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Terms of Use

  1. What are airasia wifi’s Terms of Use?
    1. The airasia wifi service (the “Service”) is provided by ROKKI Sdn. Bhd. and/or its subsidiary companies and/or its associate companies (“airasia wifi”, “we”, or “us”). As part of the Service, ROKKII provides its users the access to selected Internet based applications, such as WiFi connectivity (to enable services such as instant messaging) (“IFC”) and provision of other inflight services provided in the platform managed by ROKKI(“Inflight Services”) which shall include Inflight Entertainment Services (“IFE”) and Inflight Shopping Services (“ISS”). The access to the Service is granted through a mobile portal (the “Site”) from where the users will be required to log in to the Service.

    2. This Terms of Use agreement (“Agreement”), and any other rules posted on the Site or in connection with the Service, including on wifi.airasia.com (the “Domain”), sets forth the legally binding terms for your use of the Service. If you are an individual using the Service on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.

    3. This Agreement is a legally binding agreement between you (the individual using the Service) and ROKKI. By proceeding to register on airasia wifi Portal or use the Service, you agree to be bound by the terms and conditions of this Agreement.

    4. Please read the Agreement carefully before registering on airasia wifi Portal or using the Service. This Agreement includes an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the site, the domain or the Service to binding individual arbitration rather than proceeding in court. If you want to opt-out of this mandatory arbitration agreement, the dispute resolution/arbitration provision below describes the procedures you must follow to do so. The dispute resolution/arbitration provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action.

  2. Use of the Service
    1. Generally

      2.1.1 In order to use the Service, you must;

      (a) connect to the In-Flight Wi-Fi (“Free AirAsia WiFi”) available on board certain aircraft within the control of by the AirAsia Group of Companies; 

      (b) access the Domain whilst connected to the airasia wifi; and

      (c) access the airasia wifi Portal.

      2.1.2 Registered Users and users who do not register, but are using the Services through other means shall collectively be referred to herein as “Users” or “you”. The right to use the Service is personal to you and is not transferable to any other person.

    2. 2.2 Registration by User

      2.2.1 Any User will be able to access the airasia wifi Portal. In the event a User is a Big Member, the User may be able to sign-in using his/her AirAsia Big Loyalty membership (“Account”), for the purposes of ease in payment and to enjoy Big points related promotions (if applicable). 

      2.2.2 By accessing the airasia wifi Portal, you represent and warrant that: 

      (a) all registration information (including, but not limited to, your payment information) that you submit is truthful and accurate;

      (b) you will maintain the accuracy of such information;

      2.2.3 By accessing the airasia wifi Portal, you agree:

      (a) not to register or use another User’s registration;

      (b) to notify airasia wifi immediately if you suspect any unauthorized use of registration on the airasia wifi Portal; and

      (c) you are solely responsible for maintaining the confidentiality of your Account details, and for any and all use of your Account (including, without limitation, any fees that accrue for any use of the Services).

    3. Restrictions.

      2.3.1 You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise or authorize any other individual or entity to use the Service via your registration on airasia wifi Portal.

      2.3.2 The Service may only be accessed in the manner set out in this Agreement. You agree that sharing the Service with another person or providing another person access to the Service through your Account or any subscription product purchased by you breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies.

      2.3.3 Your subscription to the Service shall only be available on a single flight destination and shall terminate upon arrival at the destination.

      2.3.4 The Service that is purchased, or provided free-of-charge can only be used while the aircraft is above 10,000 feet and is within range of the network and shall not be available at below 10,000 feet. 

      2.3.5 The Service shall not be available in certain territories (e.g. India, North Korea, and any other jurisdictions that may have similar regulatory restrictions). 

      2.3.6 The Service shall only be accessed once the flight attendant makes an announcement of the availability and your usage shall be discontinued once the flight attendant makes the announcement to discontinue the Services. 

