PLEASE READ THE AGREEMENT CAREFULLY BEFORE ESTABLISHING AN ACCOUNT OR USING THE SERVICE.
NOTE: THE FOLLOWING PARAGRAPH DOES NOT APPLY IN CIRCUMSTANCES IN WHICH THE LAWS APPLICABLE IN THE
RELEVANT JURISDICTION (INCLUDING BRAZIL, THE PROVINCE OF QUÉBEC AND THE UNITED KINGDOM) PROHIBIT ITS APPLICATION.
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY ISPUTE RELATED TO THE SITE, THE DOMAIN, THE SERVICE OR YOUR ACCOUNT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
1. Use of the Service
Generally. In order to use the Service, you must either (a) create aservice account (“Account”) by registering on the Site or the Domain tobecome a registered user of the Service (a “Registered User”); (b) signin to or use the Service as a Guest Partner User (as defined below),through an existing account with a Guest Partner (as defined below); or(c) become a Guest User or Promotional User (as defined below). A“Guest Partner” is a company that has an agreement with Gogo Juiceto provide the Service to its customers (“Guest Partner Users”) underthe terms of this Agreement. If you are a Guest Partner User, you mustcomply with your agreement with the applicable Guest Partner (inaddition to this Agreement). From time to time, we may offer theopportunity to access the Service without creating an Account. Forexample, we may offer the opportunity to access the Service as a guest,without creating an Account (“Guest Access”) or as part of a promotion(“Promotional Access”). If you gain Guest Access to the Service, youare a “Guest User” under this Agreement. If you gain PromotionalAccess to the Service, you are a “Promotional User” under thisAgreement. Registered Users, Roaming Partner Users, Guest Usersand Promotional Users shall collectively be referred to herein as“Users.” The right to use the Service is personal to you as the User and is not transferable to any other person. All Users must comply with thisAgreement.
Gogo Juice Account. By creating an Account, you represent and warrant that: (a) all registration information for your Account (including, without limitation, your payment information) that you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. When you register to establish an Account, you will also be asked to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, login name, or password of another User. You agree to notify Gogo Juice immediately if yoususpect any unauthorized use of your Account or access to your password. You are solely responsible for any and all use of your Account, including, without limitation, any fees that accrue for any use of your Account.
Payment Methods. Use of the Service requires payment. Gogo Juice currently accepts Visa, MasterCard, American Express, and Discover cards. We also accept which the Service is available debit cards displaying the Visa or MasterCard logo. Cardholders are subject toapplicable international fees (see Section 5, “Fees and Charges”, for details on fees (including international fees) and other charges which may be applicable in connection with your use of the Service). Gogo Juice also accepts Gift Cards (as defined below), e-Gift Certificates (as defined below), promotion codes, and Gogo Juice Service Credits (as defined below). See the Section below entitled “Gogo Juice Promotion Code & Gift Card Usage” for specific terms and conditions governing Gogo Juice Gift Cards, e-Gift Certificates, promotion codes, and Gogo Juice Service Credits.
Restrictions. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your Service connection with anyone, or authorize any other individual or entity to use the Service via your Account or through your Guest Access orPromotional Access. Unless otherwise disclosed to you prior to purchase, the Service may not be accessed simultaneously through multiple devices and only one compatible laptop, personal digital assistant, smartphone or other handheld device capability may be used at a time via your Account, Guest Access or Promotional Access to operate the Service. Guest Access is limited to the device initially used to access the Service. In places where the option to create an Account is available, Guest Users must create an Account using that devicebefore they can switch to a different device to access the Service. You agree that sharing the Service with another person or providing another person access to the Service through your Account, Guest Access or Promotional Access breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific connection area’s, log-in name, or password that you use in connection with the Service. We will assign you an connection ID each time you access the Service, and it may vary. You shall not program any address into your device. The Service is only available on certain equipped locations. You may use the Service only when the use of electronic devices is permitted by the applicable.
Hardware Requirements. You’ll need a compatible laptop, personal digital assistant, tablet, smartphone or other handheld device with WI-FI capability to enable operation of the Service. It is your responsibility to make sure the device being used to connect to the Service has a WI-FI radio connection. You are responsible for any fees or charges associated with the device and the use of the device. You must ensure your device is compatible with the Service. Again, unless otherwise disclosed to you prior to purchase, the Service may not be accessed simultaneously through multiple devices. Additionally, as explained in“Restrictions” above, Guest Access is limited to the device initially used to access the Service.
