1. Inflight Entertainment General Terms
a. These Virgin Australia Inflight Entertainment Terms of Use (Inflight Entertainment Terms of Use) govern your use of the content provided to you by Virgin Australia’s in-flight entertainment (IFE), which Virgin Australia makes available on selected aircraft (the Aircraft) and selected routes on the Virgin Australia domestic and international network and is subject to availability.
b. You have certain rights under the Australian Consumer Law. These include Consumer Guarantees that the services provided to you will be carried out with due care and skill, will be fit for the purpose disclosed and will be supplied within a reasonable time. Where services are not provided to you in accordance with these Consumer Guarantees or otherwise in accordance with these Inflight Entertainment Terms of Use, then you may have a right to seek a remedy in accordance with the Inflight Entertainment Terms of Use, and any applicable law, including the Australian Consumer Law. Nothing in these Inflight Entertainment Terms of Use excludes or limits the Consumer Guarantees or any other statutory rights that you may have under applicable laws (including the Australian Consumer Law) that cannot be excluded. You can find out more about the Consumer Guarantees here: https://www.virginaustralia.com/au/en/about-us/policies/legal/guarantees/. This is a summary of some of your rights under the Australian Consumer Law. It is not an exhaustive list and is not legal advice.
c. Where available, IFE is complimentary for all Guests and requires the use of a personal device supplied by the Guest.
d. Subject to your rights under the Australian Consumer Law, Virgin Australia is unable to guarantee that the IFE will be available on all flights or that there will be no interruptions to the service. You acknowledge that there may be interruptions to the service including and without limitation, those due to acts of nature, power failure, satellite signal failure, technical fault, serviceability issues or any other cause.
e. Use of the IFE app is subject to Virgin Australia’s website and mobile application Terms of Use.
f. All IFE content and underlying technology in the IFE is owned by Virgin Australia, or Virgin Australia’s licensors and suppliers. All rights not expressly granted in these IFE Terms of Use are reserved. Guests agree not to reproduce, reverse engineer, modify, or create derivative works based on the IFE.
2. Content
a. Virgin Australia has selected media to ensure a wide variety of choices. IFE content accessible may include MA 15+ media. Virgin Australia does not have the ability to censor programming or to monitor or apply controls to limit the content accessible on a particular guest’s device. For these reasons and to the extent permitted by law, Virgin Australia accepts no responsibility for any IFE content which may be offensive or distressing to any Guest.
b. Virgin Australia’s IFE programming schedules are subject to change at any time without notice and content may not match the content listed on Virgin Australia’s website from time to time.
c. Educational content made available through the IFE is provided by third party services providers and Virgin Australia excludes any warranties as to the accuracy, reliability or completeness of such content. Any educational content viewed is not intended to be, and should not be construed as legal, financial, or other professional services advice of any kind.
3. Guest responsibilities
a. Guests must comply with any crew instructions to turn off or close the IFE (which may require a shut down of their device) in circumstances reasonably required by Virgin Australia.
b. Virgin Australia does not guarantee that charging ports will be available on its aircraft. Guests are responsible for the battery life of their device and Virgin Australia is not able to or required to charge a Guest’s device during a flight.
c. Guests are responsible for the use of their device. Only compatible devices can be used to access the IFE. Virgin Australia is not responsible if a guest’s device is unable to connect to the IFE.
d. Content on the IFE is protected by copyright. Content is for single-person viewing only and for viewing only during the Virgin Australia flight. Guests are prohibited from: (i) sharing their device with other Guests to access IFE content; (ii) using a device to record any IFE content; and (iii) downloading, copying or exploiting content, removing any proprietary notices or circumventing, removing or deactivating content protections in the IFE or a guest’s device.
4. Acceptable use policy
a. You must not use the IFE to (or assist another person to):
i. Harm or threaten harm to persons or property;
ii. Harass other people;
iii. Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
iv. Engage in any fraud or misrepresentation;
v. Provide instructional information about illegal activities;
vi. Interfere with, disrupt, or create undue burden on the IFE (or the networks or computers that provide same);
vii. Infringe or violate another person’s rights, including privacy and intellectual property rights;
viii. Allow another person to access or use the IFE on their device or through your device;
ix. Knowingly distribute any virus or other malware;
x. Access any network or computer (including those providing the IFE) in excess of the permission expressly granted to you;
xi. Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties to the communications;
xii. Attempt to decrypt any encrypted or scrambled communications;
xiii. Introduce or attempt to introduce software or automated agents into the IFE; or
xiv. Impersonate any other person, including any Virgin Australia employee.
b. Virgin Australia may, acting reasonably, investigate and take appropriate action against any user of the IFE that it reasonably believes has committed a material breach of these Inflight Entertainment Terms of Use. Such action will take into account the circumstances and may include, without limitation, refusing to provide or suspending access to and use of the IFE, reporting a user to law enforcement authorities, and taking legal action against the user.
5. Guests under 15 years of age or unaccompanied minors
a. The parent or guardian of a Guest under 15 years of age is solely responsible for the content on the IFE viewed by that Guest. If a Guest is under 15, the parent/guardian who makes the booking for the Guest consents to the Guest who is under 15 years of age accessing the IFE.
b. If the Guest’s parent/guardian is not prepared to give this consent, the parent/guardian will ensure that if the Guest under 15 years of age travels with a device, then that device is disabled so it cannot receive the IFE content.
c. If an unaccompanied minor (“UMNR") travels on a flight where IFE is available, Virgin Australia is unable to monitor the UMNR’s use of that device. There may be circumstances where the UMNR accesses content on Virgin Australia’s Streaming Entertainment that is not suitable for them, including MA15+ content. The parent/guardian who makes a booking for an UMNR acknowledges that, to the extent permitted by law, neither the UMNR, nor anyone claiming through or on behalf of the UMNR, will have any claim against Virgin Australia or any of its officers, agents and employees in respect of the in-flight entertainment that is viewed (or not viewed) by the UMNR.
6. Legal
a. Other than as specified in this Agreement or in applicable laws, including the Australian Consumer Law, Virgin Australia (or their respective related bodies corporate, personnel, directors, officers, contractors and agents) will not be liable for any loss, damage, cost or expense suffered or incurred (Loss) arising out of or in connection with use of the IFE by a Guest (whether arising out of negligence or otherwise), including, without limitation, any Loss suffered or incurred due to the IFE being unavailable or inoperable on a flight or as a result of the Guests’ negligence or a breach of these Inflight Entertainment Terms of Use.
b. Subject to your rights under applicable laws, including the Australian Consumer Law, Virgin Australia (and its service providers) make no warranty that: (a) the IFE will meet an individual’s specific requirements; (b) the IFE will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; or (c) the IFE will be any particular speed or allow any particular application or service.
c. Except for certain services and products specifically identified as being offered by Virgin Australia, Virgin Australia does not control any materials, information, products, or services on the Internet, some of which may be offensive to an individual. Guests 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. Guests acknowledge that there is certain security, confidentiality, and privacy risks inherent in wireless communications and technology and use of inflight Internet access, and Virgin Australia does not make any assurances or warranties relating to such risks .
d. This Agreement shall be governed and construed in accordance with the laws of Queensland, Australia without giving effect to any principles of conflicts of law.
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Last updated January 2024