    4. Hardware Requirements.

      2.4.1 You’ll need a compatible handheld device with WI-FI capability to enable operation of the Service. These compatible devices shall be restricted to mobile phones running Android or IOS mobile operating systems. It shall be your responsibility to 

      (a) ensure that your device is a compatible device before using the Service;.

      (b) make sure the device being used to connect to the Service has a WI-FI connection; and 

      (c) pay for any charges associated with the device and the use of the device. 

      2.4.2 You are responsible for your device and/or device system used to access the Service, including ensuring that the device is secured with anti-virus software. ROKKI shall not be responsible for any damages caused to the device and/or device system.

    5. airasia wifi Services

      2.5.1 airasia wifi Connectivity Plan

      (a) The IFC Service is a service that provides Internet access for the purposes of Instant Messaging, Social Media mobile applications, video streaming and internet browsing. The availability of the type of internet access shall differ according to the type of plans purchased by the User. To use the service, a User would be required to access the Domain through the Site.

      (b) A User may only use one compatible, smartphone or other handheld device with WI-FI capability at a time.

      2.5.2 Inflight Services

      (a) The Inflight Services shall be continually updated and tested. Testing will involve various aspects of our Inflight Services, including the website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, such works relating to platform shopping and merchant materials, delivery and/or pricing. We reserve the right to, and by using our Inflight Services, you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.

      (b) You agree to use the airasia wifi Inflight Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content, materials and/or information contained on or obtained from or through the airasia wifi Service without express written permission from ROKKI wifi and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the airasia wifi Service; use any robot, spider, scraper or other automated means to access the airasia wifi Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the airasia wifi Service; insert any code or product or manipulate the content of the airasia wifi Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the airasia wifi Service, including any software viruses or any other computer code, files or programs.

      (c) The availability of the Inflight Services will change from time to time, and from country to country. You are responsible for all internet access charges and other applicable charges, where relevant. ROKKI makes no representations or warranties about the quality of the Inflight Services on your display.

      (d) Inflight Services software is developed by, or for, ROKKI. This software may vary by device and medium, and functionalities may also differ between devices.

      2.5.3 Additional Inflight Shopping Services User Conditions

      (a) The Inflight Shopping Services is an online shopping platform, which provides the User with an inflight shopping experience. The price and style of each merchandise in ISS, are subject to change without prior notice.

      (b) ISS is accessible through the airasia wifi portal. If the User wishes to purchase an item on ISS (for the purposes of clarity, User who has successfully purchased an Item on ISS shall be referred to as a “Customer”), the Customer shall be required to complete a designated form online by filling in their personal details. The Customer agrees to submit accurately any information required by ROKKI, including but not limited to, credit card details, flight details (including flight number, date and time of travel, and airline), delivery address, collection details and the name of recipient. ROKKI shall in no way be responsible for any loss of delivery items or any other loss resulting from any incorrect information supplied by the Customer.

      (c) Users must be aged eighteen (18) years or above and possess a valid credit or debit card to make purchases in ISS.

      (d) All orders are subject to acceptance by ROKKI and the Vendor (the Party who is the owner of the items and/or services being sold on ISS), and are dependent on the availability of the items and/or services.

      (e) ROKKI reserves the right to refuse the processing of any order before it is confirmed.

      (f) ROKKI shall acknowledge orders placed by the Customer on ISS by way e-mailing an order summary to the said Customer. The order summary shall detail the list of items ordered, and the total cost of the items.

      (g) The delivery of any items ordered shall be the responsibility of the Vendor. ROKKI shall not be responsible or liable in relation to the delivery of the items ordered by the Customer.

      (h) In the event there are any taxes to be paid by the Customer on collection of the item and/or services purchased in the country of delivery (which shall include, but is not limited to custom taxes and/or duties), all such taxes shall be borne by the Customer. ROKKI shall in no way be liable for any refunds, should the Customer refuse to pay for any of the abovementioned taxes. The Customer accepts the risk of not receiving the items ordered in the event the Customer does not pay for the relevant taxes, and in the event the items are not recoverable by the Vendor or ROKKI, no refunds shall be given to the Customer.

