airasia chat Terms and Conditions
- These terms and conditions (“Terms and Conditions”) shall govern your usage of airasia chat feature (“AirAsia Chat”) on www.airasia.com and the airasia.com mobile application (collectively known as “Platform”) shall be the legally binding document between you and AirAsia Com Travel Sdn Bhd (“AACom”, “us”, “our”, “we”).
- AirAsia Chat is operated by AACom and hosts a variety of chat rooms with different functions and features. These chatrooms (except one-on-one private chat rooms) may be moderated, monitored, screened or filtered by us. AirAsia Chat adopts the TLS/SSL protocol in transmitting the Contents (hereunder defined) posted, shared and uploaded by you in the chatrooms in accordance with AES256 and are stored in dedicated server(s) of AACom or its service providers.
- By accessing AirAsia Chat, you are deemed to have read, understood and expressly agreed to be bound by these Terms and Conditions, as well as the Term of Use and Privacy Statement of the Platform which may be amended and revised from time to time. In addition, you will also abide by any guidelines or rules, which may be posted on AirAsia Chat from time to time.
- By agreeing and accepting these Terms and Conditions, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to useAirAsia Chat This license is for the sole purpose of enabling you to use AirAsia Chat in the manner permitted by these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you here.
- We may modify, suspend, or terminate your access to or use of AirAsia Chat anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate these Terms and Conditions or create harm, risk, or possible legal exposure for us, our users, or others.
- There are various types of chat rooms available in AirAsia Chat, and each of these chat rooms are equipped with different functions and features. We reserve the right to create, modify and remove features of a chatroom and/or the chatroom(s) itself at any time for any reason without notice.
a) Flight-Based Chatroom
- This chatroom is created for passengers of a flight number on a specific date. You will automatically be added into this Flight-Based Chat Room fifteen (15) days prior to your scheduled flight departure.
- In this chat room, you will be able to receive updates and information pertaining to your flight, including but not limited to check-in reminders, flight delays and flight cancellation. You may also start interacting and communicating with other passengers of the same flight in this chat room in a group-chat format.
- By accessing and continuing to use this chatroom, you are deemed to have expressly agreed to receive any promotions relevant to your flight destination such as hotels, activities, transportation and ancillary add-ons. Should you choose not to be a part of this chatroom, you have the option to exit from this chatroom and/or to disable push-notifications.
b) Community and Channel Chatrooms
The channel chatroom is a one-way subscription based
communication tool for you:
- to be updated with any latest deals, promotions and information of a particular location; and
- to receive the latest updates and information regarding a specific topic of interest.
- The community chatroom is a two-way subscription based communication tool that acts as an open forum for you and other users to exchange information and opinions based on a certain location.
- By subscribing and continuing to use these chatrooms, you are deemed to have expressly agreed to receive such deals, promotions and information of a particular location and updates and information regarding a specific topic of interest.
c) One-on-One Chat Room
- This private chatroom enables you to start direct and one-on-one interaction and communication with another user on a one-on-one basis by sending an invitation to initiate the chat.
- You may initiate an engagement to chat one-on-one by sending a request to chat but you can only start interacting and communicating with the other user once the request is accepted.
- Due to the potentially high volume of One-on-One chats taking place as well as to protect the privacy of users, these chat rooms are not monitored, moderated and screened by us. By accepting the request to chat, you are deemed to have accepted these Terms and Conditions; including the provisions governing Your Conduct below.
- You have to be an AirAsia member and have created a profile as an AirAsia member before you can access airasia chat and join a chatroom. You can register to be an AirAsia member and create your profile here.
- You are required to provide certain Information to become an AirAsia member and create a profile such as your name, email address, mobile phone number, profile or nickname, picture and such other information necessary/required (“Information”).
- The Information you provide must be:
- true, accurate, current and complete at the point of registration to be an AirAsia member; and
- maintained and updated in order to keep it true, accurate, current and complete at all times
- AirAsia Chat may contain comments sections, discussion forums, or other interactive features in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively referred to as the “Contents”). You are solely responsible for your use of AirAsia Chat. You agree and accept to use AirAsia Chat at your own risk. You warrant that you have reached the age of majority in the territory in which you reside in when accessingAirAsia Chat.
- By accessing AirAsia Chat and uploading, submitting, storing, sending your Information and Contents through AirAsia Chat, you automatically grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, publish, reproduce, modify, adapt, edit, translate, distribute, display, perform, create derivative works from, incorporate into other works, or to be used to provide you with location-based services such as search results and marketing content, without payment to you and any third parties. Additionally, to the fullest extent permitted under applicable laws, you waive your moral rights in the Contents and agree not to assert such rights against us. The rights you grant in this license are for the purpose of operating and providing AirAsia Chat to you including but not limited to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers as we try to deliver them and for any analytical and research purpose.
- The burden of determining that any Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you.
