1. General Terms
- Payment services (Payment Services) and account management services (Account Management Services) for your access to the IFC System provided by Virgin Australia will be provided by Gogo. The terms and conditions relating to Payment Services and Account Management Services are set forth in Section C (“Account and Payment”) below.
- Guests will require a compatible laptop, personal digital assistant, tablet, smartphone or other handheld device with Wi-Fi capability to enable operation of the IFC System. It is Guests’ responsibility to make sure the device being used to connect to the IFC System has a Wi-Fi radio connection. Guests are responsible for any fees or charges associated with the device and the use of the device and for ensuring such device is compatible with the IFC System.
- Guests are not permitted to, and must not, use any voice applications (including VOIP applications) through the IFC System while on board the Aircraft.
- Wi-Fi access on board the Aircraft is made available for single person viewing only and Guests must not share their device with other Guests or connect multiple devices to the IFC System at the same time.
- Guests are in control of their own devices and should shut their devices down if they find any content on the internet to be objectionable or distressing.
- Guests must comply with any crew instructions to disconnect from the IFC System or shut down their device in circumstances required by Virgin Australia in its sole discretion (including at times when the operation of electronic devices on the aircraft is not permitted).
- Guests acknowledge and agree that MA15+ content may be accessed on the Internet via the IFC System.
- Virgin Australia does not have the ability to censor content accessed by an individual Guest through the IFC System and Virgin Australia and its service providers, including Gogo, accept no responsibility for any content shown on a Guest's device which may be offensive or distressing to any Guest.
- Guests may access via the IFC System certain Internet services and content that is provided by third parties for which such Guests may have a separate relationship directly with such third parties (Third Party Services). Guests agree that Virgin Australia and its services providers, including Gogo, have no responsibility for such Third Party Services or Guests continued access to them via the IFC System. Guests are responsible for any fees for Third Party Services that result from access to or use of them.
- If you create or use an Account (as defined below), Gogo may also use your personal information to provide you with services you may request when travelling on a third party airline’s aircraft which is enabled with Gogo’s inflight connectivity service. The privacy policies and terms and conditions of the relevant third party airline will apply to your use of any third party inflight connectivity service. Virgin Australia excludes all liability for any costs, loss or damage you may suffer or incur as a result of using a third party airline’s inflight connectivity service.
3. Account and Payment
Access to IFC System - General
- Virgin Australia will offer customers travelling on selected domestic and international flights access to the IFC System on a tiered payment basis.
- Virgin Australia customers may access the paid IFC Service through the IFC System by entering the Site on their personal device, creating an account with Gogo (in accordance with clause 21 of this Agreement), selecting the preferred IFC System access pass and paying the relevant service fee for that pass (if applicable). The service fees payable for IFC System passes will be displayed on the Site when you access the IFC System and are subject to change.
- Please select your preferred access pass carefully as you will not be provided with a refund if you change your mind.
- Virgin Australia may provide Virgin Australia customers with a level of access to the IFC System on a free-of-charge basis (FOC Passes). Virgin Australia reserves the right to change the features of FOC Passes at any time in its sole discretion. Please read the instructions located in the Voyeur Magazine in the seat pocket for information about FOC Passes.
- Virgin Australia may also provide Guests with free-of-charge access to the IFC System from time to time in its sole discretion. An announcement will be made by cabin crew on board your flight should this occur.
- Where access to the IFC System is provided free of charge, it is provided on an “as is” and “as available” basis and Virgin Australia may modify, suspend, or stop access to the IFC System either temporarily or permanently, at any time, without prior notice to any Guest.
Ways you can access the IFC System
- You may access the IFC System in the following ways:
- As a guest, without creating a Gogo service account (Guest Access). If you gain Guest Access to the IFC System, you are a “Guest User” under this Agreement.
- As part of a promotion (Promotional Access). If you gain Promotional Access to the IFC System, you are a “Promotional User” under this Agreement.
- By creating a Gogo service account (Account) by registering on the Site, or using an existing Gogo account you have previously created (a Registered User).
- By signing in to or using the IFC System as a Roaming Partner User (as defined below), through an existing account with a Roaming Partner (as defined below). A “Roaming Partner” is a company (typically a hotspot aggregator or a telecommunications company) that has an agreement with Gogo to provide the IFC System to its customers (Roaming Partner Users). If you are a Roaming Partner User, you must comply with your agreement with the applicable Roaming Partner (in addition to this Agreement). From time to time, Virgin Australia may offer the opportunity to access the IFC System without creating an Account.
For the purposes of this Section C, Registered Users, Roaming Partner Users, Guest Users and Promotional Users are referred to as “Users.” The right to use the IFC System is personal to you as the User and is not transferable to any other person. All Users must comply with this Agreement.
- If you create an Account, you represent and warrant that: (a) all registration information for your Account (including, without limitation, 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 Gogo immediately at email@example.com if you suspect any unauthorised 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.