      (i) ROKKI shall not be liable for any delay in any shipment, delivery or collection of any item.

      (j) Warranty terms are dependent on the Vendors of the respective items and/or service, and therefore differ from item to item or service to service. Where available, any warranty terms and conditions shall be made available upon viewing an item. ROKKI does not guarantee that item and/or services description, price, and other content of this site are complete, accurate, reliable, current, or error-free.

      (k) Under no circumstances shall ROKKI be liable for any damage caused by any item and/or services or failure of such item and/or services to perform, whether or not advised of the possibility of such damage, and regardless of the theory of liability pursuant to which such damage may be sought.

      (l) If you wish to exchange, or return for a refund, a pre-ordered items which is faulty or otherwise damaged when you receive it, you can do so by visiting the Domain, and completing the Form located at https://www.wifi.airasia.com/contact. The final decision on whether an item is refundable shall be with ROKKI. Any refund request by the User must be made within thirty (30) days from the time of delivery of the goods.

      (m) All representations made in relation to the item and/or services paid for, shall be representations made by the merchant of the item and/or services and not by ROKKI. The merchant shall solely be liable to you for any misrepresentations made of the item and/or services, and any claims you might have in relation to the item and/or services shall be against the merchant, and not ROKKI. ROKKI only provides the platform services to the merchant for the merchant to upload its materials.

      (n) ROKKI reserves the right, at its sole discretion to change how it operates the Service in accordance with any applicable laws. 

    6. Additional and/or Future airasia wifi Services.

      Services in addition to the basic Service mention above, may be subject to additional terms. ROKKI will inform you of any such additional terms when you sign up for such additional services. Except as otherwise provided by such additional terms, any additional services will be considered part of the Service and are subject to the terms of this Agreement.

    7. Third Party Service.

      The Service may allow you to access certain Internet Service and content/materials that is provided by third parties for which you may have a separate relationship directly with such third parties (“Third Party Services”). You agree that ROKKI shall bear no responsibility for such Third Party Services or your continued access to them via the Service. You are responsible for any fees for Third Party Services that result from your access to or use of them. You hereby represent and warrant that you have the necessary rights to access and use such Third Party Services through the Service and that your use of the Third Party Services is in compliance with the terms of use applicable to such Third Party Services.

  3. 3. Term and Termination
    1. This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until (a) your use or access to the airasia wifi Portal or Account is terminated as provided herein, (b) you discontinue your use of the Service. You may terminate your Account at any time, for any reason via the Domain.

    2. ROKKI reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.

    3. You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. ROKKI will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information. ROKKI may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.

  4. 4. Payment Methods and Payment Terms
    1. Generally.

      4.1.1 There may be chargeable fees on certain Services. Fees paid for these chargeable Services, are non-refundable. You agree to pay to ROKKI all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription, taxes (including government service tax), and other charges levied by domestic or foreign governments (which may vary from country to country).

      4.1.2 In the event an item is returned to a merchant by the Buyer or through no fault of ROKKI and/or the Merchant, the Buyer shall be responsible for such return cost. ROKKI reserves the right to change the fees from time to time in its sole discretion (see Price Adjustments, below). As the User/Customer, you may also be subject to fees or charges (including, without limitation, cross-border fees and foreign currency conversion fees) levied by third parties (including, without limitation, the bank that issued your payment card), which may be charged based on one or more factors, including, without limitation, the payment card issuing bank’s country of origin and the currency in which your payment card is denominated.

    2. Payment Methods and Terms

      4.2.1 Use of the Service may require payments, and where payments are required, ROKKI currently accepts or will in the near future accept payment by cash, selected cards (User may check airasia wifi Portal for further details) and in the near future e-wallet (User may check airasia wifi Portal for further details).

      4.2.2 ROKKI is in no way responsible for any credit card or other payment methods allowed as may be carried out pursuant to the Service and any errors in processing payment, payment disputes and/or any other payment related matters pursuant to the Service shall be referred by the User directly with the respective bank(s) issuing the credit card(s).

      4.2.3 ROKKI may require the User to submit information from time to time pursuant to the Service (which may include financial information and credit card details) and such information and details may (subject to any obligations of confidentiality) be made available by ROKKI to third parties (such as banking institutions) for the purposes of facilitating the provision of the Service;

      4.2.4 The use of promotional codes on airasia wifi allows the User to redeem certain promotional offers (or in certain cases, other authorised third parties) while on board an airasia wifi enabled flight. Such promotional codes can consist of alphanumerical sequences which are released by ROKKI via certain promotional media (including but not limited to e-mails, coupons, and advertisements). All promotional codes are subject to the following terms:

      (a) the promotional codes shall be usable for certain parts of the Service;

      (b) the promotional codes may only be redeemed during the specific promotional period as described in the terms and conditions for those promotional codes (or any promotional media that may be used by ROKKI), or any other period as may be decided at ROKKI’s discretion;

      (c) the promotional codes can be redeemed by entering the code in the space provided for promotional codes on the Site, and clicking “Apply”.

      (d) the promotional codes cannot be redeemed for cash, and can only be used in accordance with the terms and conditions of each individual promotion;

      (e) refunds are not applicable for the promotional codes.

    3. Price Adjustments.

      ROKKI may modify its prices at any time. If ROKKI modifies its price for any monthly subscription which renews automatically, ROKKI will, where possible, give you notice of the new prices at least fourteen (14) days before the beginning of the renewal term in which the prices will be effective.

    4. Payment Dispute.

      If you believe you have been incorrectly charged, you must notify us of such disputed charges within thirty (30) days from the date of payment, or you waive your right to dispute those charges. ROKKI may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to ROKKI directly.

    5. Issuance of Order Summary and Receipt

      4.5.1 For IFC Service - Upon ROKKI receiving full payment from the User, ROKKI shall issue a receipt for IFC Service purchased by the User.

      4.5.2 For ISS Service – ROKKI shall issue an order summary to the Customer for any purchase under the ISS, upon ROKKI receiving full payment from the User.

      4.5.3 In the event the Customer has not furnished ROKKI with a valid and accurate e-mail address, ROKKI shall not be responsible for the issuance of the order summary or receipt (where applicable) to the Customer. The onus is on the User to ensure that the email address is valid and accurate.

    6. Sales and Service Tax

      The User shall bear all Government taxes, levies and other costs imposed by law in relation to the provision of the Service by or through airasia wifi. In particular, where Sales and Service Tax (“SST”) is applicable to ROKKI, as the supplier, ROKKI is entitled to charge the SST payable to the Government on the Service.

  5. 5. Proprietary Rights
    1. You acknowledge that all the intellectual property rights in the Service and the underlying technology, and all content on the Site and the Domain are owned by ROKKI, or ROKKI’s licensors. All rights not expressly licensed are reserved. You agree not to reproduce (except to view content on the Site and the Domain for your personal purposes), reverse engineer, modify, or create derivative works based on, the Service, Site or Domain content. Except as expressly permitted under this Agreement, you agree not to rent, lease, loan, or sell access to the Service or provide the Service to any third party on a service bureau or time sharing basis or otherwise.

  6. 6. Acceptable Use and Conduct
    1. Acceptable Use Policy.

      You hereby agree and are responsible to comply with ROKKI’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):

      6.1.1 harm or threaten harm to persons or property or any act of terrorism;

      6.1.2 harass other persons;

      6.1.3 violate any applicable law, including those related to export control, spam, gambling, obscenity or service or network access;

      6.1.4 engage in any fraud or misrepresentation;

      6.1.5 provide instructional information about illegal activities;

      6.1.6 interfere with, disrupt, or create undue burden on the Service (or the networks or devices that provide same);

      6.1.7 infringe or violate another person’s rights, including privacy and intellectual property rights;

      6.1.8 allow another person who has not paid for the Service to access or use the Service on his/her device through your device;

      6.1.9 allow another person to access the Service using your Account.