Additional Service. Gogo Juice will not require the User to purchase any additional products or services. Services in addition to the basic Service may be subject to additional terms and conditions. Gogo Juice will inform you of any such additional terms and conditions when yousign up for such additional services. Except as otherwise provided by such additional terms and conditions, any additional services will be considered part of the Service and are subject to the terms of this Agreement. Additionally, the User shall be able to cancel any additionalservice, without cancelling the basic Service.
2. Gogo Juice Promotion Code & Gift Card Usage
Any purchase of Gogo Juice connectivity service on pre-flight basis may be fulfilled through a Gift Card, an e-Gift Certificate, a promotion code or a Service Credit.
Gogo Juice Promotion Code Use
We use Gogo Juice promotion codes to allow you to redeem certain promotional offers available from Gogo or authorized third parties while inflight on a Gogo-equipped aircraft, as well as any Gogo Gift Cards and e-Gift Certificates that you purchase from www.gogojuice.net or that you receive from a friend. A Gogo Juice promotion code consists of a string of letters, numbers or both and can be found on promotional media(emails, promotional certificates, advertisements, etc.) that you may receive from Gogo Juice or from an authorized third party. All Gogo Juice promotion codes are subject to the following terms, in addition to any terms printed on the applicable promotional med
- A Gogo Juice promotion code provides access to the Service for a limited duration, as described on the promotional media.
- A Gogo Juice promotion code may be redeemed only during the period shown in the selected promotional media.
- You must have an Account and be a member to redeem a Gogo Jucie promotion code.
- Enter the Gogo Juice promotion code in the space provided for promotion codes on the applicable Gogo Juice purchase page.
- After clicking on “Apply,” a discount will automatically be applied to the order as long as the Gogo Juice promotion code is valid.
- If the Gogo Juice promotion code is for a partial discount, you will be asked to pay the balance displayed on the order summary with a credit card. Once entered, your credit card will be charged immediately for such balance. The total price charged will include taxes and fees.
- A Gogo Juice promotion code is applied to your entire purchase. Only one promotional offer can be used at a time.
- No adjustments can be made to prior purchases.
- Gogo Juice promotion codes have no cash value and cannot be redeemed for cash or assigned or transferred for value, in whole or in part.
- Gogo Juice service credits (also referred to as “passes”) are deposited directly into your Gogo Juice Account and provide access to the Service for a limited duration (“Gogo Juice Service Credits”), as described at the time of purchase.
- Each Gogo Juice Service Credit is a limited license to access the Service. Each license allows you to access the Services during a specified period following purchase of your pass(es) (a month, a year, or such other time period as may be specified) (the “License Term”) for the level or duration of the Service (either a specified period of time, one flight segment, or a flight between two specified cities) specified with your purchase. The purchase and sale of each limited license is completed when the pass is placed in your Account. Each license has no cash value and cannot be refunded, transferred or assigned. After the License Term has expired, the pass representing each license will no longer appear in your Account.
- You must have an Account to access Gogo Juice Service Credits.
- Once on an eligible Gogo Juice – service area, you must log into
your Account to access your Gogo Juice Service Credits.
- Gogo Juice Service Credits have no cash value and cannot be
redeemed for cash or assigned or transferred for value, in whole
or in part.
Gogo Juice Gift Card and e-Gift Certificates
“Gift Card,” as used in this Agreement, refers to the Gogo Juice Gift Card. “e-Gift Certificate,” as used in this Agreement, refers to electronic gift certificates purchased at www.gogojuice.net.
