Effective Date: 24 September 2024

1. Introduction

Welcome to the International Air Transport Association (IATA) Store eCommerce platform (the "IATA Store”). These Terms and Conditions of Sale (“Conditions of Sale”) are entered into between you (the “Customer” or “you”) and the International Air Transport Association, an association created by a Special Act of the Parliament of Canada ("IATA," "we," or "us") and will govern all purchases made through the IATA Store, including publications, training programs, events, and subscriptions (“Products”). By accessing and using the IATA Store, including by making any purchase through the IATA Store, you agree to abide by these Conditions of Sale. Please read them carefully. If you do not agree with any part of these terms, you must refrain from using the IATA Store.

2. Product-specific Terms and Conditions

Each Product purchased through the IATA Store may have additional terms and conditions which specifically apply to such Product (“Product-Specific Terms and Conditions”). Where any Product-Specific Terms and Conditions apply, the Customer will be required to accept same upon purchase of the relevant Product and such Product-Specific Terms and Conditions will supplement (and in case of conflict take precedence over) these Conditions of Sale.

3. Authorized Users

Upon successful purchase of a Product through the IATA Store, IATA hereby grants the Customer a limited, conditional, non-exclusive and non-transferable right to permit those employees or contractors of the Customer only, who are specifically authorized by the Customer (the “Authorized Users”) for the subscription period applicable to such Product, to access and use the Products strictly for the sole purpose of Customer’s internal business operations (the “Permitted Purpose”).

The Customer shall be responsible for compliance by all Authorized Users with these Conditions of Sale and that the restrictions on the Customer set out within these Conditions of Sale shall, unless the context requires otherwise, equally apply to any such persons.

4. Restrictions on Use

The Customer shall not, and shall not allow its Authorized Users, under any circumstances to:

a) use, copy, modify, adapt, correct errors, or create derivative works from the Products;

b) decode, reverse engineer, de-compile or disassemble the Products or otherwise translate, make alterations to the Products;

c) sub-license any rights granted hereunder to any third party, entity or person without having received the prior written consent of IATA, which consent shall be at IATA’s sole discretion;

d) publish, sell, transfer, redistribute, let or hire or otherwise provide or disclose the Products or any information or data contained in the Products or any part thereof, or any derivative product, directly or indirectly, to any third party, entity or person not an Authorized User;

e) use in any manner the Products and any information or data contained in the Products or any part thereof during the subscription term, except for the Permitted Purpose only;

f) directly or indirectly export or transmit the Products or related materials (or any part thereof) to any country to which such export or transmission is restricted by any applicable regulation or statute, without the prior written consent of the competent governmental authority and of IATA;

g) enter into any contract on behalf of IATA or assume or create any obligation whatsoever, expressed or implied, in the name of IATA or otherwise bind IATA in any manner whatsoever;

h) provide the Product to, or incorporate the Products in products or services provided to other airlines or airline providers by Customer to any third party;

i) use any confidential information of IATA or any IATA information in conjunction with any generative artificial intelligence chatbot, platform or tool or any such similar or subsequent technology (AI Tool), including uploading, scanning onto or transferring in any manner onto any such AI Tool, manually or by means of electronic transfer; or use the AI Tool for any interrogation, assessment or analysis of whatsoever nature, kind or purpose; or to obtain, create or produce any form of modified or derivative version of IATA’s confidential information or other IATA information;

j) commercially exploit the Products unless explicitly agreed upon by IATA; and

k) without limiting the generality of the foregoing subsections, allow any third party, entity or person to have access to or use of the Products, directly or indirectly, without the prior written consent of IATA, which consent shall be at IATA’s sole discretion.

5. Purchases and Subscriptions

 

5.1 Placing an order

a) You may be asked to provide additional information relevant to your order for Products, including credit card, billing, and shipping information.

b) By submitting such additional information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.

c) IATA reserves the right to refuse or cancel your order at any time as a result of Products not being available, errors in the description or prices for Products, or if fraud or an unauthorized or illegal transaction is suspected, including a violation of any applicable international economic, financial or trade sanctions legislation.

d) Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

5.2 No Refunds

a) All sales are final, and no refunds will be given except, insofar as is applicable, for events passes or training programs that were cancelled by IATA.

5.3 Invoices

a) Upon completion of purchase and check-out, IATA will issue an invoice to you.

b) All your invoices can be accessed through your IATA Store account or SIS as may be applicable.

c) Unless otherwise specified on the invoice or pre-payment advice, payment is due immediately for all orders.

5.4 Taxes

a) Any payments must be made without any set-off or counterclaim and free of deduction or withholding (except as required by law) of any taxes, governmental charges or other fees. If any deduction or withholding is required by law, you must pay the required amount to the relevant governmental authority, provide IATA with an official receipt or certified copy or other documentation acceptable to IATA evidencing the payment, and pay to IATA, in addition to the payment to which IATA is otherwise entitled, such additional amount as is necessary to ensure that the net amount actually received by IATA free and clear of all taxes equals the full amount IATA would have received had no such deduction or withholding been required.

b) Should any taxes (including but not limited to any goods and services tax or other value-added tax), levies, fees, charges or duties be imposed, levied or become payable in respect of the services, you will pay any and all such taxes, levies, fees, charges and duties, in addition to any other payments due. In the event IATA pays any such tax or assessment, you will immediately reimburse IATA upon demand.

5.5 Order Fulfillment

a) Upon completion of purchase and payment for the Product(s), IATA will fulfill your order.

5.6 Subscriptions

a) Renewal of subscriptions:

  • i. All subscriptions shall automatically renew at the end of the current subscription term or upon a new edition of a manual, standard or regulation becoming available.
  • ii. IATA shall send an automatic reminder of your subscription renewal and your option not to renew (the “Reminder”) at least 75 days before the renewal date.
  • iii. Should you wish to amend or not renew your subscription, you will be required to indicate your preference to do so on or before the cancellation/modification deadline date indicated in the Reminder (the “Deadline Date”).
  • iv. Where no indication was received by IATA by such Deadline Date of your preference not to renew, your account will automatically be charged for the next subscription term/edition at the then-prevailing price applicable to such new subscription term/edition within 10 days after the Deadline Date.

b) Cancellation of subscriptions:

  • i. Subject to section 4.2 above, you can cancel a subscription at any time by logging into your account and following the cancellation steps.
  • ii. If you cancel your subscription on or prior to the Deadline Date, your cancellation will be effective upon the expiration of the current subscription term.
  • iii. If you cancel your subscription after the Deadline Date, your cancellation will only be effective upon the expiration of the subscription term following the current subscription term.

5.7 Availability, Errors and Inaccuracies

a) We are constantly updating our Products on offer. The Products available on the IATA Store may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Products on the IATA Store and in our advertising on other websites.

b) We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.

c) We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

6. Termination

 

6.1 Termination By IATA for cause

a) IATA may immediately terminate or suspend your subscription if you breach these Conditions of Sale or in the following cases:

  • i. if the Customer makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy or petitions for reorganization or arrangement under bankruptcy laws; or
  • ii. if a petition in bankruptcy is filed against the Customer, or if a receiver or trustee is appointed for all or any part of the property and assets of the Customer; or
  • iii. the Customer suspends or ceases, or threatens to suspend or cease, or appears reasonably certain of imminently suspending or ceasing, the carrying on of all or a substantial part of its business.

b) Upon termination, your right to use the Products will cease immediately.

6.2 Termination by IATA for convenience

IATA may, upon sixty (60) days’ notice terminate your subscription for any reason whatsoever.

6.3 Consequences of Termination

a) You will no longer have access to the systems and database.

b) You will no longer be entitled to use any credentials or certifications obtained through the IATA Store.

7. Third Party Content and Links

The IATA Store 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 Third Party Links and you must exercise caution and comply with the terms of third-party sites. 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.

8. Intellectual Property Rights

You agree that the Products, including 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 IATA Store 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, you are 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.

