The Use Agreement on Inflight Wi-Fi Product and Service

1. Agreement

1.1 This Agreement and the amendments to this Agreement (collectively referred to as the "Agreement") constitute an agreement between China Southern Airlines Company Limited (hereinafter referred to as "China Southern") and you in respect of inflight Wi-Fi service provided by China Southern on flights carried by China Southern (hereinafter referred to as the "Service").

1.2 Click "I have read and accept the Use Agreement on Inflight Wi-Fi Product and Service " to indicate that you have read, understood, and confirmed your consent to be subject to, the Agreement.

1.3 If you use the Service, you will be subject to any additional policies and guidelines that may be added at any time in relation to the use of the Service (collectively referred to as "Additional Policies"). These Additional Policies will be part of the Agreement and all references hereto will include these Additional Policies.

2. Product

2.1 Inflight Wi-Fi product: inflight Wi-Fi Services provided by China Southern Airlines for passengers who have redeemed for the inflight Wi-Fi product.China Southern Airlines provides inflight internet service for passengers who have redeemed for the corresponding products. Inflight Wi-Fi products can only be used on flights that are operated by CSAIR and available with inflight Wi-Fi service (hereinafter referred to as “CSAIR Wi-Fi flights").

2.2 Product Content: China Southern Airlines provides inflight Wi-Fi service products as shown in the following table, and for the specific products, please refer to the official website.

Product

Service Restrictions

Member’s exclusive Internet access package

For web browsers and applications (except for high-traffic websites and applications such as software downloads, videos, games, system updates, cloud storage, etc.),the connection speed will slow down after exceeding 30M.The product will become effective upon redemption, with a validity period of 1 year; it can be used once during the validity period (applicable to CSAIR flights available with inflight Wi-Fi service).

Member’s Internet access package for designated use

1.Only applicable to domestic routes with Wi-Fi access,For Wechat text and voice messages (excluding video calls and voice calls), and text and thumbnails viewing in WeChat Moments; the connection speed will slow down after exceeding 5M. The product will become effective upon redemption, with a validity period of 1 year; it can be used once during the validity period.

2.Exclusive rights and interests of new members: New members who join in the Sky Pearl Club membership within one month (accurately counting from the day that passengers book the inflight Wi-Fi service products) can receive member’s Internet access package for designated use once for free after completing the real name authentication. The reservation process is consistent with the booking process of member’s Internet access package for designated use, and the system won’ t deduct passenger’ s mileages. The product will become effective upon redemption, with a validity period of 30 natural days; it can be used once during the validity period.

Exclusive monthly card (for both domestic and international flights)

For web browsers and applications (except for high-traffic websites and applications such as software downloads, videos, games, system updates, cloud storage, etc.),the connection speed will slow down after exceeding 100M.This product cannot be changed or returned, and becomes valid once redeemed, with a validity period of 30 natural days, the number of uses during the validity period is not limited.

Exclusive monthly card (for domestic flights)

Only applicable to domestic routes with Wi-Fi access,For Wechat text and voice messages (excluding video calls and voice calls), and text and thumbnails viewing in WeChat Moments; the connection speed will slow down after exceeding 30M. This product cannot be changed or returned, and becomes valid once redeemed, with a validity period of 30 natural days, the number of uses during the validity period is not limited.

2.3 Product validity

(a)Member’s exclusive Internet access package and member’s Internet access package for designated use(except for exclusive rights and interests of new members) are valid within 30 natural days since the passengers redeem mileages for the inflight Wi-Fi service products on the official website of China Southern Airlines.During its validity period, the product can be used once on a CSAIR Wi-Fi flight. Mileage refund is not allowed after the product becomes expired.

For example, the passengers successfully redeem for the Member’s exclusive Internet access package at any time on September 30, 2019, and the product takes effect immediately which is valid for 1 year. In other words, the Member’s exclusive Internet access package is valid before 23:59 on September 30, 2020 and will be invalid from 00:00 on October 1, 2020. (The period of validity is calculated according to Beijing Time).

(b)The exclusive monthly card (for both domestic and international flights) and exclusive monthly card (for domestic flights) are valid within 30 natural days since the passengers redeem mileages for the inflight Wi-Fi service products on the official website of China Southern Airlines.

For example, the passengers successfully redeem for the exclusive monthly card at any time on September 30, 2019, and the monthly card takes effect immediately which is valid for 30 natural days. In other words, the exclusive monthly card is valid before 23:59 on October 30, 2019 and will be invalid from 00:00 on November 1, 2019. (The period of validity is calculated according to Beijing Time).

(c)Member’s Internet access package for designated use(for exclusive rights and interests of new members)are valid within 30 natural days since the passengers redeem mileages for the inflight Wi-Fi service products on the official website of China Southern Airlines.

2.4 Priority on product use: Each passenger is only allowed to use one inflight Wi-Fi product only on one single flight.If the passengers book various inflight Wi-Fi service products at the same time, the priority of product deduction from high to low is shown as follow: Exclusive Monthly Card (for both domestic and international flights) - Member’s Exclusive Internet Access Package - Exclusive Monthly card (for domestic flights) - Member’s Internet Access Package for Designated Use. For example: If the passengers redeem for the exclusive monthly card (for both domestic and international flights) and member’s exclusive Internet access package at the same time, it will be defaulted by system that the passengers are using the exclusive monthly card (for both domestic and international flights) on the internet navigation.

2.5 Applicable flights: those that have flight number starting with "CZ", are carried by China Southern and provide inflight Wi-Fi service. For detailed flight information, please visit CSAIR official website and APP. (Service validity and flight information are for reference only; actual operating aircrafts and their tail numbers shall prevail)

2.6 Applicable tickets: passengers need to first purchase tickets for flights in Section 2.5.

2.7 Service object:The passengers shall register as the members of the Sky Pearl Club and complete the real name authentication when redeeming for the inflight Wi-Fi service products.Inflight Wi-Fi service productsare only reserved and used by the members themselves.

2.8 Product flow threshold limit: in order to ensure a fair use experience of every passenger, China Southern Airlines has set a threshold limit for the product. If the traffic exceeds the threshold, passengers are required to re-login for authentication and the network speed afterwards will be limited.

2.9 Mileage Redemption Standard: the mileage redemption standard of the inflight Wi-Fi product is subject to what is displayed on the official website.

3. Service

3.1 The service is only available for members themselves and assignees in compliance with this Agreement.

3.2 Identity information will be part of the secure login service process. Please keep this information confidential to ensure that only the actual users (including purchasers,:if a passenger redeem for himself, then he is the actual user of the Services; if a passenger redeems for his transferee, then the transferee is the actual user of the Services.) can be connected to the Service through the account. If you find any unauthorized use of the account of actual user, please notify the China Southern immediately. Any breach of the Agreement and/or any breach of the Agreement by a third party through the login information disclosed by you shall be deemed to be your act and you shall be held liable.

3.3 You acknowledge and agree that:

(a) You will comply with the relevant laws and regulations of China and all network protocols, regulations and procedures relating to network services;

(b) You will not use the Service for any unlawful purpose;

(c) You are willing to accept personal privacy, security and confidentiality and other risks arising from the use of the Service's wireless networking technology and inherent defects;

(d) Your use of the Service will be limited by the number of devices connected to the Service and the network speed;

(e) You will solely bear the risk of use of the Service, and be responsible for all your use, and any loss or liability arising from your use.

4. Effective Orders

4.1 Definition of effective order: when you confirm the order according to the system prompt after redeeming inflight Wi-Fi service, and complete mileage redemption or cash payment, the order will take effect immediately and has legal effect.

4.2 After the order goes into effect, the subscription cancellation of inflight Wi-Fi service products shall be handled according to the Article 10.Mileage Refund Rules under this Agreement.

5. Acceptable Use Policy

5.1 You shall ensure that your use of the Service is not unlawful, obscene, abusive, intimidating, defamatory, or infringing on personal privacy or the intellectual property of others, or otherwise causing damage or loss to third parties.

5.2 Subject to Section 5.1 above, for your use of the Service, you agree:

(a) not to harm or threaten to harm any person or institution in any way;

(b) not to disseminate or accept virus software, political information, commercial advertisements, chain letters, spam, or any other information about 'fraud' and/ or prohibited content;

(c) not to impersonate any person or institution, or misrepresent your identity or status, or misstate your relationship with any person or institution;

(d) not to falsify titles, or modify text or punctuation marks to hide, and disseminate with the help of the Service, any information;

(e) not to abuse and/ or misuse the Service in a manner that China Southern thinks inappropriate;

(f) not to interfere with or disrupt the Service or any server or network associated with the Service, or violates any regulations, procedures, network connection service policies or rules;

(g) not to attack the Service or any related computer system, or occupy too much traffic to prevent other users from using and enjoying the Service;

(h) not to track, or harass, threaten or infringe on the rights and interests of others;

(i) not to collect, use, disclose and/or process any third party's personal information in violation of the law or without the approval or consent of the third party;

(j) not to arrange or design programs that automatically log in to the Service;

(k) not to harm the reputation of China Southern.

