Last Updated on 10 December 2022
AirAsia (India) Pvt. Ltd. (“AirAsia India”) enables its end users (‘you’ or ‘your’ or ‘yourself’) to access the partner digital applications in an offline mode, when the user is in flight via the platform under the name of “AirFlix”, which includes websites, apps and other platforms (‘Platform’ or ‘Services’).
The Platform and Services, made accessible under the name of AirFlix, are provided by Margo Networks Private Limited, a company incorporated under the Companies Act, 2013 in India with CIN ‘U74999MH2016PTC284879’ and having its registered office at DEVX, 7th Floor, A Wing, Dynasty Business Park, Commercial Premises Co-operative Society Ltd., Andheri-Kurla Road, Andheri-East, Mumbai – 400065 (hereinafter referred to as the “Service Provider”).
AirAsia India does not own or operate the Platform or Services and is only acting as an enabler for its customers to access and use the Platform and Services. AirAsia India and Service Provider are neither an OTT player nor an e-commerce player and is not responsible for providing, setting or controlling the prices applicable to, any of the options or products which you find, subscribe or purchase via our Services (“Third Party Products and Services”). All such Third-Party Products and Services are provided by independent digital app partners or other third parties (“App Partners”) and are subject to the terms and conditions of those third parties.
You are responsible for safeguarding the password or credentials that You use to access the Services and for any activities or actions under Your account. We encourage You to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with Your account and with other accounts that You may connect to Your account (such as Your social media account or Your email). AirAsia India or the Service Provider cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
You have read this section carefully since it limits the liability of AirAsia India and the Service Provider, and their parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the " Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
The Services are Available "AS-IS"
The access to and use of the Services or Platform is at Your own risk. You understand and agree that the Services are provided to You on an "As Is" and "As Available" basis. Without limiting the foregoing, AirAsia India and the Service Provider’s Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
AirAsia India and the Service Provider make no warranty and disclaim all responsibility and liability for:
the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content
any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Platform
he deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services
whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from AirAsia India or Service Provider, or their Entities or through the Services, will create any warranty not expressly made herein.
Third Party Website Links
Platform may contain links to third-party websites, applications or resources. You acknowledge and agree that AirAsia Entities and Service Provider Entities are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, advertisements, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by AirAsia Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
Limitation of Liability
You assume the entire risk of using the Platform and Services. To the maximum extent permitted by applicable law, in no event shall AirAsia India and the Service Provider be liable to you for any special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of profits, interruption or business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access, the Platform or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the application, whether or not foreseeable or whether or not AirAsia India or the Service Provider has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to the Platform or Services. Further, AirAsia India and the Service Provider shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the application including its functions or features by the Service Provider or for any consequences resulting from such actions. AirAsia India’s and the Service Provider’s aggregate liability (whether under contract, tort including negligence, warranty or otherwise) shall be limited to ₹100/- (Indian Rupee One Hundred Only).
AirAsia India and the Service Provider shall be under no liability whatsoever in the event of non-availability of any portion of the Application or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, pandemic, epidemic, failure of any public utility, man-made disaster, laws or government action/order/direction, infrastructure failure, computer hacking, Device failures, lack of battery power on Device, unauthorized access to computer data and storage device, computer crashes, non-compatible Device, breach of security, lack of electricity, lack of telecommunications services/internet and encryption, etc., or any other cause whatsoever beyond the reasonable control of AirAsia India or the Service Provider.
If you have any queries, suggestions, or operational/ technical issues, please reach out to us at firstname.lastname@example.org.
Please note that if you still proceed to access the Platform and share the personal information with AirAsia India or the Service Provider, you solely shall be responsible for any kind of legal or other actions that shall take place and AirAsia India and the Service Provider shall not be responsible for any actions in any manner whatsoever.