indicates mandatory field(s)
Add Airline
eg: [001-AA-AMERICAN AIRLINES]
| Airline List | |
|---|---|
| 539 - TH - "RAYA AIRWAYS AKA TAS (TRANSMILE AI | |
| 549 - M3 - ABSA - AEROLINHAS BRASILEIRAS S.A | |
| 165 - JP - ADRIA AIRWAYS - THE AIRLINE OF SLOV | |
| 390 - A3 - AEGEAN AIRLINES S.A. | |
| 053 - EI - AER LINGUS | |
| 555 - SU - AEROFLOT "PJSC" | |
| 044 - AR - AEROLINEAS ARGENTINAS S.A. | |
| 278 - 3S - AEROLOGIC GMBH | |
| 139 - AM - AEROMEXICO | |
| 134 - AV - AEROVIAS DEL CONTINENTE AMERICANO | |
| 124 - AH - AIR ALGERIE | |
| 760 - UU - AIR AUSTRAL | |
| 657 - BT - AIR BALTIC CORPORATION AS | |
| 745 - AB - AIR BERLIN PLC & CO. LUFTVERKEHRS K | |
| 014 - AC - AIR CANADA | |
| 427 - TX - AIR CARAIBES | |
| 159 - CW - AIR CARGO GLOBAL S.R.O. | |
| 999 - CA - AIR CHINA | |
| 996 - UX - AIR EUROPA LINEAS AEREAS, S.A. | |
| 057 - AF - AIR FRANCE | |
| 631 - GL - AIR GREENLAND A/S | |
| 098 - AI - AIR INDIA | |
| 239 - MK - AIR MAURITIUS LTD | |
| 086 - NZ - AIR NEW ZEALAND | |
| 656 - PX - AIR NIUGINI PTY LIMITED | |
| 115 - JU - AIR SERBIA BELGRADE | |
| 061 - HM - AIR SEYCHELLES LTD | |
| 244 - TN - AIR TAHITI NUI | |
| 649 - TS - AIR TRANSAT | |
| 832 - GB - AIR TRANSPORT SERVICES GROUP INC. A | |
| 580 - RU - AIRBRIDGE CARGO AIRLINES LLC | |
| 413 - SZ - AIRCOMPANY SOMON AIR LLC | |
| 027 - AS - ALASKA AIRLINES | |
| 055 - AZ - ALITALIA | |
| 205 - NH - ALL NIPPON AIRWAYS | |
| 001 - AA - AMERICAN AIRLINES | |
| 810 - M6 - AMERIJET INTERNATIONAL INC. | |
| 988 - OZ - ASIANA | |
| 756 - 3V - ASL AIRLINES BELGIUM | |
| 767 - RC - ATLANTIC AIRWAYS, FAROE ISLANDS,P/F | |
| 369 - 5Y - ATLAS AIR | |
| 610 - KK - ATLASJET AIRLINES | |
| 247 - O6 - AVIANCA BRASIL | |
| 577 - AD - AZUL BRAZILIAN AIRLINES | |
| 997 - BG - BIMAN BANGLADESH AIRLINES LIMITED | |
| 125 - BA - BRITISH AIRWAYS | |
| 082 - SN - BRUSSELS AIRLINES | |
| 700 - 5C - C.A.L. CARGO AIRLINES LTD. ISRAEL | |
| 489 - W8 - CARGOJET AIRWAYS LTD. | |
| 560 - P3 - CARGOLOGICAIR LTD | |
| 172 - CV - CARGOLUX AIRLINES INTERNATIONAL S.A | |
| 106 - BW - CARIBBEAN AIRLINES LTD FORMER BWIA | |
| 160 - CX - CATHAY PACIFIC | |
| 307 - WE - CENTURION AIR CARGO, INC. | |
| 297 - CI - CHINA AIRLINES | |
| 112 - CK - CHINA CARGO AIRLINES | |
| 781 - MU - CHINA EASTERN | |
