Terms and Conditions for Accessing Billing Data Online

Your local Travelport entity with whom you have entered into a Subscriber Agreement for the provision of GDS access (“Travelport”), provides online billing data relating to the provision of GDS services to you (“Service”) subject to the following terms of use (these "Terms"). These Terms explain the contractual agreement between you ("user," "you," "your"), and your Local Travelport Entity ("we," "us," "our", "Travelport") regarding your use of the Service and the website http://www.netsend.com/ which will be used to access the Service (“Website”). You should print a copy of these Terms for your records. Please note, however, that we may update and amend these Terms from time to time.

Your access to and use of the Service and the Website signifies your agreement with these Terms. DO NOT USE THE WEBSITE OR THE SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time.

Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if you access or use the Website after we have posted notice of such modifications, alterations or updates.

The Website is owned and managed on behalf of Travelport by the Travelport service-provider Newsnet Corporation Ltd (trading as Netsend), a company incorporated and registered in England and Wales with company number 03814021 whose registered office is at 28 Walpole Street London SW3 4QS (“Netsend”).

1.3 Upon receipt of a correctly completed Registration Form we will take steps to verify your details and subject to acceptance by us we shall send you a log in and password for the Website. Registration is offered at our discretion and we may refuse registration to any User. In particular but without limitation we reserve the right not to register individuals with travel agency mailing addresses in certain countries and/or regions. Such countries and/or regions are subject to change. In any event reasonable advance notice will be given in circumstances where removal of a country and/or region will affect the membership of existing Users.

1.4 Multiple user accounts are not permitted and each User must maintain only one account. In the event of duplication of user accounts, all User accounts other than the first User account approved by us will be cancelled.

1.5 It is important that Users provide an accurate and valid email address and inform us of any changes to any such information. Correspondence will be sent to the Users email address and/or mailing address as provided on the Registration Form.

1.6 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 the Website.

2. USE AND ACCESS

2.1 Travelport and Netsend will endeavour to allow uninterrupted access to the Service and the Website, but access to the Service and the Website may be suspended, restricted or terminated at any time without liability. We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time. We assume no responsibility for the contents of any other websites to which the Website has links.

2.2 The User acknowledges and agrees that we may in our sole discretion deny access to the Website or to any services provided through it for any reason at any time and we shall have no responsibility to notify any third-party providers of any matter nor shall it have any responsibility for any consequences which may result from such lack of notification.

2.3 We do not guarantee or warrant that the Website will be operable at all times or during any down time caused by:

2.3.1 outages to any public Internet backbones, networks or servers;

2.3.2 any failures of the Users equipment, systems or local access services;

2.3.3 previously scheduled maintenance; or

2.3.4 relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in internet services to an area where Netsend, Travelport or the User servers are located or co-located.

2.4 In accessing the Website Users are responsible for compliance with all applicable local laws. 

2.5 In accessing and using the Website and the Service, Users agree and acknowledge that they are not permitted to, and shall not:

2.5.1 allow any other person access to any password, User ID or account given to the User by us;

2.5.2 affect, restrict, limit, inhibit any other person from using the Website;

2.5.3 copy, modify, licence, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any way exploit:

(i) any information, software or other material obtained through the Website or from the Website for commercial purposes (other than accessing and taking reasonable copies of its invoices and other documents available through the Service for its own record keeping and accounting purposes);

(ii) any information, software or other material obtained through the Website which is protected by copyright or any intellectual property right or other rights anywhere in the world, or any derivative works with respect to such works in each case except if expressly permitted by these Terms or the copyright owner or rights holder; or

(iii) any component of the Website itself or derivative works with respect thereto.

2.6 Travelport makes no representation that use of the Service or the invoice information acquired from using the Service is or will be appropriate, available or lawful in all countries. If you choose to access the Service you should ensure that such use complies with all local laws and regulations.

