Travelport e-Pricing Search Control Console (“SCC”) PRODUCT AND SITE TERMS OF USE (EFFECTIVE MAY 15, 2013)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

THE SITE

Travelport e-Pricing Search Control Console (“Site”) is made available for your use by Travelport, LP (“Travelport”, “we”, “us”, “our”) subject to, and conditional on, these terms of use (“Terms”) and any changes to these Terms which we may publish from time to time.  By using the Site, you the user (“you”, “your”, “user”) agree to, and are bound by, these Terms.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to amend and alter these Terms from time to time and in such manner as we, in our sole discretion, think fit.  By continuing to access, use or browse the Site in any way, you agree to, and are bound by, any changes to these Terms. Your use of the Site will be subject to the most current version of these Terms. Please check these Terms periodically for changes and to review the then current version of these Terms.

CONTENT

We reserve the right, in our sole discretion, to change any or all content on the Site from time to time and in such manner as we, in our sole discretion, think fit, including, but not limited to, products, programs, or services described on or offered through the Site, without notice and without liability.

We reserve the right, in our sole discretion, to delete or remove any content from the Site, and to restrict, suspend, or terminate your access to all or part of the Site, at any time without prior notice from, or liability to, us.

AVAILABILITY

Although we endeavor to provide constant, uninterrupted access to the Site, we cannot and do not guarantee this access.  From time to time, access to the Site may not be available due to outages for any or no reason, such as scheduled maintenance or upgrades or events beyond our control. 

HARDWARE REQUIREMENTS

We accept no responsibility or liability for any changes, or the obligation to notify you of any changes, to the hardware and software requirements that are likely to have an impact on your ability to receive, access, display, store, and print information that we may provide to you on the Site.

ACCESS

You may use the Site solely for the purpose of creating, modifying and deleting Travelport e-Pricing Search Control Console “business rules” by the entity which has authorized, and during the continuation of your use of the Site authorizes, you to use the Site (“your Authorizing Entity”) to create, modify and delete Travelport e-Pricing Search Control Console “business rules” provided your Authorizing Entity at all times during your use of the Travelport e-Pricing Search Control Console Site has:

  1. a current and valid agreement in force pursuant to which Travelport grants your Authorizing Entity a license to use and access Travelport Apollo, Galileo, and Worldspan global distribution systems (“License Agreement”);
  2. a current and valid agreement in force pursuant to which Travelport grants your Authorizing Entity a license to use and access Travelport e-Pricing Search Control Console as a means of  creating, modifying and deleting e-Pricing Search Control Console business rules onto the Travelport System solely for its own business purposes; and
  3. a Travelport pseudo-city code (“PCC”) / subscriber identity (“SID”).

USE

Creating Account:

Pages on the Site enable you to create and configure designated secure environments for your Authorizing Entity on the Site (“your Authorizing Entity’s Account”).  By creating or configuring your Authorizing Entity’s Account, you warrant that you are authorized by your Authorizing Entity to use the Site and to create your Authorizing Entity’s Account and you will be solely responsible for:

  1. creating, modifying, deleting, and otherwise managing your Authorizing Entity’s Account, including the accuracy of the Travelport e-Pricing Search Control Console business rules loaded or submitted on the Site;
  2. creating, maintaining, assigning, controlling, and otherwise managing your Authorizing Entity’s login names and passwords; and
  3. maintaining the accuracy of your Authorizing Entity’s Account, in particular, but without limitation, updating from time to time your Authorizing Entity’s details.

Creating, Modifying, and Deleting Travelport e-Pricing Search Control Console “business rules”:

Pages on the Site enable you to access, create, modify, delete, search, view, change, and use various Travelport e-Pricing Search Control Console business rules and data elements.  By so using the Site, you warrant that you are authorized by your Authorizing Entity to so use the Site.  You will review all Travelport e-Pricing Search Control Console “business rules” and data created, entered, submitted, loaded, and manipulated on the Site which may also be business rules”.  Once a Travelport e-Pricing Search Control Console “business rule” has been entered into the Site, you will test each of the ”business rules” in your Authorizing Entity’s PCC/SID.  You and your Authorizing Entity are solely, jointly, and severally responsible for the Travelport e-Pricing Search Control Console “business rules”, in particular, without limitation, the accuracy of the ”business rules”.  Travelport is not responsible in any way whatsoever for Travelport e-Pricing Search Control Console “business rules”.  Travelport e-Pricing Search Control Console “business rules”, via any means whatsoever, will become Travelport’s sole property, subject to these Terms, and is transmitted at your and your Authorizing Entity’s sole risk.

By amending, altering or otherwise manipulating any Travelport e-Pricing Search Control Console “business rules”, you warrant that you have been authorized by your Authorizing Entity to do so and that each such amendment, alteration or other manipulation is strictly in accordance with any Travelport e-Pricing Search Control Console “business rules” or other applicable agreement entered into between your Authorizing Entity.  You amend, alter, or otherwise manipulate any Travelport e-Pricing Search Control Console “business rules” at your and your Authorizing Entity’s sole risk.  Travelport is not responsible in any way whatsoever for any such amendment, alteration, or other manipulation.

