1. What are Tune Box's Terms of Use?
1.1 The Rokki service (the "Service") is provided by Tune Box Sdn. Bhd. ("Tune Box", "we", or "us"). As part of the Service, Tune Box provides subscribers the access to selected Internet based applications. The access to service is granted through a mobile portal (the "Site") from where the subscribers will be required to log in to the Service.
1.2 This Terms of Use agreement ("Agreement"), and any other rules posted on the Site or in connection with the Service, including on login.rokki.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.
1.3 This Agreement is a legally binding agreement between you (the individual using the Service) and Tune Box. By proceeding to establish an Account (as defined below) or use the Service, you agree to be bound by the terms and conditions of this Agreement.
1.4 Please read the Agreement carefully before establishing an account 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 or your account 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
2.1 Generally
In order to use the Service, you must either (a) create a Service account ("Account") by registering on the Site or the Domain to become a registered user of the Service, (a "Registered User") or (b) become a Promotional User (as detailed below). From time to time, we may offer the opportunity to access the Service without creating an Account, as part of an advertised promotion ("Promotional Access"). If you gain Promotional Access to the Service, you are a "Promotional User" under this Agreement. Registered Users and Promotional Users shall collectively be referred to herein as "Users". The right to use the Service is personal to you as the Account holder or Promotional User and is not transferable to any other person.
2.2 Account.
By creating an Account, you represent and warrant that: (a) all registration information for your Account (including, but not limited to, your payment information) that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. When you register to establish an Account, you will also be asked to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, login name, or password of another User. You agree to notify Tune Box immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account.
2.3 Payment Methods.
Use of the Service requires payment. Tune Box currently accepts payment by cash, Visa, MasterCard or American Express. We also accept debit cards displaying the Visa or MasterCard logo. Tune Box also accepts gift cards, e-gift certificates, and promotional codes. See login.rokki.com for the terms and conditions governing gift cards, e-gift certificates, and promotional codes, which are incorporated into this Agreement by virtue of this reference.
2.4 Restrictions.
You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise or Service connection with anyone, or authorize any other individual or entity to use the Service via your Account or through your Promotional Access.
The Service may not be accessed simultaneously through multiple devices; only one compatible laptop, smartphone or other handheld device with WI-FI capability may be used at a time via your Account or Promotional Access to operate the Service. You agree that sharing the Service with another person or providing another person access to the Service through your Account or Promotional Access or any subscription product purchased by you breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies.
Your subscription to the Service shall only be available on a single flight destination and shall terminate upon arrival at the destination.
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. The Service shall not be available at or close to China or India (and any other jurisdiction that may have similar restrictions) territory due to the relevant countries’ regulation restriction.
2.5 Hardware Requirements.
2.5.1 You’ll need a compatible laptop, Smartphone or other handheld device with WI-FI capability to enable operation of the Service. These compatible devices shall be restricted to the compatible devices listed in the Domain and it is your responsibility to ensure that your device is a compatible device within the list. It is also your responsibility to make sure the device being used to connect to the Service has a WI-FI radio connection. You are responsible for any charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. The Service shall not be accessed simultaneously through multiple devices.
2.5.2 You are responsible for your device and/or device system used to access the Service, including ensuring that the device is secured with anti vires software. Tune Box shall not be responsible for any damages caused to the device and/or device system.
2.6 Additional Service.
Services in addition to the basic Service may be subject to additional terms. Tune Box 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.
2.7 Third Party Service.
The Service may allow you to access certain Internet Service and content 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 Tune Box 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. Term and Termination
3.1 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 Account is terminated as provided herein, (b) you discontinue your use of the Service, if you are a Promotional User, or (c) the Promotional Access period ends, if you are a Promotional User. You may terminate your Account at any time, for any reason via the Domain.
3.2 Tune Box reserves the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever.
3.3 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. Tune Box will not have any liability whatsoever to you for any termination of your Account or Service, or related deletion of your information. Tune Box may modify, suspend or discontinue the Service at any time, for any reason, at our sole discretion.
4. Fees and Charges
4.1 Generally. Fees paid for the Service are non-refundable. You agree to pay to Tune Box all applicable fees for the Service, including, but not limited to, the fee for the applicable subscription, taxes, and other charges levied by domestic or foreign governments. Tune Box reserves the right to change the fees from time to time in its sole discretion (see Price Adjustments, below).
4.2 Price Adjustments.
Tune Box may modify its prices at any time. If Tune Box modifies its price for any monthly subscription which renews automatically, Tune Box will 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.
4.3 Payment Dispute.
If you believe you have been incorrectly charged, you must notify us of such disputed charges within six (6) months from payment or you waive your right to dispute those charges. Please contact Tune Box Customer Care at login.rokki.com, so that we can review your account. Tune Box may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to Tune Box directly.
5. Proprietary Rights
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 Tune Box, or Tune Box’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. Acceptable Use and Conduct
6.1 Acceptable Use Policy.
You hereby agree and are responsible to comply with Tune Box’s acceptable use policy ("Acceptable Use Policy"), as described below.
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. You may only access the Services personally and for a non-commercial purpose in compliance with these Terms.
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 persons;
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; or
6.1.16 attempt to impersonate any other person, including any Tune Box employees.
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.
6.2 Breach.
Tune Box reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate Tune Box’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 or Promotional Access, reporting you to our other partners, or law enforcement authorities, and taking legal action against you.
6.3 Performance and Network Management.
As with 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 Tune Box system. Tune Box 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.
6.4 Limitations on Service.
Tune Box’s goal is to ensure that every user has a great experience. Given the limited bandwidth available from and to the plane, Tune Box 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.
Because of capacity limitations, the Service will not be able to perform in-flight file transfers or downloads of device updates or long-form media. As a result, Tune Box’s network management policies provide that video downloads from websites that primarily provide long-form content cannot be downloaded. Nor should the Service 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. Each subscriber will be allocated a data quota that may vary by offer, destination, plan and package. Once the data quota has been fully utilized, subscribers can still access the service at lower speeds or add on allocations by purchasing fresh plans. These network policies are designed to ensure that fair usage amongst all subscribers.
The Customers shall ensure that the relevant mobile application (Apps) are downloaded into the Customer’s device prior to using the Services in-flight. Tune Box 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.
6.5 Content.
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.
7. Privacy and Security
7.1 Privacy.
Use of the Service is also governed by our Privacy Policy at login.rokki.com, which is incorporated into this Agreement by this reference.
7.2 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, Tune Box 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. Tune Box 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. Tune Box recommends that sensitive or private information not be accessed via or transmitted over an un-encrypted connection.
7.3 Acknowledgement of Filtering and Restriction of Access to Pornography or Other Offensive or Objectionable Material.
You specifically acknowledge and agree that Tune Box 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 Tune Box or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable.
8. Disclaimers
The Service is provided "As-Is" and as available. Tune Box 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. Tune Box (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 Tune Box, Tune Box 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 Tune Box does not make any assurances or warranties relating to such risks. You acknowledge that Tune Box is not responsible for messages or pages lost or misdirected due to interruptions or fluctuations in the services or the Internet in general.
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 Tune Box 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 Tune Box makes no representations or warranties with respect to the Third Party Services.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation on Liability
In no event shall Tune Box 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 Tune Box has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tune Box’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 Tune Box in the six (6) months prior to the accrual of the claim, if any.
10. Dispute Resolution/Arbitration
It is Tune Box’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, Tune Box 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 Tune Box, you acknowledge and agree that you will first give Tune Box an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute via the Domain.
You then agree to negotiate with Tune Box 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 Tune Box’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
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 Tune Box’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 Tune Box and/or the applicable third party(ies).
Arbitration under this Agreement shall be conducted by the Kuala Lumpur Regional 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. 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.
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.
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. Indemnity
You agree to defend, hold harmless, and indemnify Tune Box, 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. General
12.1 Customer Care.
For any questions or concerns, Tune Box provides customer service via the Domain.
12.2 Jurisdictional Issues / Governing Law and Venue.
The Domain and the Service are controlled and operated by Tune Box from within the Malaysia. Tune Box 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.
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.
12.3 Assignment.
All or any of Tune Box’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 Tune Box’s assets. You may not assign or transfer this Agreement or any or all of your rights hereunder, without the prior written consent of Tune Box, and any attempt to do so is void.
12.4 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 Tune Box regarding the use of the Service. Tune Box’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, Tune Box and Airline and their heirs, administrators, successors and assigns.
12.6 Copyright/Trademark Information.
Copyright ©Tune Box. All trademarks are the property of their respective owners. The copyrights, trademarks, trade names, logos, and service marks ("Marks") displayed on the Service (including "Tune Box") are Tune Box’s property or the property of other third parties. You are not permitted to use these Marks without Tune Box’s prior written consent or the consent of such third party which may own the Marks.
12.7 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.
12.8 Notices.
Tune Box 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:
Tune Box Sdn Bhd; ATTN: Customer Support Manager Postal Address: B3-2-13 Solaris Dutamas No 1 Jalan Dutamas 50480 Kuala Lumpur, Malaysia
12.9 Survival. The provisions under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 will survive termination of this Agreement for any reason.