- You understand that any termination of your Account may involve deletion of your Account information from the relevant live databases and all the information stored for such Account. Neither Gogo nor Virgin Australia will have any liability to you for any termination of your Account, or related deletion of your information.
- Use of the IFC System may require payment. Gogo currently accepts payments made by Visa, MasterCard, American Express, and Discover cards and debit cards displaying the Visa or MasterCard logo. Cardholders are subject to applicable international fees (see below for details on fees (including international fees) and other charges which may be applicable in connection with your use of the IFC System).
- If you are a Roaming Partner User, you must pay all applicable fees for the IFC System to the applicable Roaming Partner. If you are not a Roaming Partner User, this Section applies to you. You agree to pay all applicable fees for the IFC System, including, but not limited to, the fee for the applicable pass, taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by domestic or foreign governments. The fees for the IFC System are billed to the payment card you have provided. You may also be subject to fees or charges (including, without limitation, cross-border fees and foreign currency conversion fees) levied by third parties (including, without limitation, the bank that issued your payment card), which may be charged based on one or more factors, including, without limitation, the payment card issuing bank’s country of origin and the currency in which your payment card is denominated. We care about satisfying our customers, and if you have an unsatisfactory experience, we’d like to hear from you. Please contact Gogo customer care at firstname.lastname@example.org.
- You hereby authorise Gogo (through its payment card processing service provider) to charge the payment card you provide in your Account, or at the time of purchase if purchased as a Guest User. Gogo will send you a receipt to your email address listed in your Account or to the email address you provide to gain access as a Guest User. In addition, we may use a third party account updater service that updates expired or replaced payment information (such as new payment card numbers and expiration dates) based upon information provided by the cardholder’s payment card issuer. If your payment card number or expiration date has changed from the information provided in your Account, you authorise Gogo to obtain updated or replacement payment information (including through its account updater service provider) in order for us to proceed with the billing and payment process described herein.
- If you believe you have been incorrectly charged, you must notify Gogo of such disputed charges within the time provided for in your payment card agreement or you waive your right to dispute those charges. Please contact Gogo Customer Care at 1-800-731-586 (in Australia) or by email at email@example.com, so that we can review your account. Gogo may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to firstname.lastname@example.org.
4. Acceptable Use Policy
- You must not use the IFC System to (or assist another person to):
- Harm or threaten harm to persons or property;
- Harass other people;
- Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
- Engage in any fraud or misrepresentation;
- Provide instructional information about illegal activities;
- nterfere with, disrupt, or create undue burden on the IFC System (or the networks or computers that provide same);
- Infringe or violate another person’s rights, including privacy and intellectual property rights;
- Allow another person to access or use the IFC System on his/her computer or device or through your computer or device;
- Display content on your computer or device which is obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable;
- Knowingly distribute any virus or other malware;
- Access any network or computer (including those providing the IFC System) in excess of the permission expressly granted to you;
- Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties to the communications;
- Attempt to decrypt any encrypted or scrambled communications;
- Introduce or attempt to introduce software or automated agents into the IFC System; or
- Impersonate any other person, including any Virgin Australia or Gogo employee.
- Virgin Australia may investigate and take appropriate action in its sole discretion against any user of the IFC System it believes has breached the terms in clause 13 or another provision of this Agreement. Such action may include, without limitation, refusing to provide access to and use of the IFC System, reporting a user to law enforcement authorities, and taking legal action against the user.
5. Access to Content by Minors
- The responsibility of appropriate viewing for minors rests solely with the parent or guardian of the minor.
- If the Guest is under 15, the parent/guardian who makes the booking for the Guest consents to the under 15 Guest accessing the IFC System.
- If the under 15 Guest’s parent/guardian is not prepared to give this consent, the parent/guardian acknowledges that they will ensure that if the under 15 Guest travels with a device, then that device is either disabled so it cannot access the IFC System, or they will make our cabin crew aware that the under 15 Guest cannot access the IFC System and authorise our cabin crew to turn off internet access on the device.
- If Virgin Australia makes the IFC System available to an under 15 Guest on the under 15 Guest’s device, the parent/guardian who makes the Guest’s booking acknowledges agrees that we are making the IFC System available on behalf of, and as the parent/guardian’s agent.
- The parent/guardian who makes a booking for an UMNR acknowledges that if consent is given for the UMNR to access the IFC System: (i) the UMNR will be given access to Virgin Australia’s IFC System, through which they may be able to access MA15+ content; (ii) Virgin Australia cabin crew will use reasonable endeavours to enable the parental controls to the level requested by the parent/guardian at the time a flight booking is made; and (iii) neither the UMNR nor anyone claiming through or on behalf of the UMNR will have any claim against the carrier 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. Performance and Availablity
- Neither Virgin Australia nor Gogo is responsible for any interruptions to the service provided by the IFC System including, without limitation, those due to acts of nature, power failure, satellite signal failure or any other cause. The IFC System 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.
- Connection speeds may vary due to a Guest device, atmospheric conditions, terrain, network capacity, and the number of users on the System at the time, time of day, and aircraft location. The coverage locations and maps in respect of the IFC System are subject to change at any time without notice. IFC System coverage, speeds, locations, and quality may vary.
