Inflight Wi-Fi – Terms of use
ONBOARD WIFI TERMS OF USE
These Terms of Use (“Terms”) apply to your access to and use of the onboard wireless access connectivity services and other online products and services that link to these Terms (collectively, the “Services”) provided on behalf of Air India Limited (“Air India” or the “Airline”) by Nelco Network Products Limited (“NNPL” or “we”). By using the Services, you agree to these Terms, . If you do not agree to these Terms, do not use our Services.
We provide and operate the Services and ensure compliance with applicable laws and regulatory requirements relating to them. Air India acts solely as a commercial distributor and billing partner and provides access to the Services through its onboard systems (“Portal”).
Except as expressly set out in these Terms, Air India does not own, operate, manage, or control the network, or the underlying internet services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or any grievances with respect to the Services, please let us know at the link here.
We are committed to protecting your privacy. For information about how we collect, use, share or otherwise process information about you, on behalf of the Airline, in connection with the Services please see our Privacy Policy.
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
You may need to register for an account to access some or all of the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
Hardware Requirements. A compatible Wi-Fi enabled device is required to use the Services. It is your responsibility to make sure the device being used to connect to the Services has a Wi-Fi transmitter compatible with the Services. Unless otherwise disclosed to you prior to purchase, the Services may not be accessed simultaneously through multiple devices and your access is limited to the device initially used to access the Services.
Security. You should follow good security practices and take precautions to lower your security risks, such as ensuring that file-sharing is not enabled while accessing the Internet from an un-encrypted public network, ensuring that laptops have a personal firewall and other protection against malware, and ensuring that sensitive or private information not be accessed via or transmitted over an un-encrypted connection. While we take reasonable steps to protect your security, please be aware that we cannot ensure or warrant the security of any information you transmit to us, and you use the Services and provide us with your information at your own risk.
The Services may be purchased onboard through the Portal or other channels as made available by NNPL or Air India. While purchasing the Services, you will be shown the available plans, including applicable pricing and validity, at the time of purchase. Prices for the Services vary depending on the selected plan. Further details on the use of the purchased plans, and the applicable terms are available here.
Payments for the plan(s) you purchase are processed by Air India and its payment partners. Air India acts solely as a billing partner on behalf of NNPL, which provides the Services. Upon successful completion of the purchase, an invoice or payment confirmation will be automatically sent to the email address you provide at the time of purchase.
Refunds in relation to the Services may be issued in certain circumstances, including where the Services cannot be activated following a successful payment transaction or where the Services fail to function due to a technical issue attributable to NNPL. As payments for the Services are processed through Air India’s payment systems, any approved refunds will be processed by Air India through the original mode of payment, subject to applicable banking timelines and procedures.
Any requests for refunds must be submitted through the customer support channels specified in these Terms or on Air India’s website. Except where required under applicable law, eligibility for refunds will be determined based on technical verification and relevant system records relating to the activation and use of the Services.
Members of Air India’s loyalty programme (Maharaja Club) may, from time to time, be eligible for certain promotional benefits in connection with the Services, including preferential pricing or access to specific plans. The availability of such benefits shall be subject to eligibility criteria, applicable programme rules, and other conditions as determined by Air India. Such benefits may also be subject to limitations, including restrictions on the number of times a benefit may be used during a flight.
All Maharaja Club member benefits relating to inflight Wi‑Fi access or usage shall be governed by the applicable Inflight Wi‑Fi Terms and Conditions, as amended from time to time (available here). Air India does not guarantee the availability, performance, or continuity of inflight Wi‑Fi services and reserves the right to modify, suspend, or withdraw such benefits at its discretion, subject to applicable law. These terms and conditions are in addition to and shall not supersede the terms and conditions (including the Maharaja Club terms and conditions) as stated on Air India’s website www.airindia.com.
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct, while using the Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and NNPL;
- Making viewable or audible any content that persons around you may find offensive or objectionable. Please be aware of the audience around you, including children, while using the Services.
- Use the Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services;
- Interfere with the network's performance in a way that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering, traffic management or encryption techniques we employ;
- Attempt to access any feature or area of our Services that you are not authorized to access;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Use or permit use of the Services in connection with email spoofing, phishing, spam, or other forms of malicious behavior;
- Disrupt or damage the network, including but not limited to uploading or linking to malicious software such as a virus or Trojan horse; and instituting an attack on the network or other devices connected to the network; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Enforcement of this Section 7 is solely at NNPL’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Data rates are not guaranteed. We strive to provide the best service possible but cannot guarantee bandwidth, uninterrupted access, or specific speeds (data rates). The availability and performance of our Internet access Services may vary based on several factors, including location, environmental conditions, and compliance with regulations. While accessing the Services, you must adhere to the crew instructions, placing your device in airplane mode with the Wi-Fi transmitter enabled, when allowed to do so.
Due to aircraft location and regulations, the Services are subject to filtering and traffic management which may provide slower data rates to address network congestion. Based on the average data rates, accessing certain content and use of certain applications may result in a worse than expected quality of service.
Your connection and data rate speeds may not be suitable for some applications. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service. Virtual private network or other remote computer access (“VPN”) may be intermittent and require multiple logins, depending on the VPN provider’s security settings, due to brief losses in connectivity. Air India may, in accordance with its policies, prohibit the use of certain applications and services such as voice or video calls, online gaming, and software updates through the Services. Even if allowed by Air India, technical limitations associated with satellite connectivity may provide a less than desirable experience for certain categories of traffic such as streaming and online gaming services.
You further understand and agree that we have no control over third-party networks you may access during your use of the Service, so delays and disruptions of other network transmissions are beyond our control. We will not be liable for any failure of performance if such failure is due to any cause beyond our reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, satellite component failure, cable cut, storm or other weather or solar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or other failures or delays caused by you or your equipment.
If you choose to use the Services, you should know that you are accessing a specialized semi-private network that is a purpose-built network supported by a global network of satellites. Satellite networks provide connectivity across vast geographic areas, but they are also subject to various technical constraints and regulations. Some of the key technical constraints of satellite networks include latency, jitter, packet loss and bandwidth availability. Some of the key regulatory constraints may include prohibiting access to regulated content and applications.
- Availability of coverage and Limitations of Service. Actual Services coverage, locations, and quality may vary. Actual Services speeds may vary due to your device, environmental conditions, network capacity, the number of users on the network, time of day, aircraft location, the type of service purchased, and other factors. The Services are available only when the aircraft is within legally permitted coverage areas. Coverage maps are subject to change at any time without notice. The Services are subject to unavailability, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair, and national security issues, and may be interrupted, refused, limited, or curtailed. The Services are also subject to the network management and limitations provisions discussed below.
- Managed Network and Limitations on Service. NNPL’s goal is to ensure that every user has a great experience. Given the limited bandwidth available from and to the plane (as dictated by international regulations) and the shared use of the network, NNPL may manage its network to ensure the best performance for the most users. For example, because of technical limitations, the Services may not support file storage services, application downloads, software updates, software, or file “syncing,” and other activities that reflect similar capacity usage or transmission patterns. As a result, these activities may not be conducted and may be restricted at any time to manage congestion and improve network performance. NNPL may also manage applications on a content- and source-agnostic basis to improve network performance. In all cases we adhere to our privacy policy and do not peer into the content of your communications.
- Applications that are likely to trigger rate management include streaming video, cloud uploads, file syncing, and large email downloads. Services that are unlikely to trigger rate management include Internet browsing and standard email access.
- At the request of Air India or in compliance with applicable laws, content filtering solutions are used to prevent access to certain content (e.g., terrorism, adult-oriented material). You specifically acknowledge and agree that NNPL may, as a necessary incident of providing the Services, or as required or permitted by law, by law enforcement authorities or by Air India, or as hereby expressly contemplated by these Terms, use any advanced blocking technologies and other technical, administrative or logical means available to it, to identify, inspect, remove, block, filter, or restrict any uses, materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions on use set forth in these Terms, including, but not limited to, those activities that may subject NNPL or its customers to liability or danger, or material that may be obscene, lewd, lascivious, filthy, excessively violent, pornographic, harassing, or otherwise objectionable. Because automated filtering mechanisms are not always able to discern content accurately, some non-objectionable content may be unintentionally restricted at times, while some objectionable content may unintentionally evade restriction.
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by NNPL or our licensors (e.g., the airline carrier) and are protected under both Indian and foreign laws wherever applicable. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
We may provide information about third-party products, services, activities or events, or we may allow third parties, such as the airline carrier, to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third- Party Content are solely between you and the third party. NNPL does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third- Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless NNPL, Air India and the respective officers, directors, agents, partners and employees of NNPL and Air India (individually and collectively, the “NNPL Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your user content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify NNPL of any third-party Claims, cooperate with NNPL in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the NNPL will have control of the defense or settlement, at NNPL’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and NNPL.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth below may not apply. Your use of the Services is at your sole risk.
To the fullest extent permitted by applicable law, NNPL and the other NNPL Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if NNPL or the other NNPL Parties have been advised of the possibility of such damages. The total liability of NNPL and the other NNPL Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of NNPL or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
For the avoidance of doubt, to the fullest extent permitted by applicable law, Air India shall not be responsible or liable for the provision, quality, availability, performance, or security of the Services, which are provided and operated by NNPL.
To the fullest extent permitted by applicable law, you release NNPL from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
In order for us to provide our Services, you agree that we may process, transfer and store information about you in accordance with our Privacy Policy. In order for us to provide our Services, you agree that we may process, transfer and store information about you in India and/or outside of India, to the extent permitted under applicable law.
Arbitration of Disputes. To the fullest extent permitted under applicable law, for any dispute or claim that you have against NNPL, including claims relating to the privacy policy, privacy, data security, and data protection, or relating in any way to the Services, you agree to first contact NNPL and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to NNPL’s Authorized Representative by email at notices@nelco.in The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and NNPL cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered under the Indian Arbitration and Conciliation Act 1996, as amended and Rules made thereunder. All disputes shall be heard by a single arbitrator, in English language, and the arbitration proceedings shall be seated in Mumbai, India. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties. You either acknowledge and agree that you have read and understand the Indian Arbitration & Conciliation Act, 1996 and Rules made thereunder or waive your opportunity to read the Act and Rules and waive any claim that the Rules are unfair or should not apply for any reason.
You and NNPL agree that the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual, except where permitted under applicable law.
The arbitrator, NNPL, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and NNPL agree that for any arbitration you initiate, you will pay the filing and incidental fee. For any arbitration initiated by NNPL, NNPL will pay the filing and incidental fee. You and NNPL agree that the Courts of Mumbai, India have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17 and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of India.
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Terms constitute the entire agreement between you and NNPL relating to your access to and use of our Services. Notwithstanding any other provisions of these Terms, Sections 7, 11, 12, 13, 14, 15, 17, 18 and 19 survive any expiration or termination of these terms. The failure of NNPL to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned, or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign, or delegate these Terms or the Services, in whole or in part, without your prior written consent.