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.

2.2 Redemption Period: from the time the product start redeeming in official website of China Southern to 2 hours before the scheduled departure of flights.

2.3 Product validity: from the time when a passenger redeems mileage for inflight Wi-Fi services on the China Southern Airlines official website to the landing of his flight.

2.4 Applicable flights: those that have flight number starting with "CZ", are carried by China Southern and provide inflight Wi-Fi service. The flight information can be found through the official website and APP of China Southern.

2.5 Applicable tickets: passengers need to first purchase tickets for flights in Section 2.4.

2.6 Service object:only the passengers registered as SkyPearl members are eligible for redemption. Members may redeem for inflight Wi-Fi products for themselves and their transferees.

2.7 Product content: passengers redeem mileage for inflight Wi-Fi access, and China Southern Airlines provides passengers with corresponding inflight Wi-Fi services.

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 for your personal use only in compliance with the 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 an order takes effect, if the redeemed inflight Wi-Fi Services is not used, the mileage refund rules are subject to 10. Mileage Refund Rules herein.

4.3 Definition of unused service: upon flight arrival, China Southern will verify passenger traffic usage based on traffic data provided by the operator, and those who use traffic less than 1M will not be deemed to have used the Service.

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 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.

10.2 Inflight Wi-Fi product is non-endorsable. 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.

10.3 After the ticket corresponding to inflight Wi-Fi product is changed or refunded, the product is open for mileage refund from 2 hours before the scheduled flight departure to 30 days after the landing of the flight. If a mileage refund request is not submitted before the scheduled flight departure, China Southern Airlines will automatically refund the mileage after the landing of the flight.After the ticket is changed, the inflight Wi-Fi product will not be applicable to the changed ticket. If you need inflight Wi-Fi service on the new flight, you shall rebook.

10.4 You may log in China Southern APP to apply for a refund within 2 hours before scheduled departure after redeeming the inflight Wi-Fi product.

10.5 If the flight may not be able to provide inflight Wi-Fi service before taking off due to adjustment of the aircraft type or airplane tail number changing, China Southern will automatically refund the passengers after the flight arrives.

10.6 Upon flight arrival, China Southern Airlines will check the traffic usage by passengers and automatically initiate mileage refunds to those who have not used the inflight Wi-Fi product(traffic usage does not exceed the threshold of 1MB on an involuntary and voluntary basis). The time limit for mileage refund after arrival is within 30 days upon flight arrival.

11. Obligations of Both Parties

11.1 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.

11.2 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 be responsible for corresponding mileage refund.

12. Force Majeure

12.1 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.

13. General Provisions

13.1 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.

13.2 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.

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

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

13.5 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.

13.6 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.

14. Definition and Interpretation

14.1 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, organizations and affiliates;

"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.

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