| 784 - CZ - CHINA SOUTHERN AIRLINES | |
| 230 - CM - COMPANIA PANAMENA DE AVIACION, S.A.(COPA) | |
| 881 - DE - CONDOR | |
| 923 - SS - CORSAIR INTERNATIONAL | |
| 831 - OU - CROATIA AIRLINES | |
| 064 - OK - CZECH AIRLINES | |
| 006 - DL - DELTA AIR LINES | |
| 992 - D5 - DHL AERO EXPRESO S.A. | |
| 936 - D0 - DHL AIR LTD. | |
| 155 - ES - DHL AVIATION | |
| 947 - L3 - DHL DE GUATEMALA S.A. | |
| 043 - KA - DRAGONAIR | |
| 077 - MS - EGYPTAIR | |
| 114 - LY - EL AL ISRAEL AIRLINES LTD. | |
| 176 - EK - EMIRATES | |
| 071 - ET - ETHIOPIAN AIRLINES | |
| 607 - EY - ETIHAD AIRWAYS | |
| 615 - QY - EUROPEAN AIR TRANSPORT | |
| 695 - BR - EVA AIR | |
| 023 - FX - FEDERAL EXPRESS | |
| 105 - AY - FINNAIR | |
| 266 - OJ - FLY JAMAICA AIRWAYS | |
| 141 - FZ - FLYDUBAI | |
| 126 - GA - GARUDA | |
| 579 - 4G - GAZPROMAVIA AVIATION COMPANY LTD. | |
| 895 - CN - GRAND CHINA AIR CO. , LTD. | |
| 072 - GF - GULF AIR | |
| 880 - HU - HAINAN AIRLINES | |
| 173 - HA - HAWAIIAN AIRLINES | |
| 851 - HX - HONG KONG AIRLINES | |
| 075 - IB - IBERIA | |
| 108 - FI - ICELANDAIR | |
| 096 - IR - IRAN AIR - AIRLINE OF ISLAMIC REPUB | |
| 131 - JL - JAPAN AIR LINES COMPANY LTD. | |
| 589 - 9W - JET AIRWAYS (INDIA) PRIVATE LIMITED | |
| 018 - HO - JUNEYAO AIRLINES | |
| 272 - K4 - KALITTA AIR, LLC | |
| 706 - KQ - KENYA AIRWAYS | |
| 074 - KL - KLM | |
| 643 - KM - KM MALTA AIRLINES | |
| 180 - KE - KOREAN AIR | |
| 229 - KU - KUWAIT AIRWAYS | |
| 133 - LR - LACSA | |
| 145 - UC - LAN CARGO | |
| 045 - LA - LATAM AIRLINES | |
| 985 - L7 - LINEA AEREA CARGUERA DE COLOMBIA | |
| 080 - LO - LOT POLISH AIRLINES | |
| 020 - LH - LUFTHANSA CARGO | |
| 537 - W5 - MAHAN AIRLINES | |
| 232 - MH - MALAYSIA AIRLINES | |
| 129 - MP - MARTINAIR CARGO | |
| 865 - M7 - MAS AIR | |
| 076 - ME - MIDDLE EAST AIRLINES AIR LIBAN SAL | |
| 716 - MB - MNG AIRLINES CARGO | |
| 703 - NO - NEOS S.P.A. | |
| 933 - KZ - NIPPON CARGO AIRLINES (NCA) | |
| 328 - DY - NORWEGIAN AIR SHUTTLE AS | |
| 762 - DI - NORWEGIAN AIR UK LTD | |
| 050 - OA - OLYMPIC AIR | |
| 910 - WY - OMAN AIR | |
| 868 - V8 - OOO ATRAN | |
| 079 - PR - PAL | |
| 624 - PC - PEGASUS AIRLINES | |
| 214 - PK - PIA | |
| 403 - PO - POLAR AIR CARGO WORLDWIDE, INC. | |
| 081 - QF - QANTAS | |
| 157 - QR - QATAR AIRWAYS | |
| 147 - AT - ROYAL AIR MAROC | |
| 672 - BI - ROYAL BRUNEI AIRLINES SDN. BHD. | |
| 512 - RJ - ROYAL JORDANIAN | |
| 421 - S7 - S7 AIRLINES (SIBERIA AIRLINES PJSC) | |
| 083 - SA - SAA | |
| 645 - K3 - SAC (K) LIMITED | |
| 925 - ZF - SAFARI EXPRESS CARGO LIMITED | |
| 117 - SK - SAS | |
| 331 - S4 - SATA INTERNACIONAL | |
| 065 - SV - SAUDI ARABIAN AIRLINES | |
| 921 - O3 - SF AIRLINES COMPANY LIMITED | |
| 774 - FM - SHANGHAI AIRLINES | |
| 618 - SQ - SIA | |
| 876 - 3U - SICHUAN AIRLINES CO. LTD. | |
| 463 - ZP - SILK WAY AIRLINES | |
| 501 - 7L - SILK WAY WEST AIRLINES | |
| 728 - U3 - SKY GATES AIRLINES | |
| 817 - S6 - SOUTH AMERICAN AIRWAYS | |
| 526 - WN - SOUTHWEST AIRLINES CO. | |
| 487 - NK - SPIRIT AIRLINES | |
| 603 - UL - SRILANKAN | |
| 242 - 4E - STABO AIR LIMITED | |
| 189 - JX - STARLUX AIRLINES | |
| 361 - YH - SUNSPLASH AVIATION LLC | |
| 724 - LX - SWISS | |
| 259 - YD - SYNERGY AVIATION LTD | |
| 070 - RB - SYRIAN ARAB AIRLINES | |
| 118 - DT - TAAG - LINHAS AEREAS DE ANGOLA (ANG | |
| 202 - TA - TACA INTERNATIONAL AIRLINES, S.A. | |
| 957 - JJ - TAM LINHAS AÉREAS | |
| 729 - QT - TAMPA CARGO S.A.S | |
| 047 - TP - TAP PORTUGAL | |
| 281 - RO - TAROM | |
| 217 - TG - THAI AIRWAYS INTERNATIONAL | |
| 235 - TK - THY - TURKISH AIRLINES | |
| 388 - TR - TIGER AIRWAYS | |
| 673 - N2 - TMA - TRANS-MEDITERRANEAN AIRWAYS | |
| 530 - T0 - TRANS AMERICAN AIRLINES, S.A TACA PERU | |
| 566 - PS - UKRAINE INTL AIRL. | |
| 016 - UA - UNITED AIRLINES | |
| 406 - 5X - UNITED PARCEL SERVICE | |
| 699 - UW - UNI-TOP AIRLINES CO.,LTD | |
| 250 - HY - UZBEKISTAN AIRWAYS | |
| 738 - VN - VIETNAM AIRLINES | |
| 932 - VS - VIRGIN ATLANTIC | |
| 460 - EB - WAMOS AIR | |
| 904 - KD - WESTERN GLOBAL AIRLINES LLC | |
| 377 - WW - WOW AIR EHF | |
| 731 - MF - XIAMEN AIRLINES | |
| 871 - Y8 - YANGTZE RIVER EXPRESS AIRLINES CO. |
;
Terms & Conditions
- THE PORTAL WILL ENABLE CUSTOMER TO SEND AND RECEIVE ELECTRONIC COMMUNICATION FOR CARGO SHIPMENTS WITH CONNECTED CARRIER(S). CUSTOMER CAN CAPTURE AND TRANSMIT SHIPMENT DATA TO CARRIER(S) BY MEANS OF ELECTRONIC DATA INTERCHANGE (EDI) MESSAGES, AND RECEIVE SHIPMENT STATUS INFORMATION FROM CARRIER(S), WHICH WILL BE DISPLAYED IN THE PORTAL.
- MPHASIS’S ROLE UNDER THESE TERMS OF SERVICE IS LIMITED TO PROVIDING ACCESS AND FACILITATING COMMUNICATION BETWEEN CUSTOMER AND PARTICIPAING CARRIER(S) VIA THE PORTAL, AND ALL INFORMATION EXCHANGED WILL BE MADE ON AN “AS IS” BASIS BETWEEN CUSTOMER AND THE CARRIER(S).
- MPHASIS SHALL NOT BE RESPONSBILE IF DUE TO ANY REASON THE EDI MESSAGE SENT FROM THE PORTAL IS NOT PROPERLY RECEIVED BY CARRIER(S). SUCH SITUATIONS WILL BE MANAGED IN ACCORDANCE WITH EXCEPTION MANAGEMENT PROCEDURES PREVIOUSLY COMMUNICATED TO CUSTOMER BY CARRIER(S).
- WHILST MPHASIS SHALL NOT BE RESPONSBILE FOR THE TIMELY RECEIPT OF EDI MESSAGES FROM THE CARRIER, MPHASIS SHALL RECEIVE AND DISPLAY SUCH INFORMATION IN THE PORTAL, AS RECEIVED FROM THE CARRIER(S).
- MPHASIS SHALL MAKE EVERY REASONABLE EFFORT TO HAVE THE PORTAL AVAILABLE AT ALL TIMES, HOWEVER IF THE PORTAL IS NOT ACCESSIBLE DUE TO TECHNICAL OR ANY OTHER REASON, CUSTOMER SHOULD CONTACT THE CARRIER TO AGREE ON FALL-BACK PROCEDURES (FOR EXAMPLE, USING PAPER AIR WAYBILL), UNTIL SUCH TIME THAT THE PORTAL IS AVAILABLE AGAIN.
- MPHASIS DOES NOT WARRANT THAT THE OPERATION OF THE PORTAL WILL BE UNINTERRUPTED, AND/OR ERROR-FREE, AS IT MAY, AT ANY TIME, BE TERMINATED. NONETHELESS, MPHASIS WILL USE REASONABLE EFFORTS TO SWIFTLY RESOLVE ANY ERROR OR INTERRUPTION IN THE PORTAL SERVICE.
- MPHASIS DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PORTAL, AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE INFORMATION CONTAINED OR THE COMMUNICATIONS EXCHANGED THROUGH THE PORTAL, ITS USE OR RELIANCE. THIS INCLUDES ANY DAMAGES RESULTING FROM A CARGO SHIPMENT WHICH, DUE TO DELAY OR ANY OTHER INCIDENT DURING SHIPMENT, IS NO LONGER FIT FOR ITS ORIGINAL USE. ADDITIONALLY, THERE ARE NO EXPRESS WARRANTIES AND THERE ARE NO IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- MPHASIS’S LIABILITY TO CUSTOMER UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT PAYABLE BY CUSTOMER TO MPHASIS FOR USE OF THE PORTAL FOR THE SIX (6) MONTHS PERIOD IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE CLAIM. SUBJECT TO THE INDEMNIFICATION SECTION, MPHASIS WILL NOT BE LIABLE FOR LOST REVENUES OR PROFITS, DOWNTIME COSTS, OR INDIRECT, SPECIAL OR CONSEQUENTIAL COSTS OR DAMAGES. THIS PROVISION DOES NOT LIMIT MPHASIS’S LIABILITY FOR: UNAUTHORIZED USE OF INTELLECTUAL PROPERTY, DEATH OR BODILY INJURY CAUSED BY THEIR NEGLIGENCE; ACTS OF FRAUD; WILLFUL MISCONDUCT; NOR ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. MPHASIS WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NON-PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.
- CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS MPHASIS 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 WHICH MAY RESULT DIRECTLY FROM THE PORTAL, OUT OF MPHASIS’S FAULT OR PORTAL MALFUNCTION, UNLESS SUCH DAMAGES ARISE OUT OF MPHASIS’S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
- CUSTOMER AGREES THAT THE USE OF THE PORTAL TO INTIAITE AND EXECUTE CARGO CONTRACTS (E-AIR WAYBILLS) SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE MULTILATERAL E-AIR WAYBILL AGREEMENT.
- CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT IT IS RESPONSIBLE FOR THE CORRECTNESS AND COMPLETENESS OF THE PARTICULARS AND STATEMENTS RELATING TO CARGO SHIPMENTS WHICH CUSTOMER ENTERS IN THE PORTAL FOR TRANMISSION TO CARRIER(S). CUSTOMER INDEMNIFIES MPHASIS AGAINST ALL DAMAGE SUFFERED BY IT, OR BY ANY OTHER PERSON TO WHOM MPHASIS IS LIABLE, BY REASON OF ANY IRREGULARITY, INCORRECTNESS OR INCOMPLETENESS OF THE PARTICULARS AND STATEMENTS SET FORTH IN THE ELECTRONIC COMMUNICATION SUBMITTED BY CUSTOMER ON ITS OWN BEHALF OR ON A THIRD PARTY’S BEHALF.
- FOR ANY ISSUE, QUESTION, OR CLAIM ARISING FROM A CARGO SHIPMENT PROCESSED USING THE PORTAL, CUSTOMER SHALL CONTACT AND SEEK RECOURSE DIRECTLY FROM THE APPLICABLE CARRIER.
- THIS AGREEMENT SHALL START ON THE EFFECTIVE DATE HEREIN AND REMAIN IN FORCE UNTIL THE END OF SUBSCRIPTION PERIOD, OR UPON TERMINATION PURSUANT TO SECTION 17 OF THIS AGREEMENT. THE DATE OF COMMENCEMENT OF SERVICE SHALL BE WHEN CUSTOMER IS PROVIDED ACCESS TO THE PORTAL BY MPHASIS, UPON COMPLETION OF PAYMENT BY CUSTOMER, AS APPLICABLE, AND FULFILLMENT OF ANY OTHER APPLICABLE REQUIREMENTS.
- SUBSCRIPTION OPTIONS FOR THE USE OF THE PORTAL WILL BE AS SET FORTH IN ATTACHMENT ‘A’ HEREIN. ALL PRICES ARE EXCLUSIVE OF TAXES, DUTIES, AND FEES UNLESS OTHERWISE QUOTED. PRICING MAY BE MODIFIED FROM TIME TO TIME, UPON NOTICE TO CUSTOMER, AND CUSTOMER MAY CHOOSE TO TERMINATE THIS AGREEMENT UPON SUCH NOTICE IN ACCORDANCE WITH SECTION 17 OF THIS AGREEMENT.
- WHEREVER APPLICABLE, CUSTOMER WILL BE BILLED BASED ON MONTHLY USAGE, IN ACCORDANCE WITH PRICING SET FORTH IN ATTACHMENT ‘A’ HEREIN. USAGE IS DEFINED AS THE TOTAL NUMBER OF UNIQUE RECORDS (INCLUDING AIR WAYBILLS, MASTER AIR WAYBILLS, AND HOUSE WAYBILLS) SUBMITTED BY CUSTOMER IN A CALENDAR MONTH. IN CASE OF NO USAGE DURING A CALENDAR MONTH, THE MINIMUM PRICING (FOR 250 RECORDS) WILL APPLY.
- WHEREVER APPLICABLE, CUSTOMER AGREES TO PAY ALL INVOICED AMOUNTS WITHIN THIRTY (30) DAYS OF MPHASIS’S INVOICE DATE. CUSTOMER CAN MAKE PAYMENT BY USING CREDIT CARD, BANK TRANSFER, OR OTHER MEANS OF PAYMENT AS NOTIFIED BY MPHASIS. MPHASIS MAY SUSPEND OR CANCEL ACCESS TO THE PORTAL IF CUSTOMER FAILS TO MAKE PAYMENTS WHEN DUE.
- CUSTOMER MAY TERMINATE THIS AGREEMENT FOR CONVENIENCE BY GIVING THIRTY (30) DAYS NOTICE. MPHASIS MAY TERMINATE THIS AGREEMENT FOR CONVENIENCE UPON NOTICE TO CUSTOMER. UPON SUCH TERMINATION, EXCEPT AS OTHERWISE PROVIDED, MPHASIS MAY DISABLE ALL CUSTOMER ACCESS TO THE PORTAL.
- UPON TERMINATION OF THIS AGREEMENT, PAYMENT OBLIGATIONS REMAIN NON-CANCELABLE. IN ALL CASES, THE ANNUAL SUBSCRIBTION FEE IS NON-REFUNDABLE.
- UPGRADES AND FEATURE ENHANCEMENTS MAY BE MADE AVAILABLE TO CUSTOMER IN THE FUTURE. CUSTOMER MAY OPT FOR SERVICES OF SUCH ENHANCED FEATURES. THE SERVICES FOR SUCH ENHANCED FEATURES WILL ATTRACT A DIFFERENTIAL FEE STRUCTURE, WHICH WILL BE COMMUNICATED AT THE TIME OF THE RELEASE OF THE UPGRADES AND ENHANCED FEATURES.
- DURING THE TERM OF THIS AGREEMENT, MPHASIS WILL PROVIDE CUSTOMER WITH A NON-TRANSFERABLE ACCESS AND THE RIGHT TO USE THE PORTAL IN ACCORDANCE WITH THIS AGREEMENT. CUSTOMER WILL BE PROVIDED UP TO THREE (3) USER IDS, WHICH INCLUDES AN ADMIN USER, TO OPERATE.
- AS PART OF REGISTRATION TO THE PORTAL, CUSTOMER WILL BE ASKED TO PROVIDE PERSONAL CREDENTIALS AND TO CREATE A PASSWORD. WHILE APPOPRIATE SECURITY MEASURES ARE IN PLACE TO PREVENT BREACHES OF SECURITY, IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT NO UNAUTHORIZED ACCESS TO THE PORTAL IS MADE ON CUSTOMER’S BEHALF. CUSTOMER SHALL BE RESPONSIBLE FOR MAINTAINING THE SECURITY OF CUSTOMER’S ACCOUNT, PASSWORDS, AND FILES, AND FOR ALL USES OF CUSTOMER'S ACCOUNT AND OF THE SERVICES IN CUSTOMER'S NAME.
- CUSTOMER GRANTS MPHASIS A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE RIGHT AND LICENSE TO ANY INTELLECTUAL PROPERTY, INCLUDING CUSTOMER-PROVIDED DATA, THAT IS NECESSARY FOR MPHASIS AND ITS DESIGNEES TO PERFORM SERVICES UNDER THIS AGREEMENT AND FOR ITS OWN INTERNAL USE, ON AN AGGREGATED AND DE-IDENTIFIED BASIS FOR THE BENEFIT OF THE AIR CARGO INDUSTRY INCLUDING, BUT NOT LIMITED TO, INDUSTRY PERFORMANCE REPORTING, OPERATIONAL EFFICIENCY, TRAINING, AND BENCHMARKING.
- CUSTOMER WILL NOT: (I) EXCEED ANY DEFINED USAGE LIMITATIONS (II) SELL, RESELL, LICENSE, SUBLICENSE, LEASE, RENT OR DISTRIBUTE ACCESS TO THE PORTAL OR INCLUDE THE PORTAL AS A SERVICE BUREAU OR OUTSOURCING OFFERING, OR MAKE ANY PORTION OF THE PORTAL AVAILABLE FOR THE BENEFIT OF ANY THIRD PARTY; (III) COPY OR REPRODUCE ANY PORTION, FEATURE, FUNCTION, OR USER INTERFACE OF THE PORTAL; (IV) INTERFERE WITH OR DISRUPT THE INTEGRITY OR PERFORMANCE OF THE PORTAL; (V) USE THