DG AutoCheck
Terms of Use
Last updated: 31/05/2019
The following terms of use (the “Terms of Use”) set forth the terms and conditions for using the Dangerous Goods AutoCheck online subscription-based software tool (“DG AutoCheck”). These Terms of Use are a valid and binding agreement 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”).
The “User” as used herein means you on behalf of the company you are employed by and which is duly authorized to access and use DG AutoCheck under a valid subscription, including the Subscriber (as defined below) or a ground services provider authorized by the Subscriber to access and use its subscription on the Subscriber’s behalf. These Terms of Use apply to the desktop and mobile versions of DG AutoCheck offered by IATA and any reference to “DG AutoCheck” herein shall include all such versions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR USING DG AUTOCHECK.
PLEASE CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE BY CHECKING THE BOX LOCATED BELOW .
IF YOU DO NOT AGREE TO THE THESE TERMS OF USE, PLEASE REFRAIN FROM COMPLETING YOUR REGISTRATION AND/OR USING DG AUTOCHECK.
1. License and Use of DG AutoCheck
1.1. DG AutoCheck is a subscription-based product provided to the subscriber (“Subscriber”) under the terms of a subscription agreement between IATA and the Subscriber (“Subscription Agreement”).
1.2. The User is granted a single-user, non-exclusive, non-transferrable, non-assignable, revocable, limited license to access and use DG AutoCheck for the purpose described herein, in accordance with these Terms of Use. The User shall access and use the Subscriber’s subscription to DG AutoCheck to process dangerous goods declarations solely for the use and benefit of the Subscriber in Subscriber’s day-to-day air cargo operations/services involving the shipment of dangerous goods.
1.3. The User’s use of the Subscriber’s Subscription shall be entirely subject to, and shall in no event exceed, the Subscriber’s rights, obligations and restrictions under the Subscription Agreement, including any options or packages selected by Subscriber with respect to its subscription.
1.4. The User shall not access, use or make available the Subscriber’s subscription to DG AutoCheck or any portion thereof for its own benefit, or for the benefit of any person, entity or corporation other than Subscriber, even if such other person, entity or corporation is itself a subscriber of DG AutoCheck under a separate subscription.
2. Access Credentials
2.1. The User may only use access credentials issued specifically to such User by IATA or the Subscriber, and shall not use any access credentials issued to any other person, entity or corporation. The User agrees not to access DG AutoCheck by any other means than through the access credentials issued thereto. The User shall not attempt any unauthorized access to DG AutoCheck by deriving other access credentials or by any other means. The User is responsible for maintaining the confidentiality of the access credentials assigned thereto and shall be entirely liable for any activity that occurs using such access credentials. If the User’s access credentials are lost, stolen or otherwise compromised, including by any unauthorized use thereof, the User must immediately notify IATA by e-mail at INSERT EMAIL [SY3] so that IATA may take appropriate action.
2.2. If the User is issued administrator access credentials by IATA or the Subscriber, the User shall have the right to issue further (non-administrator) access credentials to other users working for the same company as the User for use of DG AutoCheck in accordance with these Terms of Use and any other terms that may be imposed by IATA.
3. Restrictions
3.1. The User shall not:
(a) reverse engineer, de-compile or disassemble DG AutoCheck, or separate DG AutoCheck into its component parts;
(b) redistribute, encumber, sell, re-sell, make mass, automated or systematic extractions from, or otherwise transfer to any other person, entity or corporation, DG AutoCheck;
(c) transfer in any manner any rights granted hereunder to any third party, entity, person or corporation;
(d) cause or permit anything that may or will impair, jeopardize, violate, or infringe the intellectual property rights of IATA or its licensors in DG AutoCheck, or directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of IATA or its licensors in DG AutoCheck, or assist any party in doing so;
(e) enter into any contract on behalf of IATA or assume or create any obligation whatsoever, express or implied, in the name of IATA, or otherwise bind IATA in any manner whatsoever;
(f) commercialize DG AutoCheck, or incorporate DG AutoCheck in products or services;
(g) remove or alter any trade-mark, logo, copyright or other proprietary notices, legends, symbols or labels in DG AutoCheck; and
(h) without limiting the generality of the foregoing, allow any third party, entity, person or corporation to have access to, or use, DG AutoCheck, directly or indirectly, without the prior written consent of IATA, which consent shall be at IATA’s sole and complete discretion.
3.2 The User acknowledges and agrees that any breach by the User of any terms, conditions or restrictions set forth hereunder shall entitle IATA to pursue against the User any and all remedies available to IATA, in addition to any other remedies IATA may have against the Subscriber where the User is distinct from the Subscriber.
4. Intellectual Property
4.1. DG AutoCheck is licensed, not sold. IATA owns, or is otherwise entitled to use and sub-licence, and hereby reserves to itself, all intellectual property rights in and to DG AutoCheck, and the User shall not take any action inconsistent with such ownership and rights. Nothing contained in these Terms of Use shall prevent IATA from using, sub-licensing or otherwise granting rights in, or making available, DG AutoCheck, or any portion thereof, in any form or manner, to any other person, entity or corporation at any time, for any purpose and on any terms. The User agrees to treat DG AutoCheck in the same manner as any other material protected by intellectual property laws and treaties.
4.2. Nothing in these Terms of Use shall be construed as a license, agreement or other permission to use or reproduce any of IATA’s trademarks, logos, trade names, product names, designs, graphics, images, text or other intellectual property of IATA.