6. Your Personal Information

6.1 China Southern will keep confidential the personal information provided by you, and shall not disclose, tamper with, destroy, sell or illegally provide to others unless otherwise agreed upon in the Privacy Notice and the Agreement.

6.2 When you accept the Agreement, you will be deemed to agree that China Southern and other individuals and institutions associated with the Service collect, use, disclose and process your personal information and/ or MAC addresses for the following purposes:

(a) To provide services related to this Agreement;

(b) To make disclosure to comply with the requirements of applicable laws, regulations and legal procedures or mandatory government requirements;

(c) To make disclosure to enforce appropriate terms of service (including investigations into possible irregularities);

(d) To make disclosure to find, prevent or deal with fraud, security or technical issues;

(e) To make disclosure to protect the rights, property or safety of other users or the public to the extent required or permitted by law.

6.3 China Southern will take appropriate measures to accurately record your personal information, which will require you to provide accurate and complete personal information and to update in real time.

7. Intellectual Property Right

7.1 You recognize the rights and benefits associated with any intellectual property covered by the Service, including but not limited to, layout, data, information, text, graphics, images, photographs, designs, trademarks, brands, websites and the content provided by a third party authorized by China Southern, is owned by China Southern or a third party authorized by China Southern, if applicable. All rights will be reserved, and the rights not expressly granted here shall be deemed to be expressly denied.

8. Use of the Service by Minors

8.1 If you use the Service, China Southern will deem and be convinced that you are 18 years old and above or that you have the permission of your parents or legal guardians, and that they have fully agreed to all the terms of the Agreement on your behalf.

8.2 If you are a parent or legal guardian of a minor under 18 years old, you should carefully monitor the use of your child.

9. Statement and Disclaimer

9.1 The Service is provided on an "AS IS" basis, without any warranties, express or implied. China Southern does not make any warranties for the Service, including the availability of service, the speed at which data is received and sent and the quality of service, fitness for a specific purpose, accuracy, and not-infringement on the rights and interests of third parties.

9.2 Due to the limited on-board network bandwidth, the connection service of large traffic websites and applications, including software downloads, online audio and video, online games, Apple and Android updates and cloud storage, are not available for the time being in order to prevent heavy traffic applications from causing network congestion and affecting the Internet experience.

9.3 China Southern is unable to control any content on the network and will not bear any responsibility for it. You will be solely responsible for all responsibilities and risks generated through the Service and contact with the network, as well as the accuracy, completeness and usefulness of the quality and purchase of all goods (if any), services, products and other information which are provided by the Service or network.

9.4 As inflight Wi-Fi service may have an impact on flight safety in some extreme cases, you are requested to obey the arrangements of the crew during the flight to ensure the safety of flight and communications, and China Southern has the right to suspend the Service without any liability.

9.5 Whether or not there is an agreement to the contrary in this Agreement, subject to the provisions of the law, China Southern or its affiliates, or their respective directors, officers, employees, agents, contractors, suppliers, operators or licensors (collectively referred to as "China Southern Associated Person") may not be liable for any of the following matters:

(a) Conditions, warranties, clauses and other provisions stipulated by all laws and regulations, including but not limited to, the requirements for accuracy, reliability, marketability, satisfaction, service quality, fitness for a particular purpose, non-infringement on the rights and interests of third parties, and the protection of such service from the impact of viruses and other potentially harmful factors;

(b) Any claims, losses, damages or liabilities (however arising) relating directly or indirectly to the use of the Service, including but not limited to data, documents, profits, goodwill, expected balances, reputations, loss of business or business opportunities, and/ or any direct or indirect loss or damage (whatever the cause, and even if we have been informed of the possibility of loss or damage).

If the limitation of liability referred to in this article is held null and void by any applicable law, the liability of China Southern and China Southern Associated Person shall be maximum limitation of liability stipulated by law.

Notwithstanding any agreement to the contrary in the Agreement, subject to the provisions of the law, nothing herein shall support your claim against China Southern for your loss caused by a third party.

10. Mileage Refund Rules

10.1 The exclusive monthly card (for domestic and international flights) and exclusive monthly card (for domestic flights) and Member’s Internet access package for designated use(for exclusive rights and interests of new members) will be valid immediately once the redemption is completed. No mileage refund can be claimed.