      6.1.10 display offensive content on your device, in view of another person;

      6.1.11 knowingly distribute any virus or other malware;

      6.1.12 access any network or device (including those providing the Service) in excess of the permission expressly granted to you;

      6.1.13 monitor any network traffic without express authorization of the owner of the network and the parties’ to the communications;

      6.1.14 attempt to decrypt any encrypted or scrambled communications;

      6.1.15 introduce software or automated agents into the Service;

      6.1.16 attempt to impersonate any other person, including any ROKKI employees; or

      6.1.17 directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other marked proprietary notices or any digital rights management mechanism, device, or other connectivity protection or access control measure associated with the Services including geo-filtering mechanisms.

    2. Breach.

      ROKKI reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate ROKKI’s’ Acceptable Use Policy or any other provision of this Agreement. Such action may include, without limitation, refusing to provide access to and use of the Service to you, terminating your Account, reporting you to our other partners, or law enforcement authorities, and taking legal action against you.

    3. Performance and Network Management.

      6.3.1 In relation to IFC services i.e. the airasia wifi Connectivity Plan, the inflight connectivity network, speed may vary due to various reasons which may include atmospheric conditions, network capacity, service provider’s delivery, your usage has exceeded the allocated data quota, your device and the number of users on the system at the time and aircraft location. Service is available only when it is within the operating range of the airasia wifi system. airasia wifi coverage locations and maps are subject to change at any time without notice. Actual Service coverage, speeds, locations, and quality may vary and is not guaranteed. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed.

      6.3.2 For Inflight Services, the quality of the display of the content, shopping materials, streaming movies and TV shows may vary from computer to computer, and device to device. HD content is subject to your Internet service and device capabilities. Not all content is available in HD or Ultra HD and not all plans allow you to receive HD or Ultra HD content.

    4. Limitations on Service.

      6.4.1 ROKKI’s goal is to ensure that every user has a great experience. Given the limited bandwidth available from and to the plane, ROKKI sets limits on your use of the Service for certain applications to ensure the best performance for the most users. The Service is primarily designed for access to selected Internet based applications.

      6.4.2 The Service may not be able to perform in-flight file transfers or downloads of device updates or long-form media due to but not limited to technical reasons or other limitations. As a result, ROKKI’s network management policies disallows video downloads and/or streaming from websites. The Service shall also not be used to download movies from peer-to-peer file sharing services, redirect television programs for viewing on personal devices, for web broadcasting, or to operate a server or telemetry devices.

      6.4.3 As for airasia wifi Connectivity Plans, each User will be allocated a data quota that may vary by offer, plan and package. Once the data quota has been fully utilized, the User can still access the IFC Service at lower speeds or add on allocations by purchasing fresh plans. These network policies are designed to ensure fair usage amongst all Users.

      6.4.4 The Customers shall ensure that the relevant mobile application (Apps) are downloaded into the Customer’s device prior to using the Services in-flight. ROKKI shall not be liable for any claims in the event of the Customer is not able to access the Apps due to improper, incomplete download or register the Apps.

    5. Content.

      6.5.1 We are not a publisher of third-party content accessed through the Service, and are not responsible for the content, accuracy, timeliness, or delivery of any opinions, advice, statements, messages, services, graphics, data, or any other information provided to or by third parties as accessible through the Service or Third Party Services.

      6.5.2 The content on the Service may change from time to time, and from country to country, depending on the availability of such content in accordance with any applicable laws.

      6.5.3 ROKKI makes no representations or warranties that any or all of the content is appropriate or lawful in any countries outside of Malaysia.

  7. 7. Privacy and Security
    1. Privacy.

      Use of the Service is also governed by our Privacy Policy at https://wifi.airasia.com, which is incorporated into this Agreement by this reference.

