These Terms and Conditions apply to Your use and purchase of the Services and nothing in these Terms and Conditions impacts upon the rights of either You nor Us under the applicable Conditions of Carriage.
Please review these Terms and Conditions carefully before using the Services as by accessing them You are confirming that You are legally capable of entering into these Terms and Conditions and that You accept these Terms and Conditions. If We provide complimentary use of the Service or You will still need to create an Account with Us and agree to these Terms and Conditions. Depending on the Airline, You may also be requested to provide a frequent flyer or membership number or similar information.
For the purposes of these Terms and Conditions "We", "Our" and "Us" refers to (i) IAG Connect and (ii) British Airways, while references to "You" and "Your" refers to the persons using the Services (including persons who access the Services on behalf of other persons).
British Airways Plc (“British Airways”/ “Airline”) is a company registered in England under company number 1777777 and with a registered office at Waterside , PO Box 365, Harmondsworth, Middlesex, UB7 0GB, UK.
IAG Connect is a company registered in Ireland under company number 604026 and with a registered office at Dublin Airport, County Dublin, Ireland and an office at Waterside (HAA2), PO Box 365, Harmondsworth, Middlesex, UB7 0GB, UK..
Other terms that are capitalised in these Terms and Conditions have the meaning given to them in the Glossary (Section B).
The Services are not directed towards children and orders for products and/or Services may only be placed by those over the age of 18 years old. Our team on board may ask for identification from anyone who places an order, to evidence that they are over 18 years old and are entitled to refuse to serve You, if evidence of being over 18 years old is not produced. Neither We, nor Our Third Party Providers seek to collect any personal information from anyone under the age of 18 years old.
These Terms and Conditions apply in addition to, but do not in any way supersede, amend or replace (i) the Conditions of Carriage; (ii) any terms relating to any purchase made by You prior to boarding this flight; and (iii) the terms of any loyalty scheme which You may be a member of, such as the Executive Club.
2. PLACING AN ORDER
How do I place an order?
To purchase any Services on-board Your Airline, You just place an order via the Portal (each referred to as a "Request” in these Terms and Conditions). If You are unable to do this, please ask a member of Our on-board team, who can assist You with Your Request and the availability of alternative payment mechanisms. Each Request may then be paid for by You in accordance with the "Payment Methods" section below.
A Request is an offer by You which, if accepted by Us, becomes a legally binding agreement between You and Us and shall be subject to these Terms and Conditions. There are specific terms which shall apply for Wi-Fi Services (Section A). We reserve the right to decline any Request.
When You place a Request, You agree to be bound by these Terms and Conditions and to pay for that Request. Please pay attention to the details of the Request, because the total price may include taxes and fees, which You are responsible for paying. Please don't confirm a Request unless You are ready to pay, because, subject to the section "Cancellations and Refunds" which identifies Your cancellation rights, all sales are final and fees paid for the Services are non-refundable.
Once We have received Your payment, We will send a receipt for the Request to the email address You provided in Your Account information. Such receipt will contain an itemised breakdown of Your Requests..
How can I seek assistance?
For assistance with any questions or concerns You may have, please contact us at firstname.lastname@example.org. Responses to all questions will be provided as soon as reasonably possible.
3. PAYMENT METHODS
How do I pay?
To pay for a Request You are able to do so using Your Device. If You are unable to do this, please ask a member of Our on-board team, who can assist You with Your Request and the availability of alternative payment mechanisms. When using Your Device You will be invited to log on to the portal via Your Device in order to make a payment following the on screen instructions.
Please note, We’re unable to accept cash, personal cheques, travellers’ cheques, pre-paid cash or currency cards, or to offer refunds on board.
Prices for the Services are shown in the currency indicated on the Portal and, where applicable, are inclusive of VAT. Prices are subject to change at any time, and there is no price protection or refunds in the event of a price drop, sale or other promotion.
Once You click the "Purchase" button, Your Request will be charged to the payment source You provided. If there is an error with Your Request, please contact Us in accordance with the "How can I seek assistance?" section.
Card payments will appear on Your payment card statement as: "BA INFLIGHT SALES” for purchases of Services..
Transactions will be effected in the currency indicated to You and may be converted by Your card issuer into Your home currency. We have no control over and take no responsibility for the rate of exchange used by Your card provider, nor over any transaction fee which may be applied by the card provider.
