1. TERMS
AND CONDITIONS
1. 1750053
Ontario Ltd., ATA, through Softvoyage (“ATA”,
“1750053 Ontario Ltd.”, “Softvoyage”
or “we” or “our” or “us”) provides this SIREV
website to you. Your use of SIREV is subject to the following terms and
conditions of use (these “Terms”). These Terms explain a contractual
agreement between you and us regarding your use of SIREV. You should retain a
copy of these Terms for your records. Please note, however, that we may update
and amend these Terms from time to time. We will do our best to notify you of
these changes however, it is your responsibility to monitor changes to these
terms and conditions.
2. WHAT
YOU SHOULD KNOW
1. The use
of SIREV is reserved exclusively to travel industry professionals who are
validly licensed and in good standing in Canada. The goal of SIREV is to
provide you with access to information about travel products and services, and
related subject matter (the “Content”). The Terms apply to all
visitors to SIREV, and your access to and use of SIREV signifies your agreement
with these Terms. DO NOT USE SIREV IF YOU DO NOT AGREE WITH THESE TERMS. We
reserve the right, in our sole discretion, to modify or update these Terms at
any time. Such modifications and updates shall be effective immediately upon
posting. You agree to be bound by such modified and updated Terms if you access
or use SIREV after we have posted notice of such modifications or updates.
2. This
website may permit you to link to many other websites that may or may not be
affiliated with SIREV and/or with us. The other linked websites may have
different terms of use that are not the same as these Terms, or may not have
terms of use. We encourage you to read the terms of use (if any) for all such
websites as they may be materially different from these terms. Your access to
and use of such linked websites through links provided on SIREV is governed by
the terms of use and policies of those sites, not SIREV.
3. Payment
& Commissions will be collected by 1750053 Ontario Ltd. and paid out to ATA
Members Only. Commissions collected will be paid out to the ATA Member
account associated with the email used to sign up for SIREV, provided the
following has been met: i) ATA Member is in good
standing with Amadeus, ATA, and SoftVoyage, ii) Members do not have any outstanding balance due to 1750053
Ontario Ltd., ATA Vacations Inc., Amadeus, and Softvoyage. iii) the ATA member has
submitted banking details in the form of a VOID cheque that is associated with
their ATA Member account. Commissions will be paid to Member within 30
days after vendor payout dates. Commission amounts paid out are
determined by the Suppliers and are non-negotiable.
4. Disputes
brought forth by Member’s customers are the responsibility of the Member.
Member agrees to accept all responsibility of the booking and release all
liability from 1750053 Ontario Ltd., ATA and Softvoyage.
3. PRIVACY
1. The
collection and use of information about the users and visitors to SIREV is
subject to the Softvoyage’s Privacy Policy. For more
information, please review the Softvoyage’s Privacy
Policy.
4. USE OF
SIREV
1. We
and/or our third party partners, content providers,
merchants, sponsors, and licensors (collectively, the “Providers”)
provide, market and distribute certain travel-related products and/or services
via the Internet at SIREV. Unless otherwise stated, all of the services and/or
products offered to travellers via SIREV are subject to Providers’ terms and
conditions applicable to a reservation or purchase of a product and/or service.
2. All
Content on SIREV, including text, photographs, images, illustrations, audio
clips, and video clips, is protected by copyrights, trademarks, service marks,
and/or other intellectual property rights. The Content is owned and controlled
by the Providers, or us or our affiliates that have licensed their content or
the right to market their products and/or services to us.
3. Trademarks,
copyrights or other third party intellectual property
referred to on SIREV are the property of their respective owners, and use on
SIREV thereof does not constitute or imply endorsement. You agree to abide by
all additional copyright notices, information, or restrictions contained in any
Content.
4. Content
on SIREV is solely for your personal, non-commercial use. In other words, usage
rights are for you personally, and you only. You cannot grant access or usage
rights to any other person or third party.
5. By
“non-commercial use”, we mean usage of a shopping platform by a
travel agent in the performance of the duties normally performed while acting
as an advisor to travellers, for example, to complete reservations on their
behalf, or inform or serve them in that context. You may not copy, modify,
reproduce, republish, upload, post, transmit, distribute, and/or exploit the
Content in any way (including by e-mail or other electronic means) for
commercial use without the prior written consent of us.