5. Final Decisions
5.1. DG AutoCheck is provided for internal verification purposes only to assist in facilitating dangerous goods acceptance checks by or on behalf of Subscriber. For clarity, all final decisions with respect to acceptance/rejection of shipments/consignments containing dangerous goods shall be made solely and exclusively by DGR Category 6-trained personnel of Subscriber and/or its ground services provider(s), as required by applicable legal obligations, rules, laws and/or regulations. All such final decisions shall be the sole and exclusive responsibility of the Subscriber and/or its grounds services provider(s). The Subscriber and/or its ground services provider(s) shall in all circumstances remain solely and entirely responsible and liable for compliance with, and for any violations of, any legal obligations, rules, laws and/or regulations relating to the shipment/consignment of dangerous goods.
6. Disclaimer of Warranty
6.1. WHILE IATA HAS USED REASONABLE COMMERCIAL EFFORTS IN CREATING, MAINTAINING AND UPDATING DG AUTOCHECK, DG AUTOCHECK IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND IATA DOES NOT WARRANT OR REPRESENT THAT DG AUTOCHECK OR THE INFORMATION CONTAINED THEREIN IS COMPLETE OR FREE FROM ERRORS, OR THAT THE OPERATION OF DG AUTOCHECK SHALL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IATA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION, QUALITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IATA DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT SUBSCRIBER’S AND/OR ITS GROUNDS SERVICES PROVIDERS’ USE OF DG AUTOCHECK WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, RULES, LAWS OR REGULATIONS, INCLUDING WITHOUT LIMITATION ANY LEGAL OBLIGATIONS, RULES, LAWS OR REGULATIONS RELATING TO THE SHIPMENT/CONSIGNMENT OF DANGEROUS GOODS. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THESE TERMS OF USE.
7. Limitation of Liability
7.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IATA BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM ANY USE OF (INCLUDING RELIANCE), OR INABILITY TO USE, DG AUTOCHECK, OR OTHERWISE ARISING IN RELATION TO THESE TERMS OF USE, EVEN IF IATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
8.1. THE USER HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS IATA, AND ITS OFFICERS, EMPLOYEES, AGENTS AND SERVANTS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS, ATTORNEYS’ FEES, EXPENSES AND LIABILITY OF ANY KIND OR NATURE WHICH THEY MAY INCUR, SUFFER OR BE REQUIRED TO PAY, WHICH MAY RESULT, DIRECTLY OR INDIRECTLY, FROM ANY USE (INCLUDING, WITHOUT LIMITATION, RELIANCE) BY THE USER, OR FROM ANY BREACH OF THESE TERMS OF USE BY THE USER.
9. Termination and Denial of Access
9.1. IATA may, in its complete discretion, and without any notice, terminate the license granted hereunder, and cancel, limit and/or suspend the User’s access to, and/or use of, DG AutoCheck for any reason, including without limitation: (i) any breach or other failure by the User to comply with any terms, conditions or restrictions of these Terms of Use or the Subscription Agreement; (ii) termination (for any reason) or expiration of the Subscriber’s subscription to DG AutoCheck; or (iii) suspension or discontinuation of DG AutoCheck by IATA (for any reason).
9.2. The User shall immediately cease all access and use of Subscriber’s DG AutoCheck subscription upon termination or expiration of such subscription.
10. Miscellaneous
10.1. Virus Protection. 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 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, DG AutoCheck.
10.2. Cookies. In connection with the use of DG AutoCheck, cookies and other technologies may be used in compliance with applicable laws so as to monitor the User’s use of DG AutoCheck. The User may configure its web browser to provide a warning 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 DG AutoCheck.[YS4]
10.3. Assignment. IATA may, at any time, assign or otherwise transfer its rights and obligations hereunder to any party, without prior notice. The User may not assign or otherwise transfer any of its rights or obligations hereunder to any party without the prior written consent of IATA.
10.4. Force Majeure. The availability of DG AutoCheck is subject to circumstances beyond IATA’s reasonable control including, but not limited to, acts of God, war, government regulations, disaster, disease, epidemics, quarantine restrictions, terrorist actions, strikes, civil disorders, curtailment of transportation facilities or other emergencies, making it impractical, inadvisable, illegal or impossible for a party to perform its obligations under these Terms of Use. In these circumstances, the User’s access to, and use of, DG AutoCheck may be suspended indefinitely or cancelled permanently.
10.5. Non-Waiver. The failure by IATA at any time to require performance by the User of any of its obligations shall not affect IATA’s rights to require such performance at any time thereafter. A waiver by IATA of a breach or specific delay shall not be taken or held to be a waiver of any subsequent breach or delay.
10.6. Amendment. These Terms of Use may be amended or modified by IATA at any time by providing reasonable written notice to the User.
10.7. Severability. If any provision of these Terms of Use shall be held invalid, illegal or unenforceable, such provision shall be amended only to the extent required to make same comply with applicable law or legislation, and the validity of the remaining portions or provisions of these Terms of Use shall not be affected thereby.
10.8. Governing Law, Jurisdiction and Venue. These Terms of Use shall be governed by, and construed in accordance with, the laws of the Province of Quebec, Canada, excluding its choice-of-law principles. The parties agree to submit all their disputes, controversies, differences or claims arising from, or relating to, these Terms of Use, to the exclusive jurisdiction and venue of the courts of the district of Montreal in the Province of Quebec, Canada.
10.9. Entire Agreement. These Terms of Use contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings between the parties, with the exception of the Subscription Agreement (where applicable). In the event of any conflict or inconsistency between the terms of the Subscription Agreement and these Terms of Use, the terms of the Subscription Agreement shall govern.