UTU Website or received from UTU as well as any information received through or provided under the UTU App; and
5. of the security of any information transmitted by or to User using the UTU App and/or UTU Website, and User accept the risk that any information transmitted or received using the UTU App and/or UTU Website may be accessed by unauthorized third parties and/or disclosed by UTU Company and its officers, employees or agents to third parties purporting to be the User or purporting to act under authority from the User. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.

14.2 The User understands and agrees that in downloading the UTU App, accessing and using the UTU App and/or UTU Website or otherwise obtaining material or data through the UTU App and/or UTU Website, the User is using the UTU App and/or UTU Website at its own discretion and risk and that the User will be solely responsible for any damages to the User computer or mobile devices including any loss of information or data on the computer or mobile devices.

15. ILLEGAL/PROHIBITED ACTIVITY

15.1 Compliance with laws, fraud and disclosure of information. The UTU App and/or UTU Website may be used only for lawful purposes and in a lawful manner. The User agrees to comply with all applicable laws, statutes and regulations in the access and/or use of the UTU App and/or UTU Website and the UTU Card. The User may not register under a false name or use an invalid or unauthorised payment card, including credit and debit cards. The User may not (i) impersonate any person, including any User, or use another member’s Username and/or Password, or (ii) falsely state or otherwise misrepresent your affiliation with any person. Such conduct or other breach of these Terms may be a violation of the applicable laws, statutes and regulations and UTU reserves the right, but shall not be obliged, to report any activity it suspects to be in violation of any applicable laws, statutes and regulations to the appropriate authorities, and UTU will cooperate to ensure that violators are prosecuted to the fullest extent of the applicable laws, statutes and regulations. In order to cooperate with governmental requests, to protect UTU’s systems and customers, and/or to ensure the integrity and operation of UTU’s business and systems, UTU may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, usage history, and posted content.

15.2 Investigation
Without prejudice to Article 15.1 above, UTU Company has the right (but not the obligation) to monitor, pre-screen, screen or otherwise control any activity and content associated with or available through the UTU App and/or UTU Website and investigate as UTU Company deems appropriate. UTU Company may also investigate any reported violation of these Terms, its policies or complaints and take any action that it deems appropriate. Such action may include issuing warnings, suspending or terminating any service, denying access, UTU reserves the right in its sole discretion (and shall not be obliged) to remove, screen, or edit any content that violates these Terms or is otherwise objectionable.

16. MISCELLANEOUS PROVISIONS

16.1 Entire Agreement
These Terms and the documents referred to herein constitute all the terms and conditions agreed upon between the User and UTU Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Terms in any written or oral communication from User to UTU Company is void. User represents that the User has not accepted the Terms in reliance on any oral or written representations made by UTU that are not contained in these Terms.

16.2 Severance
If any provision of these Terms or part thereof is rendered void, invalid, illegal or unenforceable (whether in whole or in part), such provision shall be struck and severed from these Terms and the remaining provisions of these Terms shall not be affected thereby.

16.3 No Waiver
No failure on the part of UTU Company to exercise, and no delay on UTU Company’s part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in respect of UTU Company in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).

16.4 Disputes
If a dispute arises between User and UTU Company, please contact UTU Company to allow us to learn about and address your concerns and/or to provide the User with options to resolving the dispute quickly. Disputes between User and UTU Company regarding the UTU App and/or UTU Website may be reported to us at [e-mail].

16.5 Notices to User
User agrees that UTU Company may provide User communications about  User  account, the UTU App, the UTU Website and these Terms electronically. UTU Company reserve the right to close the User account if User withdraws consent to receive electronic communications. Any electronic communication will be considered to be received by User within 24 hours of the time UTU Company post it to the UTU App and/or the UTU Website or email it to the User at the email address provided by User during registration.

16.6 Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with the laws of Singapore. The parties agree to submit all their disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the Courts of Singapore.

16.7 Third Party Rights
Any person who is not a party to these Terms (whether or not such person has been named, referred to, or otherwise identified, or forms part of a class of persons so named, referred to or identified, or answers a particular description, in these Terms) shall have no rights whatsoever to enforce these Terms. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms. 

16.8 Variation
UTU Company reserves the right to revise, supplement or update these Terms from time to time by posting the revised version on the UTU App and/or UTU Website or such other method of notification as may be prescribed by UTU from time to time, which  User agrees shall be sufficient notice for the purpose of this Article 16. Such revised version shall automatically be effective upon its posting on the UTU App and/or UTU Website and UTU Company may notify User about any significant changes to these Terms by sending a notice to the email address specified in your registration details or by placing a prominent notice on the UTU App and/or UTU Website. By continuing to access and/or use the UTU Website and/or UTU App after being notified of such amendments, the User is agreeing to be bound by these Terms (including the amendments thereof) and User use and/or access shall constitute an affirmative acknowledgement by User of these Terms (including the amendments thereof) and agreement by User to abide and be bound by these Terms (including the amendments thereof). If User does not agree to be bound by the amendments, User shall immediately cease all access and/or use of the UTU App and/or UTU Website.

