Application of these terms & conditions
These terms and conditions apply to the use of any Corporate Traveller technology product or service made available to you for the purposes of managing your corporate travel program, including SEEQA and the Concur online booking tools (“OBTs”) and all other products and services provided through the YOUR.CT website and the YOUR.CT mobile application (“Service Systems”). These terms and conditions supplement, and form part of, the Agreement for Travel Management Services, available at: corptraveller.co.uk/general-agreement.
Licence to use the Service Systems
Corporate Traveller grants the right to you to access and use selected Service Systems for your internal purposes. Such rights are limited in scope and enable you to access and use the Service Systems as contemplated under these terms and conditions and the General Agreement for Travel Management Services, namely that such rights (i) are non-exclusive, non-transferable, revocable and non-sub-licensable; and are (ii) at all times (a) limited to the right to access the Service Systems for the sole purpose of enabling authorised users to make travel reservations and related activities, and (b) subject to the prohibited uses referenced herein.
You shall not use the Service Systems to: (i) transmit any files, data or other material that actually or potentially infringes the intellectual property rights of Corporate Traveller or any third party; (ii) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (iii) interfere, disrupt or attempt to use the Service Systems to gain unauthorised access to any computer system, server, network or account for which you do not have authorisation to access or at a level exceeding your authorisation; or (iv) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program (v) access, use, sell, distribute, sublicense, broadcast, or commercially exploit any Service System, including without limitation any access or use of any Service System on a service bureau basis or for any processing services beyond the scope specified in these terms and conditions; (vi) knowingly introduce any infringing, obscene, libelous, or otherwise unlawful data or material into the Service Systems; (vii) copy, modify, or prepare derivative works based on the Service Systems; (viii) reverse engineer, decompile, disassemble, or attempt to derive source code from any Service System; or (ix) remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of any Service System.
If any prohibited use by you continues after Corporate Traveller has provided you with a thirty (30) day notice of prohibited use, we may suspend all your access rights, or, in the event such suspension does not prevent a prohibited use, terminate the licence granted herein. In the event any prohibited use causes immediate material harm or significant risks, as determined by us, to networks or to the Service Systems, we may immediately suspend all your access rights.
By using one or more Service Systems, you acknowledges and agree that the Service Systems, the software used therein, the specific design and structure of the Service Systems, as well as other design rights and know-how related to the Service Systems (including any modifications or enhancements) are and shall remain the sole exclusive property of Corporate Traveller or its licensors, as applicable. You shall not sell, use, reveal, disclose or otherwise communicate, directly or indirectly, any part of the Service Systems to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of the intellectual property rights in or to the Service Systems, or any part thereof, or any aspect related to or trade secret involved with the Service Systems is transferred to you. You shall not adapt the Service Systems in any way or use any part thereof to create a derivative work. You acknowledges that we reserve the right to change, modify or discontinue any element of the Service Systems.
To protect your employees’ personal data we maintain appropriate technical and organisational measures as set out in the Flight Centre Travel Group (“FCTG”) Data Processing Addendum, available at corptraveller.co.uk/trust-and-compliance. The FCTG Data Processing Addendum is incorporated by reference into these terms and conditions. Use of the Service Systems by you shall be considered an instruction to process personal data.
You shall maintain the security of passwords and take necessary measures to limit access and use of Service Systems exclusively to your authorised users. You acknowledges and agree that the environment in which the Service Systems are used must be secure. Accordingly, you shall (and will ensure that any subcontractor or other third party providing information technology services on your behalf shall): (i) implement and maintain active firewalls to limit and control incoming and outgoing traffic on your computer systems used to access the Service Systems; (ii) implement and maintain active and regularly updated anti-virus and anti-malware tools on all computers used to access the Service Systems; (iii) only use still supported, up-to-date and patched versions of application software, operating systems and infrastructure components, with all security updates applied as soon as possible; (iv) use strong passwords, with no sharing of credentials between several individuals; and (v) conduct awareness sessions for all employees and users of the Service Systems on how to recognise and prevent phishing attempts.
