1. INTELLECTUAL PROPERTY RIGHTS

(a) Products and Services. Services are as described on the Website. You understand and agree that some services, may become inaccessible or unavailable at any time and for any reason. The Providers shall have no liability with respect to such inaccessibility or unavailability.
(b) Services Access. Upon Your successful log-in, the WiFi usage time will start running and shall continue for the entire duration for which You have purchased the WiFi service. Some aircrafts may not have WiFi service available onboard due to unforeseen factors. While GLWiFi Services are generally non- refundable, refunds may be considered in the event of complete service failures and unsuccessful login attempts on a case-by-case basis. To request a refund or to provide Your feedback please go to www.GLWiFi.com and provide all the essential information.
(c) Services Duration. The GLWiFi Services can be used while You are flying, for the duration of time specified during the on-line purchase process or on the card You have purchased, and can only be used onboard of the intended aircraft of the participating airlines. GLWiFi Services cannot be used outside of aircrafts.
(d) Chinese Air Space. Please note that all the onboard WiFi networks of participating airlines may be manually turned off by the crew upon entering China’s air space in order to comply with Chinese government rules and regulations.
(e) CAPTCHA. You understand and agree that in order for You to successfully login to the onboard WiFi network You have to succesfully complete a “CAPTCHA” test.
(f) Restrictions on Use: By using the Services, You agree:
i. Not to use this WiFi connection for any illegal or improper purposes;<
ii. Not to spread viruses, malware or to disrupt or unnecessarily afflict hardship on the system;
iii. Not to use the WiFi network to view material that is unsuitable for minors or otherwise inappropriate or offensive; iv. Not to share Your login information with another passenger either by sharing the credentials or by tethering two devices;
v. That You are solely responsible for and should take all precautions for security of Your device.

2. USE OF THE WEBISTE AND THE SERIVCES

(a) Government Regulations. You must comply with all government and airline regulations and instructions, directly or indirectly related to Your use of the GLWiFi Services.

(b) Transmission of Personal Data. You acknowledge and agree that by providing any personal or proprietary user information through the Website, You consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Ava’s standard business practices. You should be aware that Linked Websites may contain transmission of personal data provisions that differ from the provisions provided herein. The Providers are not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

(c) Registration and Account. When registering Your account, You must provide accurate and complete information as requested, including a valid email address.

(d) Username/Password. Ava and/or Gold Line may issue You a username and/or password or login code for access to certain portions of, or services provided via the Website. You must hold and secure any such username or password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. The Providers shall not be responsible whatsoever in the event that Your password is misappropriated by a third party. You must notify immediately of any breach of security or unauthorized use of Your account. Although the Providers will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses incurred by the Providers or others due to such unauthorized use.

(e) Use of Cookies. Ava and or Gold Line reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences. The Ava Privacy Policy provides additional information regarding Ava’s use of cookies.

(f) Use of Personal Contact Information Provided. Ava and/or Gold Line may use the personal contact information collected from You (email address, telephone number of postal address) to contact You for customer service and survey purposes. We may also use Your contact information to send You marketing or promotional materials. You may opt out of receiving promotional and/or marketing materials by following the “Unsubscribe” link once You receive the first such communication.

3. PRICING AND PAYMENT

(a) Pricing. The Services are available at different price points as advertised on the Website. We reserve the right to change the pricing at any time.
(b) Payment Methods. All on-line payments must be made by means of a valid credit card.
(c) Use of Major Credit Cards. Ava accepts major credit cards including, Visa and MasterCard. Please be sure to provide the exact e-mail address, telephone number and the billing address Your credit card bank has on file for You. Incorrect information may cause a delay in processing Your order. If Your credit card transaction is approved, and completed through our payment system, then gets charged back or refused for any reason (Bank Charge Back), You will be charged a $25.00 Chargeback fee to cover our bank charges.

4. REFUND POLICY
(a) General. Other than as specifically provided herein, all sales are final and no refund is provided.

5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
(a) Warranty Disclaimer. The onboard WiFi service is being offered “with all faults“, “as is” and “as available” without any warranty of any kind. The Providers assume no liability for the availability, operativeness, quality and speed of the onboard WiFi Service. Availability, speed, quality and dependability of this service is contingent on several factors that are beyond the control of the Providers, its supplier and the airlines, these factors are including but not limited to:

i. Weather conditions;
ii. The number of users onboard;
iii. The number of aircrafts in the nearby vicinity;
iv. The size of downloads by any or all users;
v. The streaming of video content.

The Providers make no express warranties and any implied warranties, including those of merchantability and fitness for a particular purpose. Except as provided herein, the Providers shall have no liability or responsibility to You or any other person or entity with respect to any liability, loss or damage caused directly or indirectly by use or performance of the product or arising out of any breach of this warranty, including, but not limited to, any damages resulting from intercepted transactions and/or data at any time during and after Your flight; harm done to Your device if You advertently or inadvertently download any malicious software while using the Internet service; inconvenience; loss of time, data, property, revenue, or profit; or any indirect, special, incidental, or consequential damages, even if the Providers have been advised of the possibility of such damages. Some states do not allow the limitations on how long an implied lasts or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to You.

(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AVA AND THE PROVIDER’S TOTAL LIABILITY TO YOU ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL COST PAID FOR THE SERVICES GIVING RISE TO THE CLAIM.

6. GENERAL TERMS.

(a) Notices. Notices by Ava to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to info@ava.com; (ii) Mail and courier deliveries must be sent to: Ava Telecom Ltd., Venitas Place, 6th floor, 65 Court Street, Hamilton, HM 12 P.O. Box 1913, Bermuda.
(b) Governing Law/Forum Selection.
These Terms and Conditions are governed by the laws of Bermuda, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Bermuda in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms and Conditions or this Website.
(c) Written Agreement. These Terms and Conditions constitute a written agreement between You, and Ava. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
(d) Entire Agreement. These Terms and Conditions constitute the entire agreement between You and Ava related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and Ava relating to this Website.
(e) Limitation of Cause of Action. You and Ava agree that any cause of action arising out of or related to the Products or Services must commence within one (1) year after the cause of action arose or be forever barred.
(f) Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.
(g) Assignment. You may not assign Your rights and obligations hereunder. However, Ava’s rights and obligations are fully assignable.
(h) Modifications. Ava has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Ava in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Products or Services, is to cancel Your subscription in accordance herewith. Ava has the right to modify, suspend or discontinue the Website or any portion thereof at any time. Ava may also impose limits on certain features and services or restrict Your access to parts or all of the Website without notice or liability.
(i) Waiver and Severability. The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.
(j) Privacy Policy. It is Ava’s policy to respect the privacy of our users. Please click on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.
(k) Access to Your User Account. You specifically agree that Ava and/or Gold Line may access Your user account where necessary.
(l) Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify Ava’s acceptance of Your order, nor does it constitute confirmation of our offer to sell. Ava reserves the right at any time after receipt of Your order to accept or decline Your order for any reason whatsoever, with no liability whatsoever
(m) Termination. Ava may terminate Your access to any part or all of the Services at any time, if Ava decides in its sole and absolute discretion for any reason whatsoever to do so, Provider’s total and absolute liability to You will be to refund the unused cost of the Products or Services less any claim for set-off Ava may have against You.
(n) Violations. Ava reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Website.

© 2014 Ava Telemanagement, Inc.. All Rights Reserved.