The Products are licensed, not sold, to you as a single product pursuant to these Conditions of Sale and you do not acquire any rights to those intellectual property rights or to any intellectual property rights owned by IATA and/or our licensors, whether pre-existing or created during the subscription period.

You agree to treat the Products in the same manner as any other material protected by intellectual property laws and treaties and not to, without the prior written consent of IATA, disclose these Conditions of Sale or refer to its content in any manner whatsoever including, without limitation, in any material you send to any third party, entity or person.

9. Warranties and Disclaimers

IATA has used commercially reasonable efforts in collecting, preparing and maintaining material for inclusion in the Products.  However, IATA does not represent or warrant that the information contained in the Products is complete or free from errors, and does not assume, and expressly disclaims, any liability to any person(s) including, without limitation, Customer, for any loss or damage caused by errors or omissions in the Products, or delay in the provision of the Products, whether such errors, omissions or delays result from negligence, accident or any other cause (excluding IATA’s gross negligence or willful misconduct).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IATA DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CONDITION, PERFORMANCE AND ANY WARRANTY AGAINST INFRINGEMENT.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and accordingly some of the above exclusions and limitations may not apply to you. However, in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

10. Limitation of Liability

Notwithstanding any other provision of these Conditions of Sale, in the event of any defect, omission or error in the Products or other breach of these Conditions of Sale by IATA or other claim brought by Customer (whether in negligence or otherwise), IATA’s entire aggregate liability (for any one or all claims) shall not exceed the Fees paid by Customer for the subscription or purchase of the Products during the subscription period.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IATA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF IATA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, IATA’s liability will be limited to the greatest extent permitted by law.

11. Indemnification

You hereby agree 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, 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 Customer or its Authorized Users of the Products and/or from any breach by the Customer or its Authorized Users of any of the provisions of these Conditions of Sale, unless such damages are due to IATA’s gross negligence or willful misconduct.

12. Confidentiality

Neither IATA nor the Customer will: (a) share the other party’s Confidential Information with third parties unless these Conditions of Sale or the Customer Portal Terms of Use or the Website Terms of Use allow it to be shared; (b) protect the other party’s Confidential Information in accordance with good industry practice; (c) only use the other party’s Confidential Information for the purposes (as set out in these Conditions of Sale) for which it was disclosed; and (d) ensure that, where Confidential Information is shared, anyone that receives the information is bound by confidentiality obligations that are equivalent to those in these Conditions of Sale. Confidential Information shall mean information related to a party that is marked as confidential or would otherwise be regarded as confidential by a reasonable business person. This includes information about the party’s customers, suppliers, pricing, market opportunities, operations, products, technology, plans, know-how, designs or trade secrets.

Each party may share Confidential Information with its internal personnel or professional advisers who need to know the information to exercise that party’s rights or perform its obligations in these Conditions of Sale.

The confidentiality obligations in this section do not apply to Confidential Information that: (a) was already known to the recipient before it was disclosed by (or with the permission of) the other party; or (b) becomes available to the recipient on a non-confidential basis via another third party; or (c) comes into the public domain in a way that does not breach any confidentiality obligations.

If requested by the other party, each party must promptly return, delete or destroy any Confidential Information it holds and confirm in writing that it has done so. This includes Confidential Information held by its permitted representatives.

Each party may keep Confidential Information that is: (a) securely stored in archives or computer back-up systems; (b) required in order to comply with a legal requirement; or (c) required as part of appropriate corporate governance record-keeping. Any Confidential Information that is retained for any reason will remain subject to the confidentiality obligations in these Conditions of Sale.

These confidentiality obligations will remain in force for the term of your subscription and for 5 years following the termination or expiration of the term of your subscription.

13. User Submissions and Data Processing

To access and make purchases through the IATA Store, you will be required to provide certain details or other information. It is a condition of your use of the IATA Store that all the information you provide is correct, current, and complete. You agree that all information you provide, including, but not limited to, through the use of any interactive features on the IATA Store, is governed in accordance with IATA’s privacy policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Your use of the IATA Store is subject to IATA's privacy policy.