    2. Security.

      The connection through which you purchase the Services is an SSL-encrypted link. However, following such purchase, due to multiple users of our inflight Wi-Fi access point, ROKKI does not provide an encrypted communication channel (Wired Equivalency Protection known as “WEP”) or (Wi-Fi Protected Access known as “WPA”) between our in-flight Wi-Fi access point and your device. SSL-encrypted websites or pages, typically indicated by “https” in the address field and a “lock” icon, can also generally be securely accessed through the Service. You should be aware, however, that data packets from un-encrypted Wi-Fi connections can be captured by technically advanced means when they are transmitted between a user’s device and the Wi-Fi access point. You should therefore take precautions to lower your security risks. ROKKI recommends that you follow good security practices, such as ensuring that file-sharing is not enabled while accessing the Internet and that devices have firewall and other protection against malware. ROKKI recommends that sensitive or private information not be accessed via or transmitted over an un-encrypted connection.

    3. Acknowledgement of Filtering and Restriction of Access to Pornography or Other Offensive or Objectionable Material.

      You specifically acknowledge and agree that ROKKI may, as a necessary incident of providing the Service, or as required or permitted by law, by law enforcement authorities or by the host airline, or as hereby expressly contemplated by this Agreement, use any advanced blocking technologies and other technical, administrative or logical means available to it, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions on use set forth in this Agreement, including, but not limited to, those activities that may subject ROKKI or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable.

  8. 8. Disclaimers
    1. The Service is provided “As-Is” and as available. ROKKI and its service providers, partners, and affiliates expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. ROKKI (and each of its service providers) makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; (c) the Service will allow access to all third-party sites; (d) the Service will be any particular speed or allow any particular application or service; or (e) the results that may be obtained from the use of the Service will be accurate or reliable. Except for certain services and products specifically identified as being offered by ROKKI, ROKKI does not control any materials, information, products, or services on the Internet, some of which may be offensive to you. You assume full responsibility for assessing and evaluating the completeness, accuracy, and usefulness of all such materials, information, products, or services, and their merchantability and quality. You expressly acknowledge that there are certain security, confidentiality, and privacy risks inherent in wireless communications and technology and use of inflight Internet access, and ROKKI does not make any assurances or warranties relating to such risks. You acknowledge that ROKKI is not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general.

    2. You acknowledge that the third parties that provide the Third Party Services may, at any time, change the means by which the Third Party Services are accessed, and consequently, your ability to use the Service to facilitate your access to any Third Party Services may be temporarily or permanently disabled. You agree that ROKKI shall have no responsibility or liability to you whatsoever in relation to the Third Party Services or continuing access to the Third Party Services, and that ROKKI makes no representations or warranties with respect to the Third Party Services.

    3. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  9. 9. Limitation of Liability
    1. In no event shall ROKKI be liable to you or any third party for any lost profit or any direct or indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Service, even if ROKKI has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ROKKI’s liability (including, but not limited to its partners and affiliates) to you for any damages arising from or related to your use of the Service (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amounts you paid to ROKKI in the six (6) months prior to the accrual of the claim, if any.

  10. 10. Dispute Resolution/Arbitration
    1. It is ROKKI’s goal that the Service meet your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, ROKKI is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with ROKKI, you acknowledge and agree that you will first give ROKKI an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute via the Domain.

    2. You then agree to negotiate with ROKKI in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after ROKKI’s receipt of your written description of it, you agree to the further dispute resolution provisions below.

    3. You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Service or this Agreement, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate ROKKI’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by ROKKI and/or the applicable third party(ies).

    4. Arbitration under this Agreement shall be conducted by the Asian International Arbitration Centre. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.

    5. You have a right to opt-out of this arbitration agreement. If you do not agree to this provision with regard to a particular interaction with the service, then within thirty (30) days from the date of such interaction, you may opt-out of this part of the agreement via the Domain. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.

    6. To the fullest extent permitted by applicable law, no arbitration or other claim under this Agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former use of the site, the domain or the services, and no class arbitration proceedings shall be permitted.

    7. In no event shall any claim, action or proceeding by you related in any way to the Site, the Domain, the Service, or these Terms and Conditions, be instituted more than six (6) months after the cause of action arose.

  11. 11. Indemnity
    1. You agree to defend, hold harmless, and indemnify ROKKI, its parent, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from your breach of any provision of this Agreement.

  12. 12. General
    1. Customer Care.

      For any questions or concerns, ROKKI provides a customer feedback service via the Domain and https://wifi.airasia.com/contact.

    2. Jurisdictional Issues / Governing Law and Venue.

      12.2.1 The Domain and the Service are controlled and operated by ROKKI from within Malaysia. ROKKI makes no representations or warranties that the content or materials of the Service are appropriate or lawful in any countries outside Malaysia, or that this Agreement complies with the laws of any other country. Those who choose to access the Service from locations outside Malaysia do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

      12.2.2 This Agreement shall be governed by the laws of Malaysia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree that any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved under Section 10 of this Agreement (Dispute Resolution / Arbitration) must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Malaysia, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.

    3. Assignment.

      All or any of ROKKI’s rights and obligations under this Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of ROKKI’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of ROKKI, and any attempt to do so is void.

    4. Entire Agreement; No Waiver.

      This Agreement (which includes the Privacy Policy and any other rules posted on the Site and the Domain) constitutes the entire agreement between you and ROKKI regarding the use of the Service. ROKKI’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement shall inure to the benefit of you, ROKKI and Airline and their heirs, administrators, successors and assigns.

    5. Copyright/Trademark Information.

      Copyright ©airasia wifi or ©ROKKI or ©airasia. All trademarks are the property of their respective owners. The copyrights, trademarks, trade names, logos, and service marks (“Marks”) displayed on the Service (including “airasia wifi”, “airasia”, “ROKKI”) are ROKKI’s property or the property of other third parties. You are not permitted to use these Marks without ROKKI’s prior written consent or the consent of such third party which may own the Marks.

    6. Notice and Procedure for Making Claims of Copyright Infringement

      If you believe that any work exhibited on the Service has been copied in a way that constitutes copyright infringement, please contact us through our Domain and provide us with the following information;

      (a) a description of the copyrighted work that you believe has been infringed upon;

      (b) a description of where the material that you believe is infringing is located on the site;

      (c) your name, address, telephone number, and e-mail address;

      (d) specify your interests or rights in the property that you believe has been infringed;

      (e) specify (if possible) the date and time when the alleged infringement occurred, or the date on which you discovered the perceived infringement. ;

      (f) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

      (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

      Please note that the procedure specified in Clause 12.6 above is exclusively for notifying ROKKI that your copyrighted material has been infringed.

    7. Amendments.

      We reserve the right to change, modify, or amend this Agreement from time to time to reflect changes in our policies and practices. You are encouraged to review this Agreement periodically and to check the “Last Updated” date at the bottom of this Agreement for the most recent version. Any changes, modifications, or amendments shall be effective immediately. By continuing to use the Service following the posting of changes, modifications, or amendments to this Agreement, you agree to and accept those changes, modifications, and amendments.

    8. Notices.

      ROKKI may give legal notice to you by means of a general notice on the Service, electronic mail to your email address on our records for your Account, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record for your Account. All legal notices given by you shall be mailed to:

      ROKKI Sdn Bhd;
      ATTN: Customer Support Manager

      Postal Address: AirAsia RedQ, Jalan Pekeliling 5,
      Lapangan Terbang Antarabangsa Kuala Lumpur (klia2)
      64000, KLIA, Selangor.

    9. Survival Clause and Prevailing provisions.

      The provisions under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 will survive termination of this Agreement for any reason.

Where there is any conflict in the interpretation or translation of any of the terms and conditions contained in this document, the terms and conditions in the English language version, as published on www.wifi.airasia.com shall prevail over any and all other versions.

Last updated 17 November 2020