TERMS OF USE

The following Terms of Use are entered into between yourself (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”).

The User shall confirm its agreement to these Terms of Use by clicking “I Agree”. IATA may, at any time, modify these Terms of Use by posting updated terms of use on the IATA Sandbox portal or by sending User an email notice of the updated terms of use. Those updated terms of use shall cancel and replace these Terms of Use unless rejected by the User. If any modification is unacceptable to the User, the User shall cease using the IATA Sandbox. Otherwise, the User will be deemed to have accepted the updated terms of use.

RESTRICTIONS TO USE AND QUOTAS

The scope of these Terms of Use are to define the terms and conditions under which the User is allowed to access and use the application programming interfaces, the files containing multiple data records and the Application Programming Interface (API) documentation, that are made available by IATA through the IATA Sandbox for testing and prototyping purposes only. No commercial use is allowed under any circumstances. Any use of the APIs and data files, outside the scope described herein will be considered a breach and will give IATA the right to immediately terminate this Agreement and close the User Account without prejudice to any rights IATA may have. Furthermore, IATA reserves the right to limit the access to the IATA Sandbox.

REGISTRATION

To access and use the IATA Sandbox, the User must create an account (the “User Account”) linked to a valid email address. 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. If the User is acting on behalf of a company or other legal entity, the User represents and warrants that it has the authority to bind such entity to these Terms of Use. Every User making use of the IATA Sandbox 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. Failure to comply with any of these obligations shall constitute a material breach and may result in immediate termination of these Terms of Use and closing of the User Account without prejudice to any and all other rights IATA may have.

ACCESS CODE AND PASSWORD

The User shall not attempt any unauthorized access or use of the IATA Sandbox, 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 it by IATA. The User shall be entirely liable for any activity that occurs in the User Account, including, but without limitation, activities related to any information or other content provided in connection with the IATA Sandbox through the User Account. If any unauthorized use of the User Account should occur, the User shall immediately notify IATA by E‑mail specified in the IATA Sandbox.

TERM AND TERMINATION 

By clicking on “I Agree”, or as of the first use of the IATA Sandbox, as the case may be, the User agrees to be bound by these Terms of Use. 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 homepage of the IATA Sandbox.  It is the User’s responsibility to periodically verify the IATA Sandbox for such notices.

The User may, at any time, cease to access and use the IATA Sandbox by mere request to IATA for deactivation of its 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 its User Account until the User Account has been permanently deactivated.

CODE OF CONDUCT

In connection with the User’s access and use of the IATA Sandbox, the User shall comply with the rules of conduct and standards prescribed hereunder. The User is responsible for communicating these Terms of Use to its authorized agents as well as any other policies disclosed to the User subsequently.

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

(b)   Systems Abuse. The User shall not commit any systems abuse including, without limitation, any excessively intensive processor use, any excessive use of disk space, any excessive use of data storage space, computer hacking, error handling or masking or any domain name service unauthorized by IATA, installing 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 any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots, or any other harmful components or any other computer file, program or code designed to interrupt, destroy or limit the functionality of the IATA Sandbox, 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 IATA Sandbox, 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 composing the IATA Sandbox.

(e)    Disruption. The User shall not interfere with or disrupt the IATA Sandbox, 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.

VIRUS POLICY

The User is exclusively responsible for protecting its own computer equipment, software, electrical equipment and 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, but without limitation, for direct and indirect damages) for viruses that may affect the User’s systems and resulting from access to and use of the IATA Sandbox.

LICENSE AND OWNERSHIP OF CONTENT

IATA owns and operates the IATA Sandbox. As between IATA and the User, all content, data, graphics, photographs, images, audio, video, software (including source code and object code), products, trade‑marks, service marks, trade names and all other components and information  (collectively, the “Content”) accessible by means of the IATA Sandbox are the exclusive property of IATA and/or its licensors. All of the Content is protected by all applicable 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.

As long as a User Account remains active, IATA grants to the User a limited, non-transferable, non‑exclusive, without financial counterpart right to access and use the IATA Sandbox, exclusively for the purpose of building test applications and prototyping. 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 other) in or to the IATA Sandbox. As between the User and IATA, IATA shall be considered the sole and exclusive owner of all components of the IATA Sandbox.

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

Notwithstanding the foregoing, IATA shall have no obligations with respect to any and all information and related materials published, stored or uploaded by the User in connection with the IATA Sandbox (the “User Content”). The User is the owner of the User Content and shall be the sole party responsible for the User Content. The User shall observe applicable data privacy standards. In particular, the User shall not furnish any confidential information such as personal data when using the IATA Sandbox. No confidentiality undertaking is hereby taken from IATA.

NO WARRANTY

The access and use of the IATA Sandbox is provided solely for testing and prototyping purposes and, unless otherwise stated in these Terms of Use, the IATA Sandbox 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 IATA Sandbox 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 IATA Sandbox 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 use of information, data, IATA Sandbox or other items offered by way of the IATA Sandbox with respect to their correctness, accuracy, compliance, usefulness, reliability or any other quality. IATA undertakes no obligation to continue to maintain the IATA Sandbox in operation or to produce new versions of or improvements to the IATA Sandbox.

The User has sole responsibility for adequate protection and backup of data and equipment used in connection with the IATA Sandbox 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 IATA Sandbox. Any material downloaded or otherwise obtained through the use of the IATA Sandbox is done at the User’s own discretion and risk and the User is solely responsible for any damage to its computer system 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 IATA Sandbox will create any warranty not expressly stated in the terms. IATA's employees are not authorized to vary these terms.

EXEMPTION/LIMITATION OF LIABILITY

To the maximum extent allowed under applicable legislation, and except for damages related to physical prejudice resulting from gross negligence or wilful misconduct, 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 IATA Sandbox or its components, even if IATA is advised of the possibility of such damages or even if such damages are reasonably foreseeable.

INDEMNIFICATION

The User agrees and undertakes to fully indemnify and hold harmless against any liability IATA, its licensors, successors and assigns, as well as its and their directors, shareholders, parent companies, employees, agents and representatives, resulting from 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; or (ii) any breach of these Terms of Use 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 IATA Sandbox, 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 IATA Sandbox in full compliance with applicable legislation and IATA’s Privacy Policy (the “Policy”). For more details, the User is encouraged to consult the Policy, available at http://www.iata.org/Pages/privacy.aspx.  

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 IATA Sandbox, 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 IATA Sandbox.

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 Québec and the federal laws of Canada applicable therein, without reference to choice of law provisions. The courts of Québec shall have exclusive jurisdiction over any judicial proceedings arising directly or indirectly from, or associated with, the use of the IATA Sandbox.

INDEPENDENT CONTRACTORS

It is mutually understood and agreed that nothing in these Terms of Use is intended to or will be construed to create or establish any agency, partnership or joint venture relationship between the parties hereto.

LANGUAGE

The User agrees that these Terms of Use shall solely be drafted in the English language. L’Usager est en accord que ces termes d’usage soient rédigés en langue Anglaise.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement binding the User to IATA with respect to the subject matter hereof. 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.

WAIVER AND ASSIGNMENT

Any non‑insistence by IATA on strict performance of any provision of these Terms of Use shall not be interpreted as a waiver of any right. Neither the conduct of relations between the User and IATA nor business practices shall act to amend any provision of these Terms of Use.

IATA may, at any time, assign its rights and obligations hereunder to any party, without prior notice.