We accept most major credit cards and debit cards for payment. When You provide a payment source to Us, You confirm that You are permitted to use that payment source. You authorise Us, the Airline and Our Third Party Providers to collect and store it, along with other related purchase information. When You make a payment, You authorise Us (and Our designated payment processors) to charge the full amount to the payment source You designate for the Request.
If You pay by credit or debit card We or Our Third Party Providers may obtain a pre-approval from the issuer of the card for an amount up to the amount of the Request. We will bill Your card at the time of the Request or shortly thereafter.
If You pay by debit card and Your payment results in an overdraft or other fee from Your bank, You alone are responsible for that fee.
From time to time, credit or debit cards are declined for various reasons. If a purchase is declined due to a credit or debit card issue, first please ensure all data is correct and resubmit it. If the purchase is still not accepted, You may wish to try another card.
What if there are any disputes regarding payment?
If You believe You have been incorrectly charged, or that an unauthorised Request has taken place, You must notify Us within the time provided for in Your payment card agreement (or within 60 days after the date the charge was incurred if Your payment card agreement does not contain a time period) or You waive Your right to dispute those charges. Such notifications must be submitted to Us in accordance with the "How can I seek assistance?" section.
You are responsible for and agree to reimburse Us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by Us (including costs and related expenses) that were caused by or arising out of payments that You authorised.
4. ACTIONS WE MAY TAKE
As part of Our effort to keep the Service safe and secure, We may take certain actions to reduce liability for Our users and for Us and Our Third Party Providers.
We may cancel any Request if We believe the Request violates these Terms of Sale or the Terms and Conditions, or We believe doing so may prevent financial loss.
We may place a delay on a payment for a period of time, limit payment sources for a Request, limit Your ability to make a payment or deactivate Your Account if We believe doing so may prevent financial loss.
We may contact Your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments You are associated with if We believe doing so may prevent financial loss or a violation of law.
5. CANCELLATIONS AND REFUNDS
Subject to any directly applicable rights You have under laws in Your home country, where You are contracting with Us as a consumer online or by phone, You have the right to cancel these Terms and Conditions at any time up to 14 calendar days after the day on which You receive the goods or services You ordered.
This is however subject to the terms set out in relation to the relevant Service specific terms below, as specific cancellation provisions apply in respect of the Services.
This is not intended to be a full statement of Your rights under any consumer regulations applicable to You nor is it intended to override any rights that You may have under an mandatory provisions of local law.
6. PRIVACY AND SECURITY
If You have reason to believe that Your access to the Services is no longer secure (e.g. loss, theft or unauthorised disclosure or use of user names, passwords and personal identification numbers), You must promptly change the affected access information.
7. APPROPRIATE USE
Your purchase and use of the Services must be in compliance with any and all applicable laws and regulations.
Your access to the Services is on a temporary basis, and We reserve the right to withdraw, restrict or amend the Services accessible to You without notice at Our absolute discretion.
You may only use the Services in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which You are accessing the Portal. Except as expressly permitted by Us, You shall not use the Services for any other purpose.
In particular, You agree that, You will (i) Comply with the Wi-Fi Usage Policy.
All software products downloaded or accessed are downloaded, installed, and used totally and entirely at the users own risk.
8. BREACH OF THESE TERMS AND CONDITIONS
Sans préjudice de nos autres droits (vis-à-vis de la loi ou autrement) nous nous réservons le droit de :
(a) cancel Your Requests without reference to You; and/or
(a) deny You access to the Services and block Your access to the Services,
where We believe (in Our absolute discretion) that You (or persons who access or use the Services on Your behalf) are in breach of any of these Terms and Conditions.
9. TRADEMARKS AND COPYRIGHT
The names, images and logos identifying companies in Our group, Our partners or third parties and Our/their products and services contained within the Portal are proprietary marks and may not be reproduced or otherwise used without Our express permission. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any brand or any trade mark, patent, design right or copyright of IAG Connect, the Airline or of any third party.
10. CHANGES TO AND ACCESS TO SERVCIES
We reserve the right to remove and/or alter the Content and/or the functionality of the Portal at any time and for any reason whatsoever. In particular, We do not guarantee that any particular piece of Content will be available on the Portal.