6. Your
modification of the Content, use of the Content on any other website or
networked computer environment, or use of the Content for any purpose other
than personal, non-commercial use, without the prior written consent of us and
the Providers (as applicable), violates our intellectual property rights and
proprietary rights, and those of the Content owners and is prohibited.
7. You may
not use, on your website or otherwise, any registered or unregistered
trademarks, service marks or copyrighted materials appearing on SIREV,
including any logos or characters, without the express written consent of the
owner of the mark or copyright. You may not frame, deep link, or otherwise
incorporate into another website any of the Content or other materials on SIREV
without our express prior written consent.
8. Violation
of trademark, copyright and other intellectual property laws may result in
significant civil liability or criminal penalties under applicable law. You
recognize that any reproduction or use of Content, except as authorized by
these Terms, is considered intentional infringement.
5. USER’S
RESPONSIBILITIES
1. You
warrant and represent that you will not use SIREV for any purpose that is
unlawful or prohibited by these Terms, including the posting or transmitting of
any threatening, libellous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If you violate any of these Terms, your
permission to use SIREV may be immediately suspended without the necessity of
any notice. We may also terminate your usage rights if you fail to correct the
situation within 48 hours following a notice to this effect.
2. We
retain the right to deny access to anyone for violation of these Terms.
3. You are
solely responsible for your Information, and in some cases, we act as a passive
conduit for your online distribution and publication of your Information. As
used in these Terms, “Information” means any information or data that
you submit to SIREV and any information or data that is generated by SIREV as a
result of your use of SIREV.
4. You
shall maintain in confidence the user identification names, numbers or codes
(collectively, “IDs”), confirmation numbers, and/or passwords (as
applicable) that you use to access SIREV or that are provided to you as a
result of your use of SIREV. You agree not to distribute or disclose the same
to third parties. It is your responsibility to notify us if we need to change
or discontinue any of your IDs, confirmation numbers, or passwords. lt is also
your responsibility to immediately request
discontinuation of an ID, confirmation number, or password upon your knowledge
or belief that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. If you violate any of these Terms,
your permission to use SIREV may be immediately suspended without the necessity
of any notice. We may also terminate your usage rights if you fail to correct
the situation within 48 hours following a notice to this effect.
5. You
agree to provide true, accurate, current and complete Information. If you
provide any Information that is untrue, inaccurate, not current or incomplete
(or we have reasonable grounds to suspect that any Information is untrue,
inaccurate, not current or incomplete), we have the right to suspend or
terminate your access and activity, and refuse any and all current or future
use of SIREV.
6. PROHIBITED
ACTIVITIES
1. You are
specifically prohibited from any use of SIREV, and you agree not to use or
permit others to use SIREV, for any of the following: (a) taking any action
that imposes an unreasonable or disproportionately large load on the SIREV’s
infrastructure, including the use of “spam” or other such unsolicited
mass e-mailing techniques; (b) disclosing to, or sharing with, the assigned
confirmation numbers and/or passwords or IDs with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords or IDs for
any unauthorized purpose; (c) attempting to decipher, decompile, disassemble,
or reverse engineer any of the software or HTML code comprising or in any way
making up a part of SIREV; (d) uploading, posting, emailing, or otherwise
transmitting any Information, Content, or proprietary rights that you do not
have a right to transmit; (e) violating any applicable law; and, (f) using any
robot, spider, intelligent agent, other automatic device, or manual process to
search, monitor or copy our Web pages, or the Content without our prior written
permission, provided that generally available third party Web browsers such as
Microsoft Internet Explorer may be used without such permission.
7. INFORMATION
POSTED TO SIREV
1. With
respect to all Information you elect to post to
publicly accessible areas of SIREV, as the case may be, you agree that we have
the right to use, reproduce, modify, publish, perform, display, and transmit
such Information (in whole or part) worldwide; provided that such use is
subject to the terms of Softvoyage’s Privacy Policy.
2. You
acknowledge and agree that we may preserve or disclose Information, if required
to do so by law or in the good-faith belief that such disclosure is reasonably
necessary to: (i) comply with law or legal process;
(ii) enforce the Terms; (iii) respond to claims that any Information violates
the rights of third parties; or (iv) protect the rights, property, or personal
safety of our business, employees, Providers, affiliates, users, and/or the
public. You further acknowledge and agree that we may share Information with
our affiliates and/or third parties, including affiliates and/or third parties
in other countries.