10.2 Member’s exclusive Internet access package and Member’s Internet access package for designated use become valid immediately upon redemption, with a validity period of one year. Mileage refund is not allowed after the product becomes invalid (including it is used or expired).

10.3 The inflight Wi-Fi maybe out of service due to some unpredictable circumstances, including but not limited to aircraft adjustment, airplane tail number changing,equipment maintenance, system upgrading, and device/browser compatibility, which is subject to the actual conditions of flights.For passengers who have not used the inflight Wi-Fi product (traffic usage does not exceed the threshold of 1MB on an involuntary and voluntary basis), they may use it on other CSAIR flights available with inflight Wi-Fi service during the validity period, or return the product via the CSAIR APP(except for the exclusive monthly card and exclusive rights and interests of new members).

10.4 Only SkyPearl members who have redeemed for inflight Wi-Fi Services are allowed to refund mileage. If you are not the user having redeemed for the inflight Wi-Fi Services, the system will prompt that you cannot request for mileage refund.

10.5 Inflight Wi-Fi product is non-endorsable to foreign flights. If you are voluntarily or involuntarily transferred to a flight of the airlines other than China Southern, inflight Wi-Fi product is not available on such a flight.

11. Special Notice on Redeeming Inflight Internet Services during Flight

11.1 When you are redeeming for the Inflight Internet Services with CSAir mileage on the ground, verification via SMS verification code is required. However, due to network restrictions on board, your mobile phone cannot receive SMS verification codes. Therefore, you have to confirm and authorize CSAir to redeem for the Inflight Internet Services during the flight without verifying your SMS verification code, and the required mileage will be deducted from your Sky Pearl membership account.

12. Obligations of Both Parties

12.1 Your obligations

(a) You should provide China Southern with effective contact information to facilitate the receipt of SMS, telephone or e-mail from China Southern under special circumstances.

(b) You should carefully read and understand all the terms of the Agreement.

12.2 Obligations of China Southern

(a) China Southern provides inflight Wi-Fi service by order.

(b) China Southern Airlines should inform you of the redemption, use and refund rules applicable to the inflight Wi-Fi product.

(c) In case of failure to use the inflight Wi-Fi product caused by China Southern Airlines, China Southern Airlines shall refund the mileages according to article 10. Mileage Refund Rules above.

13. Force Majeure

13.1 Either party will not be held responsible for failure to perform or continue to perform the effective order due to the event of force majeure (including earthquakes, typhoons, lightning strikes, floods, fires, wars, acts of government, hacking attacks, and technical control of the telecommunication department), unless otherwise stipulated by law.

14. General Provisions

14.1 Entire agreement: this Agreement (including Additional Policies) constitutes the entire agreement between you and China Southern on the subject matter of this Agreement. You acknowledge and agree that you don't rely on any warranties, commitments or guaranties not mentioned herein to accept this Agreement.

14.2 Severity: if any court holds that any provision of the Agreement is invalid, illegal or unenforceable for any reason, you agree that the remaining provisions of the Agreement are still in force and performed to the extent permitted by law so that the intention of the parties can be satisfied.

14.3 Illegality: the illegality, invalidity or unenforceability of any provision of the Agreement shall not affect the legality, validity or enforcement of other provisions.

14.4 Assignment/ transfer: you may not assign or transfer all or any part of rights under the Agreement.

14.5 Remedy and waiver: failure or delay of China Southern to exercise or perform any provisions, rights or remedies under the Agreement shall not be deemed a waiver, nor single or partial exercise of such rights or remedies shall preclude China Southern from further exercising such rights or remedies in the future, or other rights or remedies. Rights and remedies of China Southern in the Agreement are cumulative and may not exclude any rights and remedies granted to China Southern by law.

14.6 Applicable law and dispute settlement: this Agreement shall be governed by the laws of the People's Republic of China. Any dispute relating to the Agreement or condition shall be submitted to the competent court for settlement by litigation.

15. Definition and Interpretation

15.1 Unless the context otherwise states, the terms used in the Agreement shall have the meaning ascribed to it as below:

"China Southern" means China Southern Airlines Company Limited and its branches and organizations;

"Personal Information" means individual data identified by China Southern from data, or other information held or available to China Southern, whether correct or not;

"Prohibited Content" means content that is contrary to public interest, public morality, public order, public safety or national harmony, or other content prohibited by applicable law.

15.2 Unless the context otherwise requires, singular words shall contain plural meanings, or vice versa. Masculine words shall contain feminine and neutral meanings.