We will make reasonable efforts to keep the Portal operational at all times, however We cannot guarantee that Your use of the Portal will be uninterrupted or error-free. From time to time We may temporarily suspend or remove the Portal for technical, maintenance or operational reasons.
11. OUR RIGHT TO VARY AND CANCEL THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms and Conditions from time to time to reflect, amongst other things, changes in technology, changes in relevant laws and regulatory requirements, changes in Our system's capabilities and any changes to Our Third Party Providers or other companies that We work with in connection with the Services.
We can cancel these Terms and Conditions at any time for any reason.
Disputes arising under these Terms and Conditions will be resolved in accordance with the Terms and Conditions in effect at the time You placed Your Request.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to You should be in writing. You accept therefore that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our websites. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights in Your home country.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The Terms and Conditions between You and Us are binding on You and Us and on Our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms and Conditions, or any of Your rights or obligations arising under it, without Our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of Our rights or obligations arising under it, at any time during the use of Our Services.
14. EXCUSABLE EVENTS
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Terms and Conditions due to unusual and unforeseeable circumstances beyond Our control or that of Our agents, suppliers or subcontractors and that (i) could not have been avoided if reasonable care had been exercised or (ii) which are due to an event that We or Our agents, suppliers or subcontractors could not (even with all due care) have reasonably foreseen or prevented.
These circumstances include (but are not limited to): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks and failure of the IT systems of Third Party Providers; and/or the acts, decrees, legislation, regulations or restrictions of any government.
15. APPLICABLE LAW, LANGUAGE AND JURISDICTION
Your use of the Services, any material (including data, information and databases) accessed or downloaded from use of the Services, any Requests You make under these Terms and Conditions and the operation of these Terms and Conditions and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and You agree to submit to the non exclusive jurisdiction of the English Courts.
If You are a resident of any country other than the United Kingdom and have placed a Request, these Terms and Conditions are governed in all aspects by English law but You will have the benefit of any mandatory rules of law applicable in Your country of residence.
Nous nous réservons le droit d'intenter des poursuites dans :
(a) the Courts of the country of Your residence
(b) the Courts of the location of Your access, use or storage of any materials (including data, information and databases) or Content obtained from the Portal provided by Your Airline or IAG Connect
(c) the Courts of the location of any breach by You of these Terms and Conditions; and/or
(d) the Courts of the location of Your authorisation of any of the above acts.
Lorsque les présentes conditions générales sont traduites dans des langues autres que l'anglais, en cas de conflit ou d'incohérence, les conditions générales en langue anglaise seront prioritaires.
You acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms and Conditions. We shall be entitled to the remedies of injunction, or other reliefs available to Us in equity for any threatened or actual breach of the terms of these Terms and Conditions.
These Terms and Conditions contain all the terms of Your agreement with Us relating to Your use of the Services and all Requests made under these Terms and Conditions. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated. We each acknowledge that neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written between Us prior to such contract except as expressly stated in these Terms and Conditions. Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
Si une disposition du présent accord s'avère non valide ou non applicable, la disposition non valide ou non applicable sera supprimée des présentes conditions générales sans modifier la validité ou l'applicabilité des autres dispositions.
Any reference to the terms "partner(s)" and "partnership(s)" are used to refer to individual marketing or co operation agreements and not to any relationship which has specific legal or tax implications. IAG Connect cannot therefore accept any liability for the conduct of these partner organisations, including Our Third Party Providers.
If We fail, at any time during Your use of the Services, to insist upon strict performance of any of Your obligations under the Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default.
No third party (excluding any member of Our group, who shall have such benefit and right) shall have the benefit of or the right to enforce these Terms and Conditions.
A. WI-FI SERVICES SPECIFIC TERMS
How does the Wi-Fi Service operate and what are its limitations?
You as a user connect to the Wi-Fi Service using Wi-Fi technology aboard the Airline's aircraft. The Wi-Fi Service uses satellite communications to connect to the aircraft and the satellites use various ground stations around the world to connect to the relevant servers and the Internet.