16.9 Others

1. Language: If these Terms are translated into a language other than English, the English text shall prevail.
2. Assignment: UTU Company may assign its rights under these Terms to any third party.
3. Sub-contracting and delegation: UTU Company reserves the right to delegate or sub-contract the performance of any of its functions in connection with the UTU App and/or UTU Website and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.
4. Cumulative rights and remedies: Unless otherwise provided under these Terms, the provisions of these Terms and UTU Company’s rights and remedies under these Terms are cumulative and are without prejudice and in addition to any rights or remedies it may have in law or in equity, and no exercise by UTU Company of any one right or remedy under these Terms, or at law or in equity, shall (save to the extent expressly provided otherwise in these Terms or at law or in equity) operate so as to hinder or prevent its exercise of any other such right or remedy as at law or in equity.
5. Binding and conclusive: User acknowledges and agrees that UTU Company’s records and any records of the communications, transactions, instructions or operations (a) made or performed, processed or effected through the UTU App and/or UTU Website by User or any person purporting to be the User, acting on behalf or purportedly acting on behalf of User, with or without User consent, (b) relating to the operation of the UTU App and/or UTU Website, and (c) maintained by UTU Company or by any relevant person authorised by UTU Company relating to or connected with the UTU App and/or UTU Website, shall be binding on User for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. User hereby agree that all such records are admissible in evidence and that User shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and User hereby waive any of your rights, if any, to so object.

SECTION III – COMPLAINTS MANAGEMENT POLICY

1. COMPLAINING – SUBJECT, PROCEDURE AND TIME LIMITS

1.1 UTU Company is committed to providing Users with the highest standards of service. If Users feel UTU Company has not achieved that, please send their complaints to [e-mail]

1.2 The complaint must be submitted not later than 14 days after occurring the dissatisfaction. No form of complaint will be accepted after this deadline.

SECTION IV – PROMOTIONS

The UTU Company informs Users of the UTU Website/App that it will work with preferred third-party partners including card networks or bank partners or e-payments in order to provide a wide range of promotions in the provision of its UTU Services and Products.

The preferred card network or bank partner informs Users of the UTU Website/App that it will work with UTU Company to create advantageous promotions within the provision of UTU Services and Products.

SECTION V – SERVICES AND PRODUCTS SHEET

1. UTU TAX FREE CARD (the “UTU Card”)

1.1 The UTU Card is a virtual card  with a standard 16-digit number, provided to Users who register for the product through the App. It is issued by UAB NIUM EU, a company registered in Lithuania who is acting as an Issuer and Bin Sponsor for the UTU Card. (the “Issuer”). The UTU Card is subject to the terms and conditions from Nium as set out here.

1.2 A User personal information and transaction details may be provided to the appointed service providers and data processors for the purposes of Know your client (KYC), checks and anti-money laundering monitoring, registration of the UTU Card and providing the products and services.

1.3 User consent to the following in relation to the UTU Card:

1. a) User consents that UTU and the Issuer will provide User with a virtual card which is to be used solely to receive User’s VAT refund amount upon successful registration.
2. b) User consents that funds received from the VAT Refund Operator (the “VRO”) on the UTU Card will be assigned to UTU for the sole purpose of enhancing the value of the refund via rewards and /or additional cash benefit in the form of reward that utu has agreed to provide to user as set out in the App.
3. c) User consents the above mentioned funds being transferred from the UTU Card to utu’s account for the sole purpose of conversion to rewards.
4. d) User consents to UTU imposing processing / conversion fees in relation to the rewards which shall be imposed on the VAT refund amount.

1.4 The process of receiving and converting the funds to rewards as follows:

• UTU Card is activated upon successful registration by User and User’s request and User then uses the card number provided as their preferred refund channel on the VAT refund form to receive the tax refund amount.  
• User is required to choose the form of reward for the VAT refund amount on the App at registration for the UTU Card.
• Once VAT refund amount is received on the UTU Card from the VRO, the VAT refund amount is immediately transferred to the Issuer as per the schedule agreed between the issuer, processor and utu.
• At the direction of the User consented at registration, the issuer transfers the amount to the designated rewards processing partners to complete the rewards process.
• The VAT refund amount is then converted to the rewards as per the users’ preselected choice on the App.
• User receives the reward and a confirmation is provided via notification to the User’s account on the App.

1.5 The UTU Card set out in these Terms is issued to User as a virtual card without a physical card. The UTU Card can only be used for the purposes of receiving the VAT refund amount. The UTU Card does not support cash deposit or withdrawals and other related physical or virtual card functions, pre-authorized transaction related services, including but not limited to ATM, POS, electronic cash, and flash payment.

1.6 The regulators of the issuer may publish new or amended regulations on virtual cards from time to time. Any new requirements shall be published on the App for Users from time to time when using the UTU Card.

1.7 User agrees that UTU has the right to amend, modify and/or supplement these Terms by way of notice to Users on the App. The User is invited to pay attention to the notice. If the User does not wish to continue to use the UTU Card after notice of such amendment or modification or wishes to terminate the usage of the UTU Card, the User can simply terminate the UTU Card by contacting utu at customer service. The termination of the card is immediate upon user’s notification.  

1.8 The tax refund requested using any VROs tax free forms is at the sole discretion of the said VRO and UTU will not be responsible for any refund requests rejected by VROs.

1.9 The UTU Card is valid for a limited period and can only be used for receiving tax-refunds. The expiration date will be shown on the UTU Card. The Issuer and/or UTU may decline a transaction, place restrictions on the UTU Card or apply special security procedures in respect of transactions if:

1. It is reasonably believed that the transaction poses a high risk of fraud;
2. It is reasonably believed that the transaction would be in breach of these Terms;
3. In the reasonable belief of the Issuer and/or UTU that there is a risk to the security of your Card or personal data;
4. If the Issuer and/or UTU believe a transaction is unauthorised, illegal or fraudulent.

2. ADVISING CHANGES OF PERSONAL DETAILS

Users are requested to promptly notify changes of name, address or contact details, such as telephone numbers or e-mail address, updating the details on the App within 14 days of the change by contacting at [e-mail]

3. USERS PERSONAL DATA PROCESSING

3.2 Information on how UTU and the Issuer process  User personal data is available at the UTU Privacy Policy found on the app.

4. COMPLAINTS

4.1 Should there be any queries or concerns about the service provided under these Terms and Conditions please contact the Customer Services at [e-mail] or call our customer service at: [phone]

TERMS AND CONDITIONS FOR THE UTU MILES TO FREQUENT FLYER MILES CONVERSION PROGRAM

1. The User has to choose Frequent Flyer Program as the User’s preferred option for the tax refund amount to be converted under the UTU Miles Frequent Flyer Conversion Program. Once this option is chosen, the User is required to choose a preferred Frequent Flyer Program partner from a list of participating partners to convert the VAT refund amount into UTU Miles then into frequent flyer miles as Rewards.
2. The tax refund amount received from customs in relation to a User is converted to UTU Miles in USD at the rate of 100 USD = 1000 UTU Miles. *The rate of 100 USD = 1042 KrisFlyer Miles applies only with KrisFlyer.
3. All tax refunds received in any currency that are to be converted to utu Miles at the choice of the User and cannot be reversed. The user has the discretion to change his Frequent Flyer Program Partner or refund method.
4. Conversion rate of utu Miles to frequent flyer miles is determined in accordance with the conversion rate by the respective participating partners. The user can refer to the conversion and reward that user has requested for through the Refund Calculator on the App.
5. The conversion of utu Miles to frequent flyer miles of a participating partner is strictly for personal usage by the User, can only be used by the User and is subject to the terms of conditions of the participating partner found at the frequent flyer program partners’ website/App. All utu Miles converted are non-refundable. No partial conversions from UTU Miles to frequent flyer miles of a participating partner is allowed.
6. The User is responsible for ensuring that his/her frequent flyer miles membership account is active at the time of registration.
7. To convert UTU Miles to frequent flyer miles, the details provided by the User must match the chosen frequent flyer membership account. The User is required to enter his/her frequent flyer miles membership number, and any other fields as provided on the App as a precondition to link a frequent flyer program.
8. All mobile and email addresses provided to UTU must be valid and personal to the User. In addition, the email address provided by the User at registration must have been registered with the frequent flyer miles program of the chosen participating partner previously.
9. Any communication sent the utu users will be considered delivered when notified in the inbox of utu app.
10. Conversion of UTU Miles to frequent flyer miles of a chosen participating partner of the User will take an estimated 5 days to be processed from the date the refund is received from the VAT Refund Operator (VRO). Users will be updated as to status through the App.
11. to Frequent Flyer miles takes place only if:
    
    a. Your preferred Frequent Flyer membership account is active at the time of registration and selected as the default refund method
    b.Frequent Flyer membership account is linked to your utu account, following each Partner Airlines requirement
    c. Frequent Flyer membership account number entered in the utu Tax Free app must match the details in the selected Frequent Flyer membership account
    d. You are not In breach of any other terms of the frequent flyer membership program that you have Indicated as your preferred frequent flyer membership
    