3. INTELLECTUAL PROPERTY

The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilation, underlying source code and software (including applets) belongs to Travelport, its affiliates, or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without Travelport’s written permission. A User may, however, download or print reasonable copies of invoices and other documents available through the Service for off-line viewing for its own record keeping and accounting purposes.

4. PRIVACY / CONFIDENTIALITY

Our collection and use of information about the Users and visitors to the Website is subject to our Privacy Policy. For more information, please review our Privacy Policy at http://www.travelport.com/Privacy-Policy/Travelport-Websites.

By using the Website Users acknowledge and consent to Netsend viewing their data if necessary for the purposes of maintaining the Website.

The use of the Services is provided on a confidential basis and any invoices or billing information produced are for your internal use only and you may not use any part of the Service for any other purpose except as permitted under these Terms.

5. USER'S RESPONSIBILITIES

5.1 In using the Website you warrant and represent to us that you will not use the Website or the Service for any purpose that is unlawful or prohibited by these Terms.

5.2 If you violate any of these Terms, your permission to use the Website immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any reason, including for violation of these Terms.

5.3 In order to access the Service you are provided with a User identification or log in (collectively, "ID's") and a password in the use of the Website, you shall maintain such User ID's and password in confidence and 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 ID's or passwords. It is also your responsibility to immediately request discontinuation of an ID or password upon your knowledge or belief that such ID and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate your service or access to the Website if we believe a breach of these Terms has occurred.

6. LIMITATION OF LIABILITY

6.1 The Website is provided on a "as is" and "as available" basis without any warranty, condition or commitment of any kind, whether express or implied.

6.2 The content presented at this Website may vary depending upon Users browser functionality and limitations. Travelport accepts no liability if Users cannot view any part or component of the Website or cannot access or receive the full functionality of the Website.

6.3 The invoicing Service included in or available through the Website is based partly upon data and information provided by you and may include inaccuracies or typographical errors. Travelport or Netsend may make improvements and/or changes in the Service at any time, with or without notice. Travelport does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components. Travelport does not warrant or represent that the use of the Service or the invoices or billing information will be correct, accurate, timely or otherwise reliable. You specifically agree that Travelport shall not be responsible for unauthorized access to or alteration of the invoice data or information provided by you.

6.4 We shall use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and does not accept liability for errors or omissions. Any liability that we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.

6.5 To the maximum extent permitted by applicable law we disclaim and exclude all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising from any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record. Under no circumstances shall we be liable to Users for any loss or damage suffered (both direct and indirect losses) arising from Users access to and use of the Website.

6.6 We shall not be liable to a User or be in breach of these Terms and Conditions for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control. In no event shall we be liable for any indirect loss, consequential loss, and/or loss of profit, data, revenue, business opportunity, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these Terms or use of the Website save where such liability cannot be excluded by law.

6.7 For the avoidance of doubt, we have no liability whatsoever for the acts or omissions if the suppliers of electricity or telecommunications services or of any third party whose computer system, database or products may be accessible to the User, not for any type of loss associated with any fault in or failure of any apparatus or any service of such persons.

6.8 Users agree to defend, indemnify and hold Travelport and its affiliates harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from Users access to the Website and/or in connection with all details, information and data that Users upload onto the Website or the placement or transmission of any message, information, software or other materials through the Website Users, or any violation of these Terms by Users. These Terms may be enforced by any company in the Travelport group.

6.9 Nothing in these Terms and Conditions shall exclude or limit the liability of Travelport for fraud, death or personal injury arising out of our negligence or any warranty as to title or quiet possession implied by statute. 

7. OPERATION OF THESE TERMS

If we fail to enforce a right under these Terms, that failure will not prevent us from enforcing other rights or the same type of right on a later occasion. If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

8. COMPLAINTS

Any User with concerns or complaints should contact Travelport by sending an email to the following email address netsend@travelport.com.

9. GOVERNING LAW

These Terms shall be governed by and construed in accordance with local law.