The goal is for every user to have a quality experience. Due to the limited bandwidth available on an aircraft, which is being shared by multiple users, the Wi-Fi Service is designed for basic web browsing, online shopping, email and intranet access through Virtual Private Networks (VPNs) and it is not designed to handle transmission of large amounts of data, such as in large file transfers (including downloading/uploading movies or videos), Voice over IP (VoIP) applications or streaming video. To help provide a quality experience to all users and for the comfort of fellow passengers or as required to comply with applicable law, limits may be placed on the bandwidth available to individual users to allows the service to be shared with other users, the ability to access or use certain applications and services, including VoIP applications and/or streaming video applications. To help with this, You must Comply with the Wi-Fi Usage Policy.
The network is managed in a manner that does not discriminate based on a website's content or its provider to the extent reasonably possible to do so. We and Our Third Party Providers reserve the right to limit access to the Service or certain applications for network management purposes or as required by applicable law. Content filtering is applied at the request of the Airline or as required by applicable law.
The Wi-Fi Service is generally available for use when an aircraft is in flight except when the Wi-Fi Service is down for maintenance, updates or upgrades. In some cases, the Wi-Fi Service is only available when a flight is above a certain altitude. Availability of the Wi-Fi Service is always at the discretion of Airline and an aircraft's captain. In addition, government authorities may also restrict the availability of the Wi-Fi Service, access to certain features or applications and/or access to and use of certain websites when an aircraft is in that country's airspace.
Due to a variety of factors, Wi-Fi Service coverage, speed and quality may vary there are areas in which there may be sporadic or no coverage, the Wi-Fi Service may be disrupted due to altitude, weather, flight path, solar (electromagnetic) storms or similar interference and issues with satellite or terrestrial backhaul may degrade, limit or prevent operation of the Wi-Fi Service.
The connection through which You create an Account and use the Wi-Fi Service is an SSL encrypted link. Even so, it is recommended that sensitive or private information not be accessed via or transmitted over the Wi-Fi Service. The Wi-Fi Service does support secure VPN access. If You have access to a VPN, it is recommended that You use it for greater security. Please also see System Requirements in the "Systems Requirements" section below.
The Wi-Fi Service accesses and displays content that in most cases isn't ours or Our Third Party Providers, including information that may appear on Our websites or Our Third Party Provider's site, which is provided by the Airline. Such third party content is the sole responsibility of the person or entity that publishes it or makes it available. In some cases content may be reviewed or screened to determine whether it may be illegal or violate ours or any Third Party Provider's policies, and content may be removed, filtered or refuse to be displayed if it is believed may violate ours or any Third Party Provider's policies or the law, but that does not mean that that there is a review or filter any specific content.
The Wi-Fi Service is intended only as a convenience and it is not intended to be used for any medical, safety, emergency or any other uses where reliability and accuracy are critical.
How long does my purchase last?
The duration of Your use of the Wi-Fi Services shall expire dependent upon the type of pass You purchase.
Time-based Passes: If You are purchasing an hourly or duration of flight pass, the pass is valid for that period only. The pass commences at the time of Request and ceases on the aircraft landing.
MB-based Passes: If You are purchasing a pass with a maximum MB usage, the pass is valid until the allocated MB is depleted. The pass commences at the time of Request and ceases on the aircraft landing.
Combination Passes: If You are purchasing a pass with both a time and maximum MB allocation, the pass then expires when one or both of the allocation is reached.
Notwithstanding the "Cancellations and Refunds Section", You acknowledge and agree that once We start providing the Wi-Fi Service to You, You will not be able to cancel Your Purchase and seek a refund. This does not in any way affect any statutory rights that You have under any local law that is directly applicable to You and Your purchase.
Wi-Fi Usage Policy
When registering for, accessing and/or using the Wi-Fi Service, You agree to comply with this Wi-Fi Usage Policy. If We believe that You've violated this Wi-Fi Usage Policy, We may, in Our sole discretion, suspend or terminate Your Account and/or use technical measures to limit Your access to the Wi-Fi Service, in whole or in part, or prevent You from using or accessing the Wi-Fi Service in the future.
When using the Wi-Fi Service, You agree not to:
(a) simultaneously access the Wi-Fi Service through more than one device at a time.
(b) display offensive content on Your device in view of another person.
(c) resell, redistribute or rebroadcast the Wi-Fi Service via any means (for example, You may not connect a Wi-Fi or other wireless network to the Wi-Fi Service or use Your device as a mobile "hotspot" or access point or otherwise re-broadcast the Wi-Fi Service).