    
12. 1,000 Frequent Flyer Miles will be credited to your Frequent Flyer Program account within 10 working days from the date of successful submission of the request. utu members will be notified via the utu Tax Free App once Frequent Flyer Miles has been successfully credited to selected Frequent Flyer .
13. Following the submission of a conversion request, the conversion cannot be cancelled. utu Miles which have been converted to your preferred Frequent Flyer Program cannot be converted back to utu Miles.
14. Once converted, the expiry and value of the Frequent Flyer Miles will be subject to Frequent Flyer Programme Rules.
15. utu Rewards Pte Ltd shall not be liable for any incorrect utu Miles transfer based on inaccurate information provided.
16. utu assumes no responsibility for utu Miles converted from a Member's membership account into a participating Frequent Flyer Program or for the actions of any participating airline  in connection with its Frequent Flyer Program or otherwise
17. Any airline's participation in the Program is subject to change with or without notice.
18. The Terms and Conditions of your utu Tax Free Card apply to this utu Membership Early Bird promotion.

utu Membership Terms & Conditions

Membership period

The membership is on annual subscription basis, There are four tiers of membership, as explained below. Subscription will be billed in advance on an annual basis depending on the type of Membership plan you subscribe.

Your subscription auto renews on annual basis unless you contact utu customer service at [phone] or email at [e-mail]. utu reserves the right to cancel your subscription with notice to you.  

Membership Tiers and Benefits

The utu Membership tiers, benefits, and rewards structure are described at utu.global/products/utu-membership and may be updated as needed.

Traveller tier: This basic tier is complimentary and provides benefits to utu members who have activated their utu Tax Free Card and selected a Frequent Flyer programme or Hotel Rewards Loyalty programme (“Reward Partner program”) to receive their VAT Refund converted to selected miles/points .

Explorer tier – This is an entry level subscription tier with benefits as stated at utu.global/products/utu-membership,

Voyager tier – This is the second level of subscription tier with benefits as stated at utu.global/products/utu-membership,

Elite tier - This is the top level of subscription tier with benefits as stated at utu.global/products/utu-membership

 

Fee Changes

utu in its sole discretion and at any time, may modify the Membership fees with notice to you and will communicate the effective date of such changes.

Your continued use of the benefits after the above mentioned notice constitutes Your agreement to pay the modified Membership fee amount.

 

Refunds and Cancellations

The subscription paid for the said year is non-refundable nor will be pro-rated in the event of any cancellation or dispute.

Non Transfer of membership 
The registered  utu member on the utu account is the only person who is eligible to enjoy the utu Membership benefits. None of the membership benefits nor tiers subscripted  are transferrable between individuals.

General Terms of usage
A utu member must have registered at least one valid Rewards Partner program  in order to have their utu miles/points  converted and stored within.

A utu member can view his/her utu miles and/or frequent flyer miles/hotel rewards loyalty points through transaction history, check member benefits, update personal information, provide or update payment details on the membership app.

Miles and points earned through the utu membership may be subject to tax.  Any such tax imposed is the sole responsibility of the utu member.

Any Reward Partner program  may be removed at utu’s sole discretion.

utu reserves the right to change this Membership Terms and Conditions at any time by giving the Member 14-day advance notice before effective date.

Reward Partner program Terms and Conditions.

Members are subject to and must comply with the Terms and Conditions applying to each participating Reward Partner program   in which they are enrolled utu miles converted are irreversible. 

utu assumes no responsibility for any loss of whatever nature resulting from the conversion of your utu Miles to a participating Reward Partner program. Any tax liability arising from the conversion is the sole responsibility of the Member. utu makes no warranty or representation in relation to such tax liability and therefore assumes no responsibility.

utu assumes no responsibility for utu Miles converted to a utu member's participating Reward Partner program or for the actions of any participating airline and hotel in connection with its Reward Partner program or otherwise.

Timing of conversion of utu miles to any Reward Partner program is subject to participating airlines and hotel programme partners’ timelines. Members wishing to travel using the said Reward Partner program should allow sometime for the conversion.

Any airline's or hotel's participation in this membership program is subject to change with or without notice.

Termination
If for any reason utu cancels your utu Tax free Card according to the Card’s Terms and Conditions, we reserve the rights to suspend or terminate your utu membership Account.

utu can suspend or terminate this Program at any time it deems necessary. In such case, utu shall give advance written notice to the utu member.

Fraud and abuse relating to the earning of utu Miles in the Program or conversion into a participating Reward Partner program may result in forfeiture of accrued utu Miles as well as cancellation of the respective utu member’s membership Account.

All questions or disputes regarding eligibility for the Program or the eligibility of utu miles to a participating Reward Partner program will be resolved by utu.

utu’s  failure to enforce a particular Term and Condition does not constitute a waiver of that Term or Condition by utu.

These Membership Terms and Conditions supplement the Terms & Conditions of the utu Tax Free Card.