Both IATA and the Customer will comply with all applicable requirements of all laws and regulations relating to the processing of personal data and privacy, including the European Union’s General Data Protection Regulation, including all regulations made under them and any amendment or re-enactment of any of them, any other legislation relating to privacy (including the EU Directive on privacy and electronic communications, the European Union’s e-Privacy Regulation, and/or the processing of personal data (as amended, supplemented or superseded from time to time) (the “Data Protection Legislation”).

You acknowledge that: (i) if IATA is processing any personal data on your behalf under these Conditions of Sale, you are the controller and IATA is the processor and (ii) if you are processing any personal data on IATA’s behalf under these Conditions of Sale, IATA is the controller and you are the processor, for the purposes of the Data Protection Legislation.

The Products comprise of anonymised aggregated data for the purposes of the Data Protection Legislation. In the event that any personal data is identifiable in the Products, you will notify IATA without undue delay and in any event within 48 hours on becoming aware of the same. Notwithstanding the preceding sentence, you will at the written request of IATA carry out such steps as reasonably advised by IATA in respect of the personal data, including but not limited to restricting access to named authorised users on a strict need to know basis.

Each party shall: (a) refrain from requesting personal data beyond what is necessary to fulfil the purpose(s) for which it is requested, which purpose(s) for requesting personal data shall be specified and legitimate and in accordance with these Conditions of Sale; and (b) agree in advance as to the categories of personal data which are required to be made available pursuant to these Conditions of Sale and monitor they are complete, accurate and relevant having regard to the purpose for which they are processed.

Without prejudice to the generality of this section, each party (a Data controller) shall in relation to any personal data processed hereunder: (a) implement appropriate technological and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures; (b) process that personal data only on the documented written instructions of the party that has provided the personal data; (c) not transfer, or otherwise permit access to, any personal data outside of the jurisdiction in which the party is registered; (d) refrain from disclosing personal data to any third parties; (e) assist the Data controller, at the Data controller’s cost, and within the timescales reasonably specified by the Data controller or in line with the expectations set under the Data Protection Legislation, in responding to any request from a Data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (f) promptly return to the other or delete all personal data owned by the other party which is no longer necessary to fulfil the purpose(s) for which it was made available, unless otherwise instructed by the other party, the relevant individual or unless required by law.

14. Applicable Laws

These Conditions of Sale shall be construed in accordance with and governed by the laws of England. The courts of England shall have exclusive jurisdiction over any judicial proceedings arising directly or indirectly from, or associated with, the Products.

15. Compliance and Code of Business Conduct

In performing its obligations IATA:

14.1 confirms that it has and shall maintain in place throughout the term of your subscription the applicable IATA business policies and codes, including relating to anti-money laundering, anti-bribery, security, anti-trust, data privacy/data protection, as required to be implemented by the applicable laws (“Mandatory Policies”);

14.2 shall ensure the compliance of these Mandatory Policies with the applicable laws;

14.3 shall comply with the applicable laws, statutes, regulations, and codes relating to the Mandatory Policies;

14.4 shall not engage in any activity, practice or conduct which would constitute an offence under the provisions of the Mandatory Policies;

14.5 shall enforce the Mandatory Policies where appropriate; and

14.6 IATA shall ensure that any person associated with IATA who is performing services or providing goods in connection with the Product(s) does so only on the basis of a written contract which imposes on and secures from such person terms equivalent to those imposed by the Mandatory Policies.

16. Changes to these Conditions of Sale

We reserve the right, at our sole discretion, to modify or replace these Conditions of Sale. Please revisit this page periodically for the most current version. By continuing to access or use the IATA Store after such revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the IATA Store.

17. Contact Us

If you have any questions or complaints about the IATA Store, please contact IATA Customer Service at www.iata.org/cs.

18. Compliance with Applicable Laws

You are responsible for compliance with all local laws when using IATA’s Products.