You agree to abide and be bound by the following code of conduct when accessing
and using AirAsia Chat:
- Not to bully, intimidate, or harass someone else;
- Not to post Contents that are hateful, threatening, pornographic, incites violence, or contains nudity, foul language, or graphic or gratuitous violence, or unlawful, misleading, malicious, or discriminatory;
- Not to make, post or distribute statements that are libellous or defamatory or otherwise infringes or violates someone else's rights or violates the law;
- Not to promote or conduct commercial solicitation or post any commercial communications to sell or offer to sell any goods and services of any nature;
- Not interfere with or disrupt AirAsia Chat, its platform or the servers or networks connected to AirAsia Chat, or disobey any requirements, procedures, or policies connected to OurChat;
- Not reproduce, post on social media platforms, duplicate, copy, sell, resell or exploit for any purpose, any portion of AirAsia Chat, use of AirAsia Chat, or access to AirAsia Chat;
- Not to promote or engage in any activity that would constitute a criminal offense or give rise to a civil liability;
- Not impersonate any person or entity, including, but not limited to, any of our employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
- Not to post someone else’s personal or confidential information, invade or interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of AirAsia Chat or posting private information about a third party.
- In providing you AirAsia Chat, you further undertake and agree to us that you:
- will never access (or attempt to access) AirAsia Chat by any means other than through the interface provided by us;
- will not reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of AirAsia Chat;
- will not do anything to interfere with or disrupt any features and functions of AirAsia Chat and its applicable platform ;
- will not use or direct another to use any technology, service or automated system to post more Contents than an individual could upload in a given period of time;
- are solely responsible for any breach of your obligations under this Terms and Conditions and the consequences of any such breach;
- are solely responsible for your Contents;
- shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of AirAsia and AirAsia Chat or take any other action which infringes or impairs AirAsia's trademark rights;
- do not reproduce, redistribute or use in full or in parts Contents from AirAsia Chat.
- We provide AirAsia Chat on a "as is" basis, in that we disclaim all warranties or conditions of any kind, including both expressed as well as implied ones. Although we will make every effort to keep AirAsia Chat up and running, it may be unavailable at times. We do not warrant or ensure the continuous availability of AirAsia Chat. To the fullest extent permitted under law, we will have no obligation or liability to you for or with respect to your use or access of AirAsia Chat.
If, notwithstanding the limitation of liability provision contained herein, a court of
competent jurisdiction finds us to be liable, then, the total aggregate liability of us
and our affiliate companies for all claims in connection with these Terms and
Conditions and AirAsia Chat will be limited to the greater of the following amounts:
(a) the amount that you have paid to us for your use of AirAsia Chat, three (3)
months preceding the date of the related claim; and (b) RM100. To the extent
permitted by law, in no event will we or any of our affiliate companies be liable for
any of the following:
- in connection with these terms or AirAsia Chat, for any damages or losses caused by (i) any computer virus, Trojan horse, malware or hackers; (ii) any malfunction or failure or our or your software, system, hardware or connectivity to data; (iii) improper or unauthorised use of AirAsia Chat; (iv) any reason beyond our reasonable control or predictability; or (v) failure to save or back up any data or content;
- any loss arising from any content, programs or services provided by any party other than us (or our affiliates);
- any loss or damage which are not foreseeable, indirect, special, consequential, exemplary or punitive damages or losses.
You agree to defend, indemnify, and hold us harmless from and against all
liabilities, damages, losses, and expenses of any kind in connection with any of the
following. Further, you will provide full cooperation as required by us in the defense
or settlement of any Claim relating to/arising from:
- your access to or use of AirAsia Chat, including information provided in connection therewith; or
- your breach or alleged breach of our Terms and Conditions; or
- any misrepresentation made by you; and
- infringement and violation of any intellectual property rights belonging to a 3rd party by you.
- We may from time to time provide updates to the AirAsia Chat software, which may occur automatically or manually. Please note that the AirAsia Chat software may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will provide any updates for any AirAsia Chat software, or that such updates will continue to support your device or system.
- We have the right to review, flag, filter, modify, refuse or remove without notice any or all Contents, to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized request. The decision by us to monitor and/or modify Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of the chatrooms on AirAsia Chat.
- We are not responsible for the accuracy or credibility of any Contents, and do not take any responsibility or assume any liability for any actions you may take as a result of reading Contents posted on AirAsia Chat.
- There may be, from time to time, third party content, programs and/or services on AirAsia Chat that are subject to further terms from that third party for examples, terms from the relevant third party that originally produced or created such content or service and terms in relation to promotional activities being held on AirAsia Chat. You are solely responsible for reviewing and complying with any such third party terms and conditions.
- These Terms and Conditions will be governed by the laws of Malaysia, without regard to or application of conflicts of law rules or principles, and you hereby consent to the exclusive jurisdiction of the courts located in Kuala Lumpur with regard to any dispute arising out of or related to these Terms and Conditions.
- This Terms and Conditions was originally written in English. To the extent any translated version of this Terms and Conditions conflicts with the English version, the English version shall prevail and be given full effect.