(Effective July 2020)
The following terms of use (the “Terms of Use”) are entered into between you (the “User”) and the International Air Transport Association, an association created by a Special Act of the Parliament of Canada and having its head office at 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1 (“IATA”). These Terms of Use set forth the terms and conditions for use of IATA’s AgentExperience web site and/or mobile application (the “Service”).
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE COMPLETING YOUR REGISTRATION AND USING THIS SERVICE. IF YOU DO NOT INTEND TO BE LEGALLY BOUND BY THESE TERMS OF USE, DO NOT ACCESS AND USE THIS SERVICE.
By completing the online or mobile enrolment form and clicking on "I agree" below, you represent that you are authorized by your company to use the Service and that your company agrees to these Terms of Use. The Terms of Use shall apply even after we terminate your use of the Service.
DEFINITIONS
"IATA Trademarks" means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations IATA uses in connection with products or services.
"Information" means, where the context so requires, either any information you provide to us or which other users provide in the message posting process authorized by this Service, in any public message area or through any other message, email, chat, comment, rating or review features available on this Service.
"Licensor Trademarks" means all names, marks, brands, URL names or addresses, logos, designs, trade dress and other designations IATA licensors use in connection with their products or services.
"Service" means IATA’s AgentExperience.com web site and/or IATA’s AgentExperience mobile application.
"We, Us or Our" means the International Air Transport Association (IATA) and the International Airlines Travel Agent Network (IATAN) and their affiliates.
"You or Your" means you on behalf of yourself or your company as a user of the Service, namely an accredited IATA or TIDS travel agent and bearer of a valid IATA or IATAN ID Card, having the right to access this Service for the purposes of purchasing goods and services from suppliers or providers to the travel, transportation, tourism, entertainment or recreation industries that have posted information on this Service.
THE SERVICE
IATA and IATAN offer the use of this Service to accredited IATA or TIDS travel agents who are bearers of a valid IATA or IATAN ID Card, without any additional charge or fee. The Service allows you to have access to information, rewards and discounts offered by suppliers within the travel industry who supply products and services to the public.
We reserve the right to change these Terms of Use and to make changes to any of the products or programs made available via the Service at any time, with or without notice, and without liability. It is your responsibility to periodically visit this page when you use the Service to review the then current Terms of Use. Your continued use of the Service constitutes your acceptance of any changes to these Terms of Use. We also reserve the right to deny you access to the Service at any time.
LICENSE
As a user of this Service, unless otherwise expressly stated, you are granted a single user, non-exclusive, non-transferable, revocable, limited license to access and use the Service and its content in accordance with these Terms of Use, as amended from time to time.
We may terminate this license at any time in the event of a material breach of one or more of the provisions of these Terms of Use, including but not limited to, perceived or actual infringement of any copyright or other intellectual property rights of IATA, IATAN and/or its licensors or any third parties or in the event of usage which is or is intended to be contrary to these Terms of Use. Termination shall be without prejudice to any of our other rights or recourses.
REGISTRATION
You agree that all information to be provided when registering for the use of the Service shall be accurate, complete and current. You agree not to impersonate any business or person or use a name that you are not authorized to use or to induce anyone to buy a service or product that you are not authorized to offer or sell.
If any information that you provide is untrue, inaccurate, not current, or incomplete or offensive, or if we have reasonable grounds to suspect that such information is untrue, not current or inaccurate, we shall have the right to request you to complete, correct or update such information or to delete the offensive material and to terminate your use of the Service if you fail to comply with our request.
Registration for the Service requires submission of your company’s IATA numeric code number (the “IATA Number”) and your verification number (the “Verification Number”) as a means of identifying yourself for the purposes of accessing and using this Service. You agree that you will not lend or otherwise share your company’s IATA Number or your Verification Number to any other person or entity for use in connection with the Service or otherwise.
ACCOUNT PROTECTION
By using this Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We recommend that you periodically change your password to ensure that it remains confidential.
You are solely responsible for all activities occurring, and all postings initiated, with the use of your account. You expressly agree to be bound by any related electronic approval, whether or not authorized, that is initiated with the use of your account. You agree that the use of your password shall constitute a security procedure for authorizing electronic messages or approvals, and is a commercially reasonable method of providing security against unauthorized electronic messages or approvals.
We shall have no liability for acting on related electronic messages or approvals initiated under your account, even if you did not authorize the electronic message approval.