Warranties and liability
Corporate Traveller represents and warrants that the Service Systems do not infringe valid patents, copyrights or other intellectual property rights of third parties. The sole and exclusive remedy for a material breach of the warranty contained herein is that we will defend you against any claim alleging that the Service Systems infringe a valid patent or copyright or other intellectual property right. We will pay all direct damages finally awarded by a competent court, plus all reasonable solicitors’ fees and related legal costs, provided always that you give us prompt written notice of such claim, reasonable information and assistance, and sole authority to defend or settle the claim. In defence or settlement, we may at our sole discretion obtain for you the right to continue using the Service Systems, or we may replace or modify them so that they become non-infringing. If we determine that such remedies are not reasonably available, we may cancel the Service Systems and give you a refund of any prepaid licence fee.
The express warranties set forth in these terms and conditions are the sole warranties provided by Corporate Traveller hereunder. Corporate Traveller specifically disclaims all other representations, warranties, conditions, and guarantees of any kind, either express or implied, oral or written, with respect to the Service Systems or any other items or services covered by or furnished under these terms and conditions, including without limitation any implied warranty (i) of merchantability, (ii) of fitness for a particular purpose, or (iii) arising from course of performance, course of dealing, or usage of trade. Corporate Traveller does not warrant that any items or services will be uninterrupted or error free. You will not hold Corporate Traveller liable for any interruption to the Service Systems.
Without limiting any other rights pursuant to these terms and conditions, you indemnify and hold harmless Corporate Traveller and its employees, agents, successors and assigns from and against any and all loss, damage, liability, and expense arising from any claim brought against any such indemnified party by any third party, including without limitation Amadeus IT Group, S.A. and its affiliated companies (“Amadeus”) and Concur Technologies Inc. (“Concur”), arising from or in connection with your breach of these provisions.
If we have agreed to provide you with traveller tracking through YOUR.CT your nominated personnel will have access to online passenger monitoring services for bookings made through Corporate Traveller.
Corporate Traveller is unable to report on: (i) non-GDS travel bookings; (ii) bookings where travellers have made changes at the airport; and (iii) bookings or changes made directly with suppliers. To the extent permitted by law, Corporate Traveller does not guarantee, and accepts no legal liability whatsoever arising from or connected to, the accuracy, reliability, currency or completeness of any material contained in any passenger report.
SEEQA through YOUR.CT
Corporate Traveller is licensed to resell SEEQA through a separate licence agreement between Corporate Traveller and Amadeus (the “Amadeus Licence”). To the extent permitted by law, you acquire no rights under the Amadeus Licence and Amadeus shall have no obligations or liability to you, including but not limited to any liability or obligation arising out of contract, warranty or otherwise, with respect to your access to and use of SEEQA. You further acknowledge and agree that, upon expiration or termination of the Amadeus Licence, your rights hereunder to access and use the services furnished thereunder shall immediately cease.
Notwithstanding anything to the contrary herein, Amadeus or Corporate Traveller may gather, compile, commingle and use aggregate, anonymous statistical or analytical data and/or performance information about its provision and the use of SEEQA. Such aggregate data may be used by Amadeus or Corporate Traveller for financial, accounting, product optimisation, customer support, and other internal business purposes and, provided such aggregated data does not contain any data that could directly or indirectly define a corporation or any personal data, may be marketed and sold by Amadeus to third parties. Amadeus or Corporate Traveller, as applicable, retains all ownership and intellectual property rights to those aggregate statistical or analytical data and that aggregate statistical or analytical performance information. Further, nothing herein shall operate to restrict Amadeus’ rights with respect to the marketing of Marketing Information Data Tapes (MIDT), a data-set containing segment level details of all added, cancelled and modified air-travel reservations performed by travel agents on all participating carriers in the Amadeus system.
Concur through YOUR.CT
Corporate Traveller is licensed to resell the Concur OBT under a separate licence agreement between Corporate Traveller and Concur (the “Concur Licence”). Under the Concur Licence, Concur has granted to Corporate Traveller a non-exclusive, non-transferable, worldwide right to do the following: (i) market and solicit sales of the Concur OBT directly to clients as a bundled offering with Corporate Traveller products or services; and (ii) grant to clients the non-exclusive, non-transferable right to have their employees and agents access and use the Concur OBT solely for their internal business use.
Should the Concur Licence terminate for any reason the Concur OBT will no longer be available to you. Corporate Traveller agrees to use reasonable endeavours to provide a replacement service of a similar standard and cost as the Concur OBT and should same not be available then you may terminate your use of the Concur OBT.
Revision ref: 16 August 2018.