Cheqqer B2B - Terms & Conditions

Last Updated: 19-12-2012

This document (the "Terms & Conditions") governs the terms under which you may access and use the Cheqqer B2B ("Cheqqer B2B") service (the "Service") and application programming interface (the "API") that is made available on this website, and the data transmitted through the API and Service (the "Content").

Cheqqer B2B is fully owned and provided by TUI Travel Group Management Services Limited ("TTGMSL").

By accessing or using the Service, API or Content, you agree to be bound by these Terms & Conditions. If you access or use the Service, API or Content on behalf of a company, principal or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms & Conditions and that it is fully binding upon them. In such case, the term "you" or the "user" will refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of these Terms & Conditions, you may not access or use the Service, API or Content.

You should read and keep a copy these Terms & Conditions for your records. In the event of a conflict between these Terms and Conditions and any other agreement these Terms and Conditions will control.

The Service and API provides Content sourced from multiple Content Providers ("Content Providers") such as TUI Companies and 3rd Parties. You have the obligation to ensure that you have the right to use any content from Content Providers. You will need to directly obtain a license from each Content Provider (a "Content Provider License"). Contact Details are available through this Service.

It is the Content Providers responsibility to maintain their own content, Cheqqer B2B makes no warrantees or representations on the content provided by Content Providers.

Sections

1 Your Obligations

Usage of the Cheqqer B2B has the following obligations:

  1. You can monetise your own pages in any way you want, we don't require any sort of revenue share or brand recognition.
  2. You can use the content in any way you want, as long as it is covered by the Terms & Conditions and the Content Providers License.
  3. You need to be owned or part owned by TTGMSL.
  4. You must not cache or otherwise store information without a License from the Content Owner.
  5. Don't violate the other restrictions described in the Content Providers License and Terms & Conditions.

We reserve the right to terminate this agreement at any time and without any notice if the terms and conditions are violated.

To the top

2 Purpose

The Cheqqer B2B is made available by TTGMSL to enable all TUI Group Companies to access content and present it to their end users in new and imaginative ways that are more complementary than competitive in nature to the Content Providers own services. With this in mind, the Content Providers and TTGMSL reserve the right to continually review and evaluate all uses of the Cheqqer B2B.

To the top

3 Changes

TTGMSL reserves the right to modify or revise the Terms & Conditions at any time. You should visit this website periodically to review the Terms & Conditions and check for updates. Your continued use of Cheqqer B2B after the effective date of any such changes will constitute your acceptance of and agreement to such changes. If you do not wish to be bound to any new terms, you must terminate the terms & conditions by ceasing the use of Cheqqer B2B within 4 weeks of the publication date of the new terms & conditions.

To the top

4 Registration

In order to access or use Cheqqer B2B, you must sign the Usage Agreement and register for and receive a valid Cheqqer Key. You are only allowed to register for and use one Cheqqer Key, unless otherwise permitted by TTGMSL in writing. All queries sent to the API requesting data must reference your valid Cheqqer Key. You agree to keep your Cheqqer Key confidential and not to share it with any internal or external third party.

To the top

5 License

Subject to the terms set forth in Your Obligations and elsewhere in these Terms & Conditions, TTGMSL grants you a non-exclusive, revocable, non-sublicensable, non-transferable license to (i) access and use the API and Service to receive the Content; (ii) display the Content on your website ("Your Site"); and (iii) browse the Content made available on the Cheqqer B2B site. You may not use the Service, API, or Content for any other purpose without TTGMSL's prior written consent. These license rights are further limited by the restrictions set forth by Content Providers and elsewhere in the Terms & Conditions, and all rights not expressly granted to you hereunder are reserved by TTGMSL. You acknowledge and agree that TTGMSL and Content Provider may monitor Your Site in order to confirm compliance with the Terms & Conditions.

To the top

6 Restrictions

You agree that you will not, and will not assist or enable others to:

  1. cache, record, pre-fetch, or otherwise store any portion of the Content outside the Feed facilities provided by the API, or attempt or provide a means to execute any "bulk download" operations;
  2. create or disclose metrics about, or perform any statistical analysis of, the API or Content without express permission of TTGMSL and Content Providers;
  3. use Cheqqer B2B on behalf of any third party, exemptions to this restriction can be given for intra group activity;
  4. copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the Service or API;
  5. use the API in a manner that impacts the stability of Cheqqer B2B servers or impacts the behaviour of other applications using the API;
  6. display the Content on any site that disparages Cheqqer B2B or its products or services, or infringes any Cheqqer B2B intellectual property or other rights;
  7. use the Service, API or Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in TTGMSL's sole discretion) to TTGMSL its Content Providers, its suppliers, end users of this website, or your end users;
  8. use the Service, API or Content in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods, unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam") multilevel marketing proposals and/or telemarketing activities; hate materials; libellous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes, weapons and/or weapons accessories;

To the top

7 Proprietary Rights

As between you and TTGMSL, the Service, API, Content and all intellectual property rights contained in the foregoing, are and will at all times remain the sole and exclusive property of TTGMSL and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the Agreement will you attempt to register any trademarks (including domain names) that are confusingly similar in any way to those of Cheqqer Brand Features or Content.

To the top

8 Termination

TTGMSL reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to you, to change, suspend or discontinue the Cheqqer B2B and/or suspend or terminate your rights under the Usage Agreement to access, use and/or display (as applicable) the Service, API, and/or any Content. Such change, suspension or termination of the API may cause your existing services using the Service or API to stop functioning properly. Upon any termination of the Usage Agreement, you will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API and Service; you will promptly certify in writing to TTGMSL that such actions have been taken.

Your rights to use Content will be continue to be based on the license provided by the Content Provider.

To the top

9 Indemnity

You agree that your use of Cheqqer B2B is at your own risk and you agree to hold harmless, defend (subject to TTGMSL's right to participate with counsel it selects) and indemnify TTGMSL and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from, or in any way related to your or your end users' use or implementation of Cheqqer B2B or any Content obtained from the API or Service. You will not agree to any settlement that imposes any obligation on TTGMSL without TTGMSL's prior consent.

To the top

10 No Warranties; No Support

Cheqqer B2B features and content are provided "as is", "with all faults" and "as available" without warranty, of any kind and at your sole risk. Except to the maximum extent required by applicable law, Cheqqer disclaims all warranties, representations, conditions, and duties, whether express, implied or statutory, regarding the API, cheqqer brand features and any content, including, without limitation, any and all implied warranties of merchantability, accuracy, results of use, reliability, fitness for a particular purpose, title, interference with quiet enjoyment and non-infringement of third-party rights. Further, Cheqqer disclaims any warranty that your use of the API will be uninterrupted, secure, timely or error free. For the avoidance of doubt, you acknowledge and agree that the agreement does not entitle you to any support for the API. No advice or information, whether oral or in writing, obtained by you from Cheqqer will create any warranty not expressly stated in the agreement.

To the top

11 Limitation of Liability

Cheqqer B2B is being provided free of charge. Accordingly, you agree that TTGMSL shall have no liability arising from or based on your use of Cheqqer B2B. Regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, and except for bodily injury and/or willfull misconduct, in no event shall TTGMSL or its subsidiaries, affiliates, officers, agents, employees and suppliers be liable to you or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use Cheqqer B2B, even if TTGMSL has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. Any claim arising out of or relating to the agreement must be brought within (1) year after the occurrence of the event giving rise to such claim. If such claim is not filed, then that claim is permanently barred. This applies to you and your successors, and to TTGMSL and its successors. Notwithstanding the foregoing, TTGMSL's maximum liability under this agreement shall not, in any event, exceed GBP 50.00.

To the top

12 Relationship

These Terms and Conditions do not alter the relationship you have with TTGMSL.

To the top

13 Miscellaneous

These Terms & Conditions encompas the entire agreement between you and TTGMSL regarding the subject matter discussed therein. These Terms & Conditions, and any disputes arising from or relating to the interpretation thereof, will be governed by UK law. Any disputes between the User and TTGMSL or any of its group companies will be submitted to the board of TTGMSL for final resolution.

If any provision in these Terms and Conditions must be considered void, invalid or otherwise not legally enforceable, such provision will be replaced by a provision which is valid. In so doing, the purpose and meaning of the original provision will be taken into account as far as possible.

These Terms & Conditions are not assignable, transferable or sub-licensable, in whole or in part, by you except with TTGMSL's prior written consent. TTGMSL may assign these Terms & Conditions, in whole or in part, at any time with or without notice to you. Any attempt to do so is void. The section titles in this Terms & Conditions are for convenience only and have no legal or contractual effect.

To the top

14 Survival

Sections 6,7,9,10,11 and 12 will survive any expiration or termination of this Terms & Conditions for any reason.

To the top

15 Contact and Violations

Please contact TTGMSL with any questions regarding these Terms & Conditions. Please report any violations of these Terms & Conditions.



To the top