As a condition of using the Service, you agree to immediately contact us if your password has been lost or stolen or if you become aware of any unauthorized use of your name, account, password, IATA Number, Verification Number or any other number or identifier used by you in relation to the Service. You can contact the administrator of the Service at care@agentexperience.com.
Access to, and use of, this Service using your account by any person other than you is forbidden. Notwithstanding the foregoing, any such unauthorized use of your account by any other person shall be subject to these Terms and Conditions.
INFORMATION AND SELLING
The Information that you provide is for the benefit of suppliers or providers to the travel, transportation, tourism, entertainment or recreation industries that have posted information on this Service. You consent that any Information shared via the Service may be shared by other users of the Service using any one of the sharing functions available via the Service.
You are prohibited from reselling the goods and services offered through this Service to the public.
You must be legally able to purchase the items or services offered through this Service.
We take no responsibility and assume no liability towards any person for any Information posted on this Service.
We reserve the right (but are not obliged) to remove or edit any Information or content of this Service.
We assume no liability for any Information of a defamatory, obscene or indecent, infringing nature, or any unlawful Information or material that may be posted on this Service, or for any all third party links (“Third Party Links”) made available via the Service that may contain information or material of such nature.
We disclaim any responsibility for the information, products, or services offered or obtained on, or as a result of, this Service and any Third Party Links and will not be liable for any damages arising from your access or the access by third parties of any Third Party Links.
Third Party Links are authorized merely for your benefit and do not imply an endorsement of the linked or framed sites, their content, products or services, or the persons or entities operating those sites. Therefore, you assume sole responsibility for your use of Third Party Links.
As we have no control over external resources and sites available via Third Party Links, you also acknowledge and agree that we are not responsible for the unavailability, whether temporary or permanent, of such external resources and sites.
We specifically deny you permission to hyperlink or provide references to this Service, unless you are allowed to do so under a separate written agreement with us. You are also denied permission to use any trademarked or copyrighted material found on this Service to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with us. We bear no responsibility for sites that provide hyperlinks or references to this Service unless those sites are operated by us.
LIMITATIONS ON THE USE OF THIS SITE
You agree that you will not misuse the Service. "Misuse" includes, but is not limited to, using the Service to do any of the following:
1. Distribute, disseminate, post, send or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or non-union affiliation, or any other basis protected by federal, state, provincial or local law or ordinance.
2. Abuse, defame, harass, stalk, threaten, or otherwise violate the legal rights of any person, including but not limited to rights of privacy and publicity.
3. Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt files, or similar software.
4. Download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
5. Misrepresent or omit the origin or source of any file you download or upload.
6. Use a false e-mail address, impersonate any person or entity, or otherwise mislead the public as to the origin of any information that you provide.
7. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
8. Distribute, disseminate, post, send or publish any indecent, infringing, obscene, or unlawful information or material.
9. Copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Service for public or commercial purposes except as authorized by us including but not limited to:
10. Conducting contests or surveys.
11. Distribute chain letters, or advertise with respect to any Ponzi scheme or pyramid scheme.
12. Advertise or offer to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
13. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person.
14. Download or upload files that you know, or reasonably should know, cannot be legally distributed through this Service.
15. Upload, download, or otherwise export or re-export software from the Service: (1) to a national or resident of or into any country that the United States has embargoed, including without limitation, Russia, Cuba, Iran and North Korea, (2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
16. Copy or create derivative works from, or display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Service.
17. Monitor or copy any content of this Service by using any manual process, or any third party application including robot, spider, or other automatic device, without first obtaining our prior written consent
18. Engage in any other conduct that is, or that we deem to be, in conflict with these Terms of Use or in violation of applicable law or regulations.
Access of the Service for any such Misuses or other similar purposes constitutes an unauthorized use of the Service and may result in immediate suspension or termination of your account.
INTELLECTUAL PROPERTY
Unless otherwise stated, all information that we produce or provide, including the IATA Number, Verification Number, and any other identification number, as well as any data, images, screens, text, web pages or other materials (collectively, the "Content") appearing on the Service, are our exclusive property.
IATA, www.iata.org, and other unique record locators (URL), and other IATA logos and product and service names are IATA Trademarks, which are protected by applicable laws. Other names and logos appearing on the Service are trademarks of the owners of such names and logos.
We may collect, use and disclose to third parties aggregated and/or anonymized data, statistics or analytics ("Usage Data") relating to your and other users’ use of the Service. We own all rights, including copyright, in and to all such Usage Data.
All Content on the Service, including without limitation, text, graphics, trademarks, trade names, service marks, logos, buttons, images and software is owned by, or licensed to, IATA for use on the Service, and is protected by United States and international copyright laws. The sale, reproduction, modification, distribution, transmission, republication or exploitation of any portion of the Content for commercial purposes is prohibited without our prior written permission.
You are prohibited from removing, overprinting or defacing any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of software or information from the Service.
You are not permitted to use or incorporate any IATA Trademarks or Licensor Trademarks into any other trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.
Except as otherwise provided under these Terms of Use, nothing in these terms shall be construed or constitute a grant of right to use or license any intellectual property rights, whether by estoppels, by implication, or otherwise.
The use of this Service does not pass to you any title to or any proprietary rights therein, all of same being expressly reserved to, and vested in, us and our subcontractors.
You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use your Information for the purposes of this Service.
PRIVACY
We and our providers may collect and use personal information in the context of the use of the Service in accordance with the applicable terms and conditions of the IATA/IATAN Travel Agent ID Card Cardholder Agreement.
WARRANTIES AND LIMITATION OF LIABILITY
You represent and warrant that you will not violate these Terms of Use and will not cause injury to any person or entity.
We make no representations or warranties as to the completeness or accuracy of any Information or other content available on, or in connection with, the Service, and make no commitment to update any such content or Information.
We are not responsible or liable for any comments, ratings, reviews or other feedback left by users of the Service, or any inaccuracies, errors or omissions therein, and we are not obligated to remove or correct same.
YOU USE THE SERVICE AT YOUR OWN RISK. WE PROVIDE THE SERVICE, INFORMATION AND OTHER CONTENT THEREON ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL IATA, IATAN OR THEIR AFFILIATES OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF, OR INABILITY TO USE, THE SERVICE, THE UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE AND WWW.IATA.ORG; COMMENTS, RATINGS REVIEW OR OTHER FEEDBACK PROVIDED BY USERS OF THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SERVICE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ANY THIRD PARTIES WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF USE OF, OR THE INABILITY TO USE, THIS SERVICE, OR ACCESS OF THIRD PARTY LINKS, CONTENTS OR SITES VIA THIS SERVICE. WE DO NOT WARRANT THAT ACCESS TO THIS SERVICE WILL BE AVAILABLE AT ALL TIMES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER ELECTRONIC EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE SHALL NOT BE LIABLE FOR ANY VIRUS OR OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER ELECTRONIC EQUIPMENT OR PROPERTY DUE TO YOUR ACCESSING, BROWSING, OR USING THE SERVICE OR DUE TO YOUR DOWNLOADING ANY CONTENT FROM THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THIS SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS HEREIN. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST US FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF ANY CONTENT OR MATERIALS ACCESSIBLE THROUGH, OR IN CONECTION WITH, THE SERVICE. YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND MATERIALS ACCESSIBLE THROUGH, OR IN CONNECTION WITH, THE SERVICE.
INDEMNITY
You agree to indemnify and hold harmless us, our officers, directors, employees, agents and affiliates from and against any and all costs, claims, proceedings, damages, liabilities, expenses (including reasonable attorneys fees), and injuries relating to, or arising from, your use of the Service or other transactions made through the Service, any services obtained by third parties through the Service, the unlawful, improper or unauthorized use of the Service, errors or omissions in any Information or content made available to us in connection with the Service, alleged copyright or other intellectual property rights infringement, defamation or other tort on account of Information or content provided to us, or any claim in connection with the Information you provide or breach of these Terms of Use by you, including without limitation, any claims alleging facts that if true would constitute a breach of these Terms of Use by you.
OTHER TERMS
These Terms of Use constitute the entire agreement governing your access to, dealings with, and use of the Service.
Any failure to assert any rights that we or you may have under these Terms of Use does not constitute a waiver of our rights to assert the same or any other right at any other time or against any other person or entity.
If any provision of these Terms of Use is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from these Terms of Use without affecting the validity or enforceability of any other provision.
These Terms of Use shall be governed by the laws of the Province of Quebec, Canada, and the laws of Canada applicable therein, as if they were a contract wholly entered into and wholly performed within the Province of Quebec, without reference to choice of law provisions. You irrevocably agree to submit to personal jurisdiction and venue of the courts sitting in Montreal, Quebec, Canada.