ACCEPTANCE OF TERMS
IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE MOBIPAX SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the Mobipax service, website or mobile application (collectively, the “Service”). Your use of the Service is subject to these Terms of Service and Mobipax’ Privacy Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between You and Mobipax Co., Ltd. (“Mobipax”), for use of the Mobipax service. “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf. If You do not agree with the terms of this Agreement, do not use the Service. Mobipax reserves the right to update and change the Agreement from time to time without notice or acceptance by You. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
DESCRIPTION OF SERVICE
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single Mobipax Account. “Mobipax” referred to herein means an online portal for data maintenance and reporting and a mobile application to access your company confidential information related to flights and passengers. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, Mobipax grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
A “Mobipax Account” or “Account” referred to herein means a service, web site, or mobile application, provided by Mobipax, where You may use Mobipax to create, update, share, and publish information, data, text, messages or other materials (“User Content”).
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the service may include certain communications from Mobipax, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. You agree not to access the Service by any means other than through the interfaces that are provided by Mobipax for use in accessing the Service. Mobipax will provide the Service in accordance with this Agreement. Mobipax may at its sole discretion modify the features of the Service from time to time without prior notice.
REGISTRATION
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Mobipax with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Mobipax of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Mobipax cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Mobipax assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Mobipax has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mobipax has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service (and registering an Account on the Service), You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service – except as set forth below under “Kids Under 13 and Mobipax”. Mobipax may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.
KIDS UNDER 13 AND MOBIPAX
Mobipax is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials. Mobipax relies on parents and guardians to ensure that minors only use Mobipax if they can understand their rights and responsibilities as laid out in these Terms of Service and in our Privacy Policy.
BILLING/PAYMENT TERMS
Additional groupings of features may be added to the Service and made available to You as a paid Service. If You choose to subscribe to a Paid Plan, You shall pay fees (described below) to Mobipax. Upon selection of a Paid Plan, You will provide Mobipax with the necessary billing information (“Billing Data”).
Invoices and Credit cards are the only payment mechanisms Mobipax will accept for payment of the subscription fee (“Subscription Fee”) for a Paid Plan. All currency references are in U.S. dollars.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Your Subscription Fee payment is overdue, Mobipax will disable Your access to the features provided by the Paid Plan. Mobipax may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Mobipax may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Mobipax may also withdraw and at its discretion reallocate the public web address of Your Account.
If You terminate Your Account, via means provided for cancellation on the Mobipax website, or via telephone call or electronic mail to Mobipax, and You request that Mobipax delete Your User Content and files contained in Your Account, Mobipax will make all reasonable efforts to do so.
REFUND
All payments made are non-refundable.
PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS
Mobipax and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service. You will not remove, deface or obscure any of Mobipax’ or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
Mobipax is a Trademark of Mobipax (Thailand) Co., Ltd.
EXPORT RESTRICTIONS
You acknowledge that the Service, or portion thereof may be subject to the export control laws of the United States. This Agreement shall be governed by and construed in accordance with the laws of Switzerland. Therefore agree to submit to the non-exclusive jurisdiction of the courts of Zurich, Switzerland.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Mobipax may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Mobipax upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Mobipax, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Mobipax under this Agreement must be sent to the following electronic mail address for such purpose: support@mobipax.org
Or the following physical address:
Mobipax (Thailand) Co., Ltd.
22/1 Moo 8, Soi 4/3, Tambon Sanpeasua, Chiang Mai, 50300, Thailand