- Because of capacity limitations and the shared use of our network, the IFC System does not support in-flight file transfers, application downloads, software updates, software or file “synching”. As a result, these activities may not be conducted on the IFC System and may be blocked, attempted to be blocked, deprioritized, or otherwise restricted at any time, through the use of a variety of tools and techniques. Based on capacity limitations, Guest usage levels, the application, and/or other performance factors mentioned above, transmission rates may be limited.
- Virgin Australia and Gogo are not publishers of third-party content accessed through the IFC System, 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 IFC System or Third Party Services.
- Virgin Australia is not responsible for battery life or charging of devices. It is the responsibility of the Guest to ensure that the appropriate IFC System activation process is complete before attempting to access the IFC System. Virgin Australia is not responsible if a Guest’s device is unable to connect to the IFC System.
7. Help Desk
- Gogo operates a customer help desk on behalf of Virgin Australia to assist with any inflight queries. Customer service will be provided 24 hours a day, 7 days a week, via the “chat with us” link at email@example.com(Australia) or, via telephone (1-800-731-586 (Australia)
- Cabin crew are unable to assist you with technical queries relating to your use of the IFC System. Please direct all queries to the Gogo customer help desk.
- Gogo does not provide an encrypted communication channel (Wired Equivalency Protection known as “WEP”) or (Wi-Fi Protected Access known as “WPA2”) between the IFC System and a Guest device. The IFC System generally supports secure Virtual Private Network (VPN) access and Secure Shell (SSH) access. If a Guest has VPN, it is recommended that the Guest uses their secure VPN protocols for greater security. Subject to the network management and limitations provisions discussed above, 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 IFC System. Guests should be aware 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. Guests should therefore take precautions to lower their security risks.
- It is recommended that Guests follow good security practices, such as ensuring that file-sharing is not enabled while accessing the Internet from an un-encrypted public network and that laptops have a personal firewall and other protection against malware. It is also recommended that sensitive or private information not be accessed via or transmitted over an un-encrypted connection. While Virgin Australia and Gogo take reasonable steps to protect Guests’ security, Virgin Australia and Gogo do not warrant the security of any information a Guest transmits to Virgin Australia and/or Gogo, and Guests use the IFC System and provide Virgin Australia and Gogo with their information at their own risk.
- Guests specifically acknowledge and agree that Virgin Australia and/or Gogo may, as a necessary incident of providing the IFC System, or as required or permitted by law, by law enforcement authorities or as hereby expressly contemplated by this Agreement use any advanced blocking technologies and other technical, administrative or logical means available, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that they 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 Virgin Australia and Gogo to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable. Because automated filtering mechanisms are not always able to discern content accurately, some non-objectionable content may be unintentionally restricted at times, while some objectionable content may unintentionally evade restriction.
- Nothing in this Agreement limits, excludes or modifies or purports to limit, exclude or modify rights a Guest may have under the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth). These include consumer guarantees that the services we provide to you will be carried out by us with due care and skill, will be fit for the purpose disclosed and will be supplied within a reasonable time.
- This Agreement does not exclude or limit these guarantees or any other statutory rights that you may have under applicable laws (including the Civil Aviation (Carriers' Liability) Act 1959 (Cth)).
- To the extent permitted by law, neither Virgin Australia nor Gogo (or their respective related bodies corporate, personnel, directors, officers, contractors and agents) will be liable for any loss, damage, cost or expense suffered or incurred (Loss) arising out of or in connection with use of the IFC System by a Guest (whether arising out of negligence or otherwise), including, without limitation, any Loss suffered or incurred due to the IFC System being unavailable or inoperable on a flight or as a result of the Guests’ negligence or a breach of this Agreement.
- Virgin Australia and Gogo (and each of their service providers) make no warranty that: (a) the IFC System will meet an individual’s specific requirements; (b) the IFC System will be available on an uninterrupted, timely, secure, or error-free and malicious code-free basis; (c) the IFC System will allow access to all third-party sites; (d) the IFC System 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 IFC System will be accurate or reliable.
- Except for certain services and products specifically identified as being offered by Virgin Australia and/or Gogo, Virgin Australia and Gogo do 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 expressly 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 and Gogo do not make any assurances or warranties relating to such risks. Guests acknowledge that neither Virgin Australia nor Gogo are not responsible for files, messages or pages lost or misdirected due to interruptions or fluctuations in the service provided by the IFC System or the Internet in general.
- All underlying technology in the IFC System is owned by Gogo, Gogo’s affiliates or its licensors. All rights not expressly licensed are reserved. Guests agree not to reproduce, reverse engineer, modify, or create derivative works based on the IFC System. Except as expressly permitted under this Agreement, Guests must not rent, lease, loan, or sell access to the IFC System or provide the IFC System or IFC Services to any third party on a service bureau or time sharing basis or otherwise.
Last updated 12-01-2017