(d) misuse, disrupt or interfere with the Wi-Fi Service, for example, by accessing or attempting to access an Account that You are not authorized to access; accessing or searching the Wi-Fi Service by any means other than through Our publicly supported interfaces (no scraping); intercepting or collecting any personally identifiable information of others; monitoring (through, for example, sniffers) network traffic; probing, scanning or testing the vulnerability of any of Our systems or networks; circumventing, disabling or interfering or tampering with any security features of the Wi-Fi Service; interfering with, disrupting or creating an undue burden on the Wi-Fi Service; restricting, inhibiting or otherwise interfering with the ability of any other person to use or enjoy their devices or the Wi-Fi Service; attempting to decrypt any encrypted or scrambled communications where You are not the intended recipient; or accessing or using the Wi-Fi Service with an IP address other than the IP address assigned to You.
(e) copy, modify, reproduce, repurpose, rent, lease, loan, sell or distribute the Wi-Fi Service, or any elements thereof, or create derivative works based on the Wi-Fi Service or frame any of the Wi-Fi Service within another website, application or online service.
(f) use the Wi-Fi Service to invade another person's privacy, stalk, harass or otherwise violate the rights of others.
(g) use or launch any automated system, including without limitation, `robots," "spiders," "offline readers," or other similar systems that send more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
(h) use the Wi-Fi Service for any illegal purpose, or in violation of any applicable law;
(i) conduct activities that may be harmful to others or that could damage Our reputation;
(j) violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights or privacy rights;
(k) use the Wi-Fi Service in anyway which may interfere with Our IT systems and processes;
(l) post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
(m) interfere with security-related features of the Wi-Fi Service;
(n) interfere with the operation of the Wi-Fi Service or any user’s enjoyment of the Wi-Fi Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Wi-Fi Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Wi-Fi Service, or (v) violating the regulations, policies, or procedures of such networks, equipment, or servers;
(o) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Wi-Fi Service accounts of others without permission, or falsifying Your age or date of birth;
(p) sell or otherwise transfer the access granted herein;
(q) record, televise or otherwise broadcast (including through social media or podcasts), any of Our events without Our express written consent and the express written consent of those hosting and conducting Our events; and
(r) attempt to do any of the foregoing in this section, or assist or permit any persons in engaging in any of the activities described in this section.
With respect to Content Transmitted via the Wi-Fi Service, You agree not to:
(a) Transmit any Content that infringes any patent, trademark, service mark, copyright, trade secret, right of publicity, right of privacy or other proprietary right of a third party unless You have the permission from the rightful owner use it for these purpose(s).
(b) Transmit any Content that is illegal, harmful, defamatory, threatening, abusive, harassing, tortious, libelous, invasive of another's privacy or hateful. This includes, by way of example, Content that (i) promotes or condones bigotry, prejudice, racism or hatred; (ii) is racially, culturally or ethnically derogatory; (iii) provides instructional information about illegal activities; (iv) promotes physical harm or violence against any group or individual; (v) promotes or depicts any act of cruelty, (vi) exploits children or otherwise is considered by Us to be harmful to minors; (vii) contains any overtly sexual, obscene or pornographic elements; or (viii) infringes or violates another person's rights, including privacy and intellectual property rights.
(c) Transmit bulk or unsolicited ("spam") email messages or use the Wi-Fi Service to collect responses from unsolicited emails.
(d) Transmit Content that contains software viruses, worms or Trojans or any other computer code, files or programs designed to monitor, interrupt, destroy, limit or interfere with the functionality of any computer software, hardware or communications equipment, including without limitation adware, spyware or malware.
Discontinuation and Modification of the Wi-Fi Service
If You violate any provision of the Terms and Conditions, Your permission to use the Wi-Fi Service will terminate automatically. In addition, We may suspend or terminate Your access to the Wi-Fi Service, with or without notice. We also reserve the right to modify or discontinue the Wi-Fi Service at any time (including, without limitation, by limiting or discontinuing certain features of the Wi-Fi Service) without notice to You and We, nor Our Third Party Providers shall have any liability to You should We exercise such rights.
You agree that You will be fully responsibly for Your use of the Wi-Fi Service in compliance with the Terms and Conditions. This includes, but is not limited to, You being responsible for all damage, losses, costs or expenses suffered by Us arising out of any breach by You of these rules.