Security:

By using the Site, you warrant that you are, and will at all times during your use of the Site, authorized by your Authorizing Entity to use the Site, the login name, and password created and configured for use by your Authorizing Entity on the Site, and the Travelport e-Pricing Search Control Console contracts.  You will be solely responsible for maintaining the confidentiality of your Authorizing Entity’s login names and passwords.  You will use best efforts to ensure that the security procedures are kept secret at all times and to logout after you have completed each session of use of the Site.

You will, immediately upon becoming aware of any unauthorized use of or access to your Authorizing Entity’s login names and passwords, or your Authorizing Entity’s Account, contact the Travelport Help Desk so that new credentials may be created.

General:

Except as expressly permitted by these Terms, you will not:

  1. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site;
  2. remove any copyright, trademark or other proprietary notices, contained on the Site;
  3. disrupt or interfere with any other party's enjoyment of the Site;
  4. upload, post, or otherwise transmit through the Site any viruses, worms, "Trojan horse", time bombs, malware, or other harmful, contaminating, disruptive or destructive files;
  5. publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate through the Site;
  6. use the Site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend Travelport or any other party;
  7. use the Site to violate the security of any system, network, or service, including:

a.     unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account such as by hacking, cracking, port scans, or flood pings;

b.    unauthorized monitoring of data or traffic;

c.     interfering with the service to any user, host, system or network; and

d.    conducting denial of service attacks,

  1. disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any content, servers or networks connected to or accessible through the Site or any affiliated or Third Party Sites (as defined below);
  2. use any "robot", "spider" or other automatic device, software, program, algorithm, routine, methodology, or any manual process or functionality:

a.     that interferes or attempts to interfere with the normal operation of the Site; or

b.    to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on the Site,  

  1. attempt to gain unauthorized access to the Site or any networks connected to the Site, whether through hacking, password mining or any other means;
  2. obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Site;
  3. perform any action that is deemed by us to impose a burden or unreasonable load on our servers, networks, or other computer equipment;
  4. use the Site for any unlawful purpose or in any manner that is prohibited by these Terms; or
  5. assign, convey, subcontract, delete or transfer any rights, duties or obligations under these Terms.

We reserve the right, in our sole discretion, at all times to monitor, retain, or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

INTELLECTUAL PROPERTY

The Site, and all materials and content on the Site, including without limitation, trademarks, logos, service marks, designs, images, illustrations, text, audio clips, video clips, displayed on the Site, is governed and protected by United States and worldwide copyright, trademark, or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes (“Intellectual Property”). The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products or services ("IP Providers").

The Intellectual Property is provided solely for your personal and non-commercial use.  You will not copy, reproduce, republish, upload, post, transmit, distribute, redistribute, incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form, or otherwise use or exploit the content on the Site without our prior written consent or the consent of the relevant  IP Provider except as follows:

  1. to download a copy of any portion of the Site, and any Intellectual Property, to the local hard drive of the computer used by you to access the Site solely in accordance with these Terms; and
  2. to print extracts of the Site provided it is solely in accordance with these Terms.

You will not provide a link to the Site from another web site without our prior written consent.
Nothing displayed on the Site will be construed as granting any license or right of use of any Intellectual Property.

All software, applications, and modules used or available on the Site ("Software") are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any Software.

The United States controls the export of products and information. You agree to comply with any applicable restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you warrant and represent that:

  1. you are not in a country where such export is prohibited;
  2. you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and
  3. you are not providing access to the Intellectual Property to any person situated in a country where such export is prohibited or on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals.

INFORMATION SENT FROM USERS

We would like to receive your voluntary feedback and suggestions on the Site to support continual improvements to the Site.  To solicit your feedback, we may invite you to participate in usability studies, surveys, and other types of qualitative and quantitative research to help us better design the Site, plan new features, and help understand the needs and preferences of visitors to the Site.

As between the two of us, any content you send to us, whether via e-mail, forms, messages, ideas, or suggestions, becomes our sole property and is transmitted by you at your sole risk.  You represent and warrant that you own or have the right to submit such information to us.

YOUR WARRANTIES

You represent and warrant that:

  1. you are at least 18 years of age or have otherwise attained the age of majority;
  2. you are authorized and able to create binding legal obligations for any liability incurred as a result of your use of the Site;
  3. you will abide by all laws and regulations and codes of conduct applicable to your use of the Site; and
  4. you will abide by these Terms in your use of the Site;
  5. your performance of the obligations on your part contained in these Terms will not conflict with or result in a breach of any agreement to which you or your Authorizing Entity is a party or is otherwise bound;
  6. you are authorized to create, modify, and delete the Travelport Search Control Console “business rules” to Travelport;
  7. you own, or have a license to use the Travelport e-Pricing Search Control Console provided for use via the Site;
  8. you have completed a Travelport online training course relating to the use of the Site; and
  9. you will not make any representations or warranties on behalf of Travelport.

DISCLAIMER

YOUR USE OF THE SITE WILL BE AT YOUR OWN RISK.  THE SITE, AND THE CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.  ALL SUCH CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR PROVIDERS, DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  1. IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY, OR ACCURACY OF ANY OF THE SITE OR ANY CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE;
  2. ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
  3. ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE.

ALTHOUGH WE ENDEAVOUR TO PROVIDE CONSTANT, UNINTERRUPTED ACCESS TO THE SITE, WE CANNOT AND DO NOT GUARANTEE THIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY INTERRUPTION OR DELAY OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION OR DELAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR RELIANCE ON ANY PART OF THE SITE.  YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER USER WHO HAS ACCESSED THE SITE VIA YOUR LOGIN< PASSWORD OR OTHER ACCESS INFORMATION.

YOUR USE OF THE SITE, ANY THIRD PARTY SITE OR THE INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE WILL BE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES, WHETHER AS A RESULT OF ANY COMPUTER VIRUS, SIMILAR SOFTWARE CODE OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT:

  1. INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE, OR OUR PROVIDERS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE;
  2. WILL WE, OR OUR PROVIDERS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
  3. WILL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS, EXCEED TOTAL SUM OF ONE HUNDRED UNITED STATES DOLLARS (US$100.00).

ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, THE SITE WILL BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.

WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF THE SITE OR ANY MATERIALS OR CONTENT FROM THE SITE.

THE LIMITATIONS SPECIFIED IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF TRAVELPORT AND THE PROVIDERS, AND TO ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.

INTERNATIONAL USE

Accessing materials, contents and services available on the Site from territories where such materials, contents and services are illegal is prohibited. If you choose to access the Site from such locations, you do so at your own risk, on your own initiative, and will be solely responsible for complying with applicable laws, rules and regulations.

INDEMNIFICATION

These Terms are for our benefit and that of the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities will have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You will defend and indemnify us, our subsidiaries, affiliates, officers, directors, employees, and agents, or our Providers, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by you, on your behalf in excess of the liability described in these Terms or by any third party against us, our subsidiaries, affiliates, officers, directors, employees, or agents, or our Providers, and each of their respective officers, directors, employees, or agents, due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, computer viruses), your use of or connection to the Site, your use of or connection to any Third Party Site, your violation of these Terms, any law, rules and regulations, or the rights of any third party, your use of any Intellectual Property or Software on the Site, or any content or materials submitted or loaded by you through the Site.

ENTIRE AGREEMENT

These Terms, and any other terms and conditions incorporated by reference in these Terms constitute the entire agreement with respect to the Site and your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Site and your use of the Site.

WRITTEN DOCUMENTATION

A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

HEADINGS

The headings in these Terms are for information only and are to be ignored in construing these Terms.  The headings will not limit or affect these Terms.

RIGHTS RESERVED

We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.

We reserve all rights not expressly granted or stated in these Terms.

LANGUAGE

Although translations of these Terms, including any other terms and conditions referenced in these Terms, may be available, such translations may not be up to date or complete.  You agree that in the event of any conflict, the English language version of these Terms, and any other terms and conditions referenced in these Terms, will prevail.

GOVERNING LAW

The Site is controlled by us from our offices in the State of Georgia, U.S.A.  These Terms will be governed by and construed in accordance with the laws of the State Georgia, U.S.A., without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to the Site or these Terms will be brought and tried only in federal courts located in Atlanta, Georgia, U.S.A., or state courts located in Fulton County, Georgia, U.S.A., and you hereby agree, and submit, to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY

If for any reason any provision of these Terms is:

  1. to be invalid, illegal, or unenforceable by any court or competent authority; or
  2. rendered invalid, illegal, or unenforceable by the introduction of, or change in, any statute, regulation, applicable code or other ordinance or in their interpretation,

then such provision will be deemed deleted without prejudice to the remaining provisions of these Terms which will continue in full force and effect and continue to be binding and enforceable.

WAIVER

A waiver of any term, provision or condition of, or consent granted under, these Terms will be effective only if given in writing and signed by us.  Such waiver will only be effective in the instance, and for the purpose for which, it is given.

No failure or delay on our part in exercising any right, power or privilege under these Terms will operate as a waiver of such right, power or privilege.

No single or partial exercise of any right, power or privilege by us will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege by us.

TERMINATION

We reserve the right, in our sole discretion and without liability, to suspend or terminate your access to all or part of the Site, with or without notice, for any reason or no reason.

ASSISTANCE

Online Help:

The Site offers an extensive online help system which is directly accessible within the Site.  The “Online Help” system includes:

Support:

Technical support and further guidance is provided by your local Travelport Help Desk.

Training:

An online training demo is available for product overview and training.

CONTACT

If you have any questions or concerns about the Site or these Terms, please contact us at Travelport, LP, with offices located at 300 Galleria Parkway, Atlanta, GA, 30339, U.S.A.

© 2003-2013 Travelport. All rights reserved. All trademarks and other proprietary material depicted herein are the property of Travelport or third parties and are protected by state, federal, and/or international laws.