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    Customer Portal Terms of Use

    (Effecitve May 23rd, 2018)

    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").

    PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE COMPLETING YOUR REGISTRATION AND USING THIS PORTAL OR ANY OTHER WEBSITE OR SERVICE THAT IS MADE AVAILABLE BY IATA TO DULY AUTHORIZED USERS VIA THIS PORTAL AND/OR THE SAME LOG-IN INFORMATION. IATA ALSO OFFERS A MOBILE APPLICATION FOR ACCESSING THE PORTAL AND/OR ITS SERVICES VIA A USER'S MOBILE DEVICE AND THESE TERMS OF USE APPLY EQUALLY TO ANY USE OF, OR ACCESS TO, THE PORTAL VIA THE MOBILE APPLICATION.  ANY REFERENCE TO THE "PORTAL" IN THESE TERMS OF USE SHALL INCLUDE THE WEB PORTAL, THE MOBILE APPLICATION OR ANY OTHER WEBSITE OR SERVICE OFFERED VIA THE WEB PORTAL OR THE MOBILE APPLICATION.

    PLEASE CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE BY SELECTING THE BOX LOCATED ON THE REGISTRATION PAGE.

    IF YOU DO NOT AGREE TO THE THESE TERMS OF USE, PLEASE REFRAIN FROM COMPLETING YOUR REGISTRATION AND FROM USING THE PORTAL.

    RESTRICTIONS TO USE

    The User agrees to use the Portal strictly for the purpose of purchasing and accessing IATA information, products and services, as applicable, and shall not authorize any other person to use the Portal in any manner whatsoever.

    REGISTRATION

    During the registration process, the User shall provide all required information so as to create an account enabling the User to access and use the Portal (the “User Account”). The User represents and warrants to IATA that the User: (i) shall provide truthful, accurate, current and complete information, as required for creating the User Account; and (ii) shall maintain and promptly update the information associated with its User Account. Every User accessing the Portal is required to have its own User Account, which may under no circumstances be used by several Users.  As part of the registration process, the User shall be allocated a username and password.  

    ACCESS CODE AND PASSWORD

    The User agrees not to access the Portal by any other means than through his or her User Account. For such purpose, the User shall use the valid log-in information provided by IATA in accordance herewith. The User shall not attempt any unauthorized access to the Portal, to the other computer systems or networks of IATA, by deriving a username or a password or by any other means. The User is responsible for maintaining the confidentiality of all information relating to the User Account, including the log-in information provided to them by IATA. The User shall be entirely liable for any activity that occurs in or using the User Account, including without limitation, activities related to any information or other content provided in connection with the Portal through the User Account. If any unauthorized use of the User Account should occur, the User must immediately notify IATA by e-mail at information.security@iata.org so that IATA may take appropriate action.

    TERM AND TERMINATION

    By selecting the box located on the registration page indicating the User's acceptance of these Terms of Use, the User agrees to be bound by the terms and conditions set out in these Terms of Use for the entire term during which the User will use the Portal. The Terms of Use set out herein may be amended or rescinded by IATA at any time, without prior notice and without any specific reason, by posting a notice to such effect on the Portal.  It is the User's responsibility to periodically check the Portal for such changes.

    The User may, at any time, cease to access and use the Portal by mere request to IATA for deactivation of her or his User Account. For greater certainty, these Terms of Use shall not be considered terminated, and the User shall remain responsible for any and all activities in his or her User Account until such time as same shall be deactivated permanently. 

    PRODUCTS AND SERVICES

    Where products or services are offered through the Portal, online access will be provided subject to the Terms of Use stated herein, and additional provisions regarding such product or service as are set out in the product or service-specific terms of use (each a "Specific Terms of Use"), where applicable.  Where a provision in a Specific Terms of Use contradicts a provision in the present Terms of Use, the provision in the Specific Terms of Use shall prevail.

    For products or services that are offered by subscription, no access or connection to the product or service in question shall be provided beyond (a) the term, or (b) the product or service features that have been paid for, until appropriate payment has been received for, as applicable, any additional term, and/or additional product or service features.

    CODE OF CONDUCT

    In connection with the User's access of the Portal, the User shall comply with the rules of conduct and standards prescribed hereunder (collectively, the "Code of Conduct"): The User is responsible for communicating to its administrative staff the User is responsible for the Code of Conduct as well as any other policies disclosed to the User subsequently. 

    (a) Illegal Activities. The User shall not use the Portal to partake in any illegal activities, including without limitation, any breach of applicable legislation, and more specifically, copyright and trademark infringement, or criminal activities.

    (b) Systems Abuse. The User shall not commit any systems abuse, including without limitation, excessively intensive processor use, excessive use of disk space, excessive use of data storage space, computer hacking, error handling, masking, use of any domain name service unauthorized by IATA, installation of permanently running programs such as IRC robots, or the resale of CGI scripts or databases.

    (c) Malware. The User shall not upload to IATA's servers or equipment any form of destructive software, including without limitation,  viruses, worms, trojan horses, time bombs, cancelbots or any other harmful components or computer files, programs or code designed to interrupt, destroy or limit the functionality of the Portal or of any other computer software, computer equipment or telecommunications equipment.

    (d) Reverse Engineering. Disassembly, decompilation and reverse engineering of software and other components of the Portal, or of any part of same, are strictly prohibited. The User shall not, directly or indirectly, attempt to derive any source code or other industrial secrets comprising or relating to the Portal.

    (e) Disruption. The User shall not interfere with, or disrupt, the Portal, or the networks and servers of IATA, by any means whatsoever.

    (f) Facilitation. The User shall neither facilitate nor encourage or enable any third party to engage in any of the above conduct.

    The Code of Conduct may be supplemented by the policies of IATA that may be disclosed to the User from time to time.


    TECHNICAL SUPPORT

    IATA may provide the User with free technical support by telephone and e-mail. The technical support provided by IATA shall be limited to problems related to gaining access to, and using, the Portal, and problems related to log-in information. The User shall be exclusively responsible for procuring (as well as all related costs and expenses) any necessary technical support for the User's computer equipment, mobile devices and software, and any technical support necessary for maintaining its electrical and physical facilities and an appropriate Internet connection required to access and use the Portal.

    IATA will use commercially reasonable efforts to respond to requests for technical support, but IATA does not guarantee any specific response time to resolve technical issues, as such response time may vary depending on the nature and extent of any given technical issue, nor does IATA guarantee any particular resolution, or any resolution, with respect to such issue. The User agrees not to send spam or abusively resort to technical support provided by IATA hereunder.

    SECURITY AND RELIABILITY

    The reliability of access to the Portal is a priority for IATA. However, IATA cannot guarantee reliable access to the Portal at all times, and in particular in the event of:

    (a) Heavy Internet traffic;

    (b) Automated maintenance and upgrades of the Portal and relevant servers; and

    (c) Events constituting force majeure (including without limitation, terrorist attacks, fortuitous events, computer viruses/worms, denial of service attacks, and other causes reasonably beyond IATA's control). The User acknowledges and agrees that IATA shall undertake no liability (including without limitation, for direct and indirect damages) for any downtime that the Portal may experience for any reason.

    DENIAL OF ACCESS

    IATA retains the right, in its entire discretion, to cancel, limit or suspend the User's access to the Portal or to any portion of the Content without prior notice and without thereby incurring any liability, for any reason whatsoever, including any breach of these Terms of Use.

    CONTROL MEASURES

    In order to prevent unlawful or illicit use of the Portal and its Content, IATA reserves the right, in its entire discretion and at any time, to ask Users to substantiate their compliance with these Terms of Use. In that regard, IATA may ask a User to communicate with IATA orally and to provide IATA with any document or information substantiating her or her use (or that of the administrative staff the User is responsible for) of the Portal and its Content. The User must respond to such requests without delay. IATA will then take whatever measures it, in its entire discretion, deems justified or necessary in light of the User's response, and may in particular temporarily or permanently interrupt the User's access (or that of the administrative staff the User is responsible for) to the Portal and/or its Content. 

    VIRUS POLICY

    The User is solely responsible for protecting its computer equipment, mobile devices, software, electrical equipment and any other equipment against viruses, and to ensure that same are free from any viruses. IATA maintains its own protection against viruses on its servers, but shall undertake no liability (including without limitation, for direct and indirect damages) for viruses that may affect the User's systems and viruses resulting from access to, and/or use of, the Portal.

    THIRD PARTY LINKS

    The Portal and associated microsites or pages may provide links to other Internet sites or resources ("Third Party Links"). Such Third Party Links are provided only for the sake of convenience, and the inclusion of any Third Party Link to such sites or resources does not imply endorsement by IATA of those sites or resources.

    Because IATA has no control over such external sites and resources, the User acknowledges and agrees that IATA is not responsible for the availability of such external sites and resources and sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on, or available from, such external sites and resources. IATA may terminate the availability of such external sites and resources through Third Party Links on the Portal at any time without any notice. IATA will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of, or reliance on, any such content, products, goods or services available on, or through, such external sites and resources.

    INTELLECTUAL PROPERTY


    Portal Content
    A
    s between IATA and the User, all content, data, graphics, photographs, images, audio, video, software (including source code and object code), products, trademarks, service marks, trade names and all other intellectual property, components and information (collectively, the “Content”) accessible by means of the Portal (excluding User Content, as defined below) are the exclusive property of IATA and/or its licensors. The Content is protected by Canadian and international intellectual property laws.

    Except as provided forth herein, the User is prohibited from modifying, copying, reproducing, publishing, transmitting, distributing, posting, executing or interpreting, transferring, assigning or selling any Content, or creating derivative works therefrom, without the specific prior written consent of IATA. 

    User License 
    IATA owns and operates the Portal. For as long as the User’s User Account remains active, and subject to the terms and conditions of these Terms of Use, IATA grants to the User a non-exclusive, personal, non-assignable, non-transferrable, non-sublicensable license to access (remotely, through an Internet connection to be provided by the User) and use the Portal, exclusively for business purposes related to the business of the User with IATA. Except for the rights specifically granted hereinabove to the User, these Terms of Use do not transfer to the User any right (of ownership or otherwise) in or to the Portal, or any of the products, services or information accessible thereon. As between the User and IATA, IATA shall be considered the sole and exclusive owner of all components of the Portal. Any improvements, developments, modifications, changes, supplements, augmentations or works that may be derived from, created or otherwise made by the User in connection with the Portal shall be the exclusive property of IATA and the User hereby irrevocably and forever assigns to IATA all of his or her worldwide right, title and interest in and to same.

    For greater certainty, the license granted to the User under the preceding paragraph shall not grant to the User any license or right to use names, words, titles, logos, slogans, graphics or designs that constitute trademarks, service marks or trade names, and which are made available in connection with the Portal (collectively, the “Marks”), regardless of whether such Marks are the property of IATA or of third parties, without the prior written consent of IATA.

    User Content
    Any and all information and related materials published, stored or uploaded by the User to, or in connection with, the Portal (the “User Content”) shall remain the property of such User. The User hereby grants to IATA a worldwide, perpetual, transferable, sublicensable, royalty-free, fully paid-up license to copy, disclose, distribute, incorporate and otherwise use the User Content and all images, sounds, text and other data embodied therein, for the purposes for which it was uploaded. 

    IATA is in no manner responsible for the User Content. The User is prohibited from posting or transmitting to the Portal, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or otherwise inappropriate material.

    New IP
    I
    ATA shall own any new invention, standard, report, work product or any other material that is created or developed via, or in the context of activities carried out through, the Portal (the “New IP”).  To the extent the User contributes any User Content to the creation or development of New IP, the User hereby grants to IATA a worldwide, perpetual, transferable, sublicensable, royalty-free, fully paid-up license to use the User IP in the New IP for any and all commercial and non-commercial purposes.

    If the User does not wish to permit the inclusion and/or use of a particular item of User Content in any New IP or as part of the Portal, the User should not contribute, submit or upload such User Content to the Portal.  The User may not rely on any relevant intellectual property rights it may own to hinder use and adoption of any New IP.

    To the extent the Portal is used for, or facilitates, the creation of any New IP in the context of an IATA working group, panel, task force or committee (each, a “Working Group”), the Intellectual Property Principles for IATA Working Groups (available at http://www.iata.org/whatwedo/workgroups/Documents/ip-working-groups.pdf), or if applicable, the specific intellectual property terms or rules established for such Working Group, shall apply to such New IP (either, the “Working Group IP Terms”) .  To the extent that there is any inconsistency between any provision of these Terms of Use and any provision of Working Group IP Terms applicable to a particular item of New IP, the provision of the Working Group IP Terms shall prevail.

    NO WARRANTY

    Unless otherwise stated in terms applicable specifically to a certain component, product or service offered through the Portal, the Portal and all components thereof are provided "as is" and "as available", without any warranty, representation or condition whatsoever, express or implied.

    TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LEGISLATION, IATA DISCLAIMS ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, IN RESPECT OF THE PORTAL AND ITS COMPONENTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS, CONDITIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IATA DOES NOT REPRESENT, NOR WARRANT, THAT THE PORTAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFICIENCIES WILL BE CORRECTED, OR THAT THE SERVER, THE SYSTEMS OR THE NETWORK UNDERLYING SAME ARE, OR WILL BE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. IATA DOES NOT MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE CONTENT, USER CONTENT OR ANY OTHER INFORMATION, DATA OR OTHER ITEMS OFFERED BY WAY OF THE PORTAL, INCLUDING WITHOUT LIMITATION, WITH RESPECT TO THE CORRECTNESS, ACCURACY, COMPLIANCE, USEFULNESS, RELIABILITY OR ANY OTHER QUALITY THEREOF. IATA UNDERTAKES NO OBLIGATION TO CONTINUE TO MAINTAIN THE PORTAL IN OPERATION OR TO PRODUCE NEW VERSIONS OF, OR IMPROVEMENTS TO, THE PORTAL.

    The User expressly acknowledges and agrees that its use of the Portal is at its own risk and that IATA shall not be liable for any errors, deficiencies or omissions in connection with the use of the Portal. In particular, the User has sole responsibility for adequate protection and backup of data and equipment used in connection with the Portal and will not make a claim against IATA for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the Portal. IATA also bears no responsibility for exposed User data in case of theft or loss of the computer equipment or mobile device used to access the Portal.

    Any material downloaded or otherwise obtained through the Portal is done at the User's own discretion and risk, and the User is solely responsible for any damage to its computer system or other equipment, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from IATA or through the Portal will create any warranty not expressly stated in these Terms of Use. IATA's employees are not authorized to vary these Terms of Use.

    EXEMPTION/LIMITATION OF LIABILITY

    To the maximum extent allowed under applicable legislation, and except for damages related to physical prejudice resulting from an intentional or gross fault, or damages resulting from bodily or moral prejudice, IATA does not undertake any liability towards the User or any other person with respect to direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage resulting or arising from access to, use of, or inability to use, the Portal or its components, even if IATA is advised of the possibility of such damages or even if such damages are reasonably foreseeable.

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and accordingly some of the above limitations or exclusions may not apply to a specific User.

    INDEMNIFICATION

    The User agrees and undertakes to fully indemnify and hold harmless IATA, its licensors, successors and assigns, as well as its and their directors, shareholders, parent companies, employees, agents and representatives, from and against any action, claim, loss and any damages (direct, indirect or other) and judgments, all reasonable legal fees (including fees for outside legal counsel) and disbursements and any other liability or expense that they may incur in relation to: (i) any User Content or other item provided by the User to IATA; (ii) any breach of the Code of Conduct by the User or any other breach of the warranties, representations, undertakings, duties or obligations set out in these Terms of Use; or (iii) any activity related to the User Account (including any negligent or faulty conduct) carried out by any other person having communicated with IATA or accessed the Portal, by using log-in credentials associated with the User Account.

    PROTECTION OF PERSONAL INFORMATION

    IATA collects and uses personal information in the context of the use of the Portal in compliance with IATA’s Privacy Policy (the “Policy”). For more details, the User is encouraged to consult the Policy

    COOKIES

    In connection with the use of the Portal, cookies and other technologies may be used in compliance with applicable laws so as to monitor the User's use of the Portal. Each User may configure its Web browser to warn them when a cookie is received or to block cookies. It is also possible to delete cookies at any time. However, by not accepting cookies, the User may not be able to fully benefit from all the features of the Portal.

    NOTICES

    IATA may send to the User notices using the contact information that the User submits upon registering a User Account, or by posting a general notice on the homepage of the Portal, or by any other reliable method. Any questions concerning these Terms of Use, and any other request, shall be sent to IATA using the contact information for IATA posted on the Portal.

    TRADE MARKS

    All brands, marks, logos, graphics and character styles appearing on the Portal are trade marks or trade dress of IATA or its licensors.

    APPLICABLE LAW AND JURISDICTION

    The validity, interpretation, construction and performance of these Terms of Use shall be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without reference to choice of law provisions. The courts of Montreal (Quebec) shall have exclusive jurisdiction over any judicial proceedings arising directly or indirectly from, or associated with, the use of the Portal.

    MISCELLANEOUS

    Entire Agreement.  These Terms of Use constitute the entire agreement between the User and IATA with respect to the subject matter hereof. 

    Amendment & Severability.  If any provision of these Terms of Use should be found invalid or unenforceable, such provision shall be amended only to the extent required to make same comply with applicable legislation, and the validity of the remaining provisions of these Terms of Use shall not be affected thereby.

    Non-Waiver.  The failure by IATA to require strict performance of any provision of these Terms of Use shall not be interpreted as a waiver of any right hereunder by IATA. Neither the conduct of relations between the User and IATA, nor business practices, shall act to amend any provision of these Terms of Use.

    Assignment.  IATA may, at any time, assign its rights and obligations hereunder to any party, without prior notice.  The User may not assign any of its rights or obligations hereunder to any party without the prior written consent of IATA.

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