8. LINKS
TO OTHER WEBSITES
1. SIREV
may contain links to third-party or other websites (the “Linked
sites”). The links will let you leave SIREV, and you access the Linked
sites at your own risk. You acknowledge that we provide links to the Linked
sites for your convenience and information only. We do not endorse nor are we
responsible for any content, information, or other related materials found at
any such Linked sites or any links contained within such Linked sites, whether
or not we are affiliated with the owners of such Linked sites. Moreover, we do
not control any use of content, information or other related material that you
provide to, or is collected and/or tracked by, such Linked sites. Such use by
Linked sites is governed by the terms of use statements and/or privacy policies
of such Linked sites, not SIREV, and as a result may differ from the Terms
and/or Softvoyage’s Privacy Policy. You may not
establish a hyperlink to SIREV or provide any links that state or imply any
sponsorship or endorsement of your website by us or any of the Providers.
9. DEALINGS
WITH ADVERTISERS
1. Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through SIREV, including payment and delivery of
related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings are solely between you and such
advertiser. You agree that we (and the Providers) shall neither be responsible
nor liable for any loss or damage incurred by you as the result of any such
dealings or as the result of the presence of such advertisers on SIREV.
10. NO
WARRANTIES
1. ALL
CONTENT AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE CANADIAN LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW
AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. NEITHER
WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON
INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT
THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE
AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE
RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
3. EXCEPT
FOR SUCH CONTENT THAT WE MAY ELECT TO CREATE AND PUBLISH, WE ARE A DISTRIBUTOR
AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION
AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE,
STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE
BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE
AUTHORS OR DISTRIBUTORS.
4. YOU USE
THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING AND REPAIR OR CORRECTION OF YOUR SYSTEM.
11. LIMITATION
OF LIABILITY
1. IN NO
EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS),
NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY
PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS
WEBSITE OR ANY CONTENT AND SERVICES RELATED THERETO, BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FROM THE USE OR ATTEMPTED USE OF
THIS WEBSITE OR ANY OTHER LINKED SITE.
2. OUR
LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO
US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) . SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF
LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
3. BY WAY
OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM, CHARGEBACK OR DAMAGE ARISING FROM: FRAUD, FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS,
THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF CONTENT, SERVICES, INFORMATION, OPINIONS, OR
OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
4. The
limitation of liability reflects the allocation of risk between the parties.
The limitations specified in this Section 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 us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents of such.
12. GOVERNING
LAW AND JURISDICTION
1. Softvoyage operates portions of
SIREV (excluding Linked Sites) from its offices within the province of Quebec,
Canada. You agree that these Terms and your use of the website shall be
governed in all respect by the internal substantive laws of the province of
Quebec, Canada, without regard to conflict-of-laws
provisions and shall not be governed by the United Nations Convention on the
International Sale of Goods. You further submit to exclusive jurisdiction and
venue in the courts located in the district of Montreal for all disputes, cases
and controversies regarding SIREV, your use of SIREV, and your relationship
with us.
2. We make
no representation that materials on SIREV are appropriate or available for use
in other locations, and accessing them from territories where the Content is
illegal is prohibited. Those who choose to access SIREV from other locations do
so at their own risk and are responsible for compliance with local laws,
including laws regarding the transmission of technical data exported from
Canada or the country in which you reside.
13. WRONGDOING
1. We
reserve the right to report any wrongdoing, if and when we become aware of it,
to any applicable government agencies and/or applicable local law enforcement
agencies.
14. OTHER
GENERAL PROVISIONS
1. Our
failure to act with respect to a breach by you or others does not waive our
right to act with respect to those breaches, or any subsequent or similar
breaches.
2. If any
provision of these Terms is held to be invalid or unenforceable, such provision
will be struck and the remaining provisions enforced. Headings are for
reference purposes only.
3. You and
we are dealing at arms’ length, creating a commercial relationship. We are not
your agent or your fiduciary.
4. The
provisions and conditions of these Terms, and each obligation referenced
herein, represent the entire Agreement between us (including the Providers) and
you, and supersede any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between these Terms and any
future published terms of use or understanding, the last published Terms shall
prevail.
5. The
Terms and Conditions outline in this document are between you and us. None of
these Terms and Conditions are applicable to the Terms and Conditions of each
participating supplier. Those Terms and Conditions are between you each
supplier.