To access and use the Wi-Fi Service, You will need a compatible Device, with Wi-Fi capability and running compatible browser software (the Wi-Fi Service currently supports current versions of Firefox, Chrome, Safari and Internet Explorer) and to have an email account. Use of the Wi-Fi Service involves third party hardware and software, so Your ability to use the Wi-Fi Service may be affected by the availability and performance of these items. You acknowledge and agree that such third party items and any related expenses are Your responsibility alone.
You are responsible for the security of any device of Yours connected to the Wi-Fi Service, including any data stored on that device, and for implementing appropriate security precautions on that device. At a minimum, please ensure that Your device's firewall is turned on and that it is running up-to-date anti-virus software.
Data and Filtering
Account Information, any Content You send or receive using the Wi-Fi Service, and other associated data may be transmitted over various networks, processed and/or stored within or outside of Your country of residence and changed to conform and adapt to technical requirements. By agreeing to these Terms and Conditions, You expressly consent to such use, transmission, processing and storage.
Depending on the location of an aircraft, the country of registration of an aircraft, Our or Our Third Party Providers' licenses or authorisations from various jurisdictions and other factors, the operation of the Wi-Fi Service is subject to legal requirements of various jurisdictions. Operation of the Wi-Fi Service may be filtered, restricted or unavailable while in transit in or over certain countries or at the request of the Airline or otherwise as required to comply with applicable law.
You specifically acknowledge and agree that We may as a necessary incident of providing the Wi-Fi Service, or as required or permitted by law, by government authorities or by the Airline or otherwise as contemplated by this Agreement, use technical and other means to identify, inspect, remove, block, filter and/or restrict access to certain Content, online services, websites or applications.
Who Owns What?
The Wi-Fi Service allows You to Transmit Content. You retain ownership of any intellectual property rights that You hold in such Content. When You Transmit Content, You give Us, Our Third Party Providers and Our service partners a worldwide license to use, host, store, reproduce, modify, transmit, publish, publicly perform, publicly display and distribute such Content. The rights You grant in this license are for the limited purpose of operating and improving the Wi-Fi Service.
The Wi-Fi Service, including software, graphics, text, design tools, images, pictures, layout, algorithms and look and feel, contains proprietary information and material that is owned by Us and/or Our licensors, and are protected by applicable intellectual property and other laws. You agree not to use or copy such information or materials in any way whatsoever except for using the Wi-Fi Service in compliance with these Terms. All copyrights in and to the Wi-Fi Service are solely and exclusively owned by Us and/or Our licensors. All data and information generated in connection with the operation of the Wi-Fi Service is owned solely and exclusively by Our Third Party Providers and/or Us.
When You properly access the Wi-Fi Service, You are granted a personal, worldwide, revocable, royalty-free, non-assignable and non-exclusive licence to use the Wi-Fi Service in accordance with these Terms and Conditions. This licence is for the sole purpose of enabling You to use and enjoy the benefit of the Wi-Fi Service only for its intended purpose as permitted by these Terms and Conditions. You may not copy, modify, distribute, sell or lease any part of the Wi-Fi Service, nor may You reverse engineer or attempt to extract any source code of any software used by the Wi-Fi Service, unless laws prohibit those restrictions or You have ours or Our Third Party Provider's written permission.
Third Party Services and Websites
You understand and agree that any and all third-party websites and services available to You through the Wi-Fi Service are not under Ours or Our Third Party Providers' control, and in the absence of fraud or negligence on Our part, We are not responsible for such websites and services.
We and Our Third Party Providers reserve the right to takes steps We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Our right to cooperate with any legal process relating to Your use of the Wi-Fi Service, and/or a third party's claim that Your use of the Wi-Fi Service is unlawful and/or infringes such third party's rights). You agree that We have the right, without liability to You, to disclose any Account information, usage records or other information collected by Us to law enforcement authorities, government officials, and/or a third party, as We believe We are required to do or is reasonably necessary or appropriate or to enforce and/or verify compliance with any part of these Terms and Conditions.
The Wi-Fi Service is provided on an "as is" and "as available" basis and We, Our Third Party Providers and Our licensors (collectively, and together with their respective directors, officers, employees, contractors and agents, the "Wi-Fi Service Parties"), do not guarantee, represent or warrant that the use of the Wi-Fi Service will be uninterrupted or error-free, and You acknowledge that from time to time We may remove or limit the Wi-Fi Service or portions thereof for indefinite periods of time or terminate the Wi-Fi Service or portions thereof at any time.
To the fullest extent permitted by law, the Wi-Fi Service Parties expressly disclaim all warranties, express or implied, in connection with the Wi-Fi Service and Your use of them, including but not limited to the implied warranties of quality, accuracy, timeliness, completeness, correctness, non-infringement, reliability, suitability or fitness for a particular purpose. The Wi-Fi Service Parties also disclaim any and all other warranties, express, implied or statutory.
In connection with Your use of the Wi-Fi Service, You expressly agree that the Wi-Fi Service Parties are not responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive or illegal conduct or content, or any infringement of Your or another's rights including, without limitation, privacy and intellectual property rights and You hereby release the Wi-Fi Service Parties from any and all such claims based on the conduct and content of third parties.
The Wi-Fi Service Parties do not represent or guarantee that the Wi-Fi Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
Limitation of Liability
Unless prohibited by law in a particular instance:
(a) Wi-Fi Service Parties disclaim any liability to You or any third party for, and You agree not to make, and You agree to release the Wi-Fi Service Parties from, any claims or damage arising from (i) any errors, omissions, mistakes or inaccuracies in the Wi-Fi Service; (ii) any loss or corruption of, or damage to, any of Your content; (iii) any failure to collect, transmit or display any content; (iii) any service failure, disruption or interruption of any type that renders the Wi-Fi Service either wholly, partially or intermittently unavailable for any duration; and/or (iv) any harmful or malicious code, such as bugs, viruses, trojans or the like, that may be transmitted through the Wi-Fi Service.
(a) Wi-Fi Service Parties are not liable to You or any third party are liable to You or any third party for any indirect, incidental, special, consequential, punitive or exemplary losses, nor any legal fees and expenses or any direct or indirect (i) loss of profit, (ii) goodwill, (iii) income, (iv) use, (v) data or (vi) other intangible losses (even if advised of the possibility of such damages).
(b) The Wi-Fi Service Parties' maximum aggregate liability to You for all claims or damage relating to the Wi-Fi Service are limited to the amount actually paid by You to Us for the Wi-Fi Service session(s) at issue.
(c) If You have a dispute with another user, You release the Wi-Fi Service Parties from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
(d) These limitations of liability apply not only to You, but to anyone using Your Account, to anyone making a claim on Your behalf, and to any claims made by Your family, successors or others arising out of or relating in any way to the Wi-Fi Service.
Nothing in these Terms and Conditions excludes or limits Our liability for fraudulent misrepresentation or for death or personal injury caused by Our negligence.
Some jurisdictions do not allow the exclusion of certain warranties and liabilities. Accordingly, some of the above exclusions may not apply to You.
You agree to reimburse the Wi-Fi Service Parties harmless with respect to any claims arising as a result of Your breach of the Wi-Fi Usage Policy or any prohibited or unauthorised use by You of the Wi-Fi Service.
"Account" means the account You set up with IAG Connect or the Airline in order to access the Portal and its offerings;
"Content" is any emails, messages, files, software, digital media of any nature, on-demand content (including television programmes, movies, clips, graphics, logos, interfaces, layout and/or other audio-visual content), comments, feedback or other data or information that is Transmitted or made available through the Services and includes any HTML tag or other code or metadata which is contained in, linked to, from and around such Content.
"Device" shall mean Your mobile phone, tablet or laptop;
"Portal" shall mean the portal on-board Your flight, available via the screen on Your seat, the onboard intranet services provided by Us and/or via any application made available to You by Us;
"Services" shall mean collectively the Wi-Fi Services and any other services that could be accessed via the Portal or through any application;
"Third Party Provider" shall mean a third party provider providing the Services to You ;
"Transmit" is to upload, download, distribute, transmit or otherwise send or receive Content through the Service;
"Wi-Fi Service" shall mean the Wi-Fi services accessed and purchased by You;
"Wi-Fi Usage Policy" shall mean the separate Wi-Fi usage policy as provided by Us and as may be amended from time to time.