Purchasing a Gift Card or e-Gift Certificate
Gift Cards and e-Gift Certificates may be purchased only on line at www.gogojuice.net. If you purchase a Gift Card, it will be sent to you at the address you provide and will include a number that can be used to make purchases only while in-flight on a Gogo Juice-equipped aircraft. If you purchase an e-Gift Certificate, one or more Gogo promotion code will be sent to the email address and that code(s) can be used to make purchases only while in-flight on a Gogo-equipped area. If the purchaser of the e-Gift Certificate intends to give it to another person, then the purchaser will have to provide identifying information about the recipient, including a working email address, at the time of purchase. The Gift Card and e-Gift Certificate are not credit cards, charge cards or debit cards. The Gift Card and e-Gift Certificates are loaded with a specific number of credits as indicated on the face of the Gift Card or in the e-mail accompanying the e-Gift Certificate. There is no set ratio of cash value to credits. The credits that are loaded onto the Gift Card or e-Gift Certificate available for redemption are referred to here as the “Available Credits.” Each Available Credit is redeemable for any applicable Flight Pass (i.e., a pass for access to the Service for theduration of a single flight segment) or Time Pass (i.e., a pass for access to the Service for a specified period of time) referred to here as “Eligible Passes.” No activation is necessary to use your Gift Card or e-Gift Certificate, however use of Available Credits does require that the user create an account at www.gogojuice.net. The Gift Cards and e-Gift Certificates do not expire, though Available Credits may be subject to U.S. state unclaimed property laws if left unused or unclaimed for applicable periods as defined by statute. No dormancy or service fees apply with regard to your use and maintenance of the Gift Card or e-GiftCertificat
Use of Your Gift Card or e-Gift Certificate
Gogo Juice Gift Cards and e-Gift Certificates are only redeemable in, on Gogo Juice-equipped area.. Be sure to bring a copy of your gift card promotion code with you, as this is the best way to ensure access to your Available Credits. If you forget to bring your promotion code, simply chat with us via the “chat with us” and a customer service representative will attempt to help you retrieve your code. To redeem Available Credits for Eligible Passes, you simply sign into your Account (or create an Account and sign in) and enter the promotion code on the Gift Card or e-Gift Certificate in lieu of a credit or debit card number. The Gift Card or e-Gift Certificate can be used to pay the full amount of the Eligible Pass and applicable taxes, so long as there is an Available Credit. The Gift Card or e-Gift Certificate can only be used to purchase Eligible Passes. Available Credits cannot be used as partial payment for any other Gogo Juice product or service. As you use the Gift Card or e-Gift Certificate, the Available Credits will be reduced by one credit for every Eligible Pass selected. The Gift Card or e-Gift Certificate cannot be “reloaded” with value as the Available Credits are drawn down.
Lost or stolen Gift Cards or e-Gift Certificates
We suggest that you write down your Gift Card or e-Gift Certificate promotion code and keep it in a safe place. You should be aware that, except in circumstances where barred by law, lost, stolen, or destroyed Gift Card or e-Gift Certificates, or their associated promotion codes, will not be replaced or refunded. You should keep your Gift Card or e-Gift Certificate secure and treat it like cash.
Redemption and Refunds
Your Gift Card or e-Gift Certificate is not, except where required by law, refundable or redeemable in cash.
Redemptions of Available Credits for Eligible Passes using your Gift Card or e-Gift Certificate, consistent with the terms of the www.gogoair.com web site, are final. Returns are not available and redeemed credits will not be reinstated to your Gift Card or e-Gift Certificate.
No Warranty of Availability or Uninterrupted Use
From time to time the Gift Card, e-Gift Certificate, or the Gogo Juice system may, for technical reasons, be inoperative, and when this happens, you may be temporarily unable to use your Gift Card or e-Gift Certificate. Please contact Gogo Juice customer service:
- by phone at 1-877- 0000000 (USA) by email at firstname.lastname@example.org (US) via the “chat with us” link
- if you have any problems using your Gift Card or e-Gift Certificate or for any other inquiry related to your Gift Card or e-Gift Certificate.
We may cancel your Gift Card or e-Gift Certificate on the basis of objective reasons. If we cancel your Gift Card or e-Gift Certificate, Gogo Juice will send you an email to the email address the purchaser provided at the time of purchase notifying you of the cancellation and requesting a current mailing address. If you provide a current mailing address, the percentage of the purchase price represented by each Available Credit will be returned to you by check.
Information We Collect
As part of providing you with the Gift Card or e-Gift Certificate, Gogo Juice may collect and obtain certain information (including personal information) about and from you, including:
- Information provided by the purchaser, such as name, address, and email address;
- Information about a recipient of the Gift Card or e-Gift Certificate, such as name, address and email address; and
- Information about redemptions you make with the Gift Card or e-Gift Certificate, such as the date of the redemption of credits and the type of Eligible Pass selected.
3. Term and Termination
This Agreement will commence upon your first access to the Site or use of the Service and will remain in full force and effect unless and until: (a) your Account is terminated as provided herein; (b) you discontinue your use of the Service, if you are a Guest Partner User, Guest User or Promotional User; (c) the Guest Access period ends, if you are a Guest User; or (d) the Promotional Access period ends, if you are a Promotional User. You may terminate your Account at any time, for any reason by: (a) cancelling via the “chat with us” link; (b) by calling us at 1.877.000.0000 within the USA emailing customer careat email@example.com (US) deleting your payment card information from “My Account.”
Gogo Juice reserves the right to terminate or restrict your use of the Service, without notice, for any violation of this Agreement, or the rules referenced herein, whatsoever.
You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account. Gogo Juice will not have any liability whatsoever to you for any termination of your Account or theService, or related deletion of your information. To the extent permitted by applicable law, Gogo Juice may modify, suspend or discontinue the Service at any time, where we reasonably consider this to be necessary. You understand that certain terms of this Agreement will survive termination of this Agreement, as explained in “Survival” in Section 13 of this Agreement.
4. Fees and Charges
Generally. If you are a Guest Partner User, you must pay all applicable fees for the Service to the applicable guest Partner. If you are not a Guest Partner User, this Section applies to you. You agree to pay to Gogo Juice all applicable fees for the Service, including, but not limitedto, the fee for the applicable subscription (e.g., one-time use, daily, monthly, annually), taxes, and other charges (such as sales, use, excise, public utility and other taxes) levied by domestic or foreign governments. Gogo Juice reserves the right to change the fees fromtime to time in its sole discretion (see “Price Adjustments,” below). The fees for the Service are billed to the payment card you have provided. You may also be subject to fees or charges (including, without limitation, cross-border fees and foreign currency conversion fees) levied by third parties (including, without limitation, the bank that issued your paymentcard), which may be charged based on one or more factors, including, without limitation, the payment card issuing bank’s country of origin and the currency in which your payment card is denominated. We care about satisfying our customers, and if you have an unsatisfactoryexperience, we’d like to hear from you. Please contact Gogo Juice customer care at firstname.lastname@example.org (US)
Billing and Payment of Charges. You hereby authorize Gogo Juice (through its payment card processing service provider) to charge the payment card you provide in your Account , or at the time of purchase if purchased as a Guest User. Gogo Juice will send you a receipt to youremail address listed in your Account or to the email address you provide to gain access as a Guest User. In addition, we may use a third party account updater service that updates expired or replaced payment information (such as new payment card numbers and expiration dates) based upon information provided by the cardholder’s payment card issuer. If your payment card number or expiration date has changed from the information provided in your Account, you authorize Gogo Juice to obtain updated or replacement payment information (including through its account updater service provider) in order for us to proceed with the billing and payment process described herein.
Recurring Charges/ Automatic Renewal Conditions. When available, if you purchase a monthly subscription (including without limitation a Gogo Juice Multi-area Plan, Gogo Juice Global Plan an annual subscription (including without limitation, a Gogo Juice Multi-area Plan, Gogo Juice Global Plan, you agree that your payment card will automatically be charged by Gogo juice (through its payment card processing service provider) each month (for a monthly subscription), or each year (for an annual subscription) at the then-current applicable subscription rate (see Price Adjustments, below), until you cancel yoursubscription or until prohibited by applicable law. Gogo Juice reserves the right to suspend the Service if applicable law no longer permits automatic renewals and Gogo juice has not received your required consent. You may cancel your monthly or annual subscription bycontacting Gogo Juice Customer Care (via phone: 1.877.000.0000 (USA) or email: email@example.com (US) at any time. Products causing recurring charges are only available for purchase on select partner airlines. If you wish to terminate your subscription and avoid a charge for the subsequent month (for a monthly subscription) or for the next year (for an annual subscription), you must do so at least two (2) days before the monthly (or annual) renewal date of your subscription. (The monthly renewal date is thesame day of the month that you first subscribed; the annual renewal date is the same day of the year that your first subscribed). If you do not cancel at least two (2) days before the monthly (or annual) renewal date for your subscription, but you do cancel before your monthly (or annual) renewal date, contact Gogo Juice for a refund. If you cancel after yourmonthly (or annual) renewal date, you may be charged for that month (for a monthly subscription) or for that year (for an annual subscription) and your cancellation would then be effective the following month (or year, as applicable), subject to applicable law. You may use the Service until your cancellation is effective. Gogo Juice will not send you a monthly or annual statement. Receipts for recurring charges can be viewed and printed from ‘My Account’ at Gogojuice.net. If you revoke authorization to charge your payment card, or if for any reason your payment card issuer does not submit payment, Gogo Juice will cancel your subscription or suspend your use of the Service. Please note that subscription plans may not be available on some airline partners’ flights. Please contact Gogo Juice Customer Care for more information.
Price Adjustments. Gogo Juice may modify its prices at any time. If Gogo modifies its price for any monthly or annual subscription which renews automatically, Gogo Juice will give you notice of the new prices at least thirty (30) days before the beginning of the renewal term inwhich the prices will be effective. If you have received such a notice and do not cancel your subscription as described in the “Recurring Charges/Automatic Renewal Conditions” section above.
Payment Dispute. If you believe you have been incorrectly charged, you must notify us of such disputed charges within the time provided for in your payment card agreement or you waive your right to dispute those charges. Please contact Gogo Juice Customer Care at1.877.000.0000 (USA) or by email at firstname.lastname@example.org (US) so that we can review your account. Gogo Juice may require you to describe the dispute in writing. Any written communications concerning disputed amounts owed must be sent to: email@example.com
5. Proprietary Rights
You acknowledge that all the intellectual property rights in the Service
and the underlying technology, and all content on the Site and the
Domain are owned by Gogo juice, Gogo Juice’s affiliates or its
licensors. All rights not expressly licensed are reserved. You agree not
to reproduce (except to view content on the Site and the Domain for
your personal purposes), reverse engineer, modify, or create derivative
works based on, the Service, Site or Domain content. Except as
expressly permitted under this Agreement, you agree not to rent, lease,
loan, or sell access to the Service or provide the Service to any third
party on a service bureau or time sharing basis or otherwise.
6. Acceptable Use and Conduct
Acceptable Use Policy. You hereby agree to comply with Gogo Juice’s acceptable use policy (“Acceptable Use Policy”), as described below. You will not use the Service to (or assist another person to):
- Harm or threaten harm to persons or property;
- Harass other persons;
- Violate any applicable law, including those related to export control, spam, gambling, obscenity, or computer access;
- Engage in any fraud or misrepresentation;
- Provide instructional information about illegal activities;
- Interfere with, disrupt, or create undue burden on the Service (or the networks or computers that provide same);
- Infringe or violate another person’s rights, including privacy and intellectual property rights;
- Allow another person who has not paid for the Service to access or use the Service on his/her computer or device or through your computer or device;
- Allow another person to access the Service using your Account, your email address or your monthly or annual Gogo Juice Multi-Area Plan, Gogo Juice Global Plan or, airline-specific subscription plan, or other subscription;
- Display offensive content on your computer or device, in view of another person;
- Knowingly distribute any virus or other malware;
- Access any network or computer (including those providing the Service) in excess of the permission expressly granted to you;
- Monitor (through, for example, sniffers) any network traffic without express authorization of the owner of the network and the parties to the communications;
- Attempt to decrypt any encrypted or scrambled communications;
- Introduce software or automated agents into the Service;
- Attempt to impersonate any other person, including any Gogo Juice employees;
- Engage in any of the activities prohibited in the network management and limitations section below.
Breach. Gogo Juice reserves the right (but has no obligation) to investigate and take appropriate action in its sole discretion against you if you violate Gogo Juice’s Acceptable Use Policy or any other provision of this Agreement. Such action may include, without limitation, refusing to provide access to and use of the Service to you, terminating yourAccount, Guest Access or Promotional Access, reporting you to the applicable Guest Partner, our other partners, or law enforcement authorities, and taking legal action against you.
Performance. The typical performance (i.e., typical speed latency) of the Service may vary based on which platform is used to provide the Service. to see a listing of the Gogo Juice connectivity platforms used. For some subscription plans and passes purchased before on which you use the pass, Gogo Juice cannot determine in advance or make any guarantee as to which platform will be used to provide the Service.
Gogo Juice delivers the following typical speed ranges and typical latencies for the Service, depending on the platform used to provide the Service. This information is the best approximation available to Gogo Juice of the actual speeds and latency users can expect to experience when using the Service: