(Effecitve May 23rd, 2018)
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.
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 email@example.com so that IATA may take appropriate action.
TERM AND TERMINATION
PRODUCTS AND SERVICES
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.
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
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.
As 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.
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.
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.
IATA 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.
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.
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.
PROTECTION OF PERSONAL INFORMATION
collects and uses personal information in the context of the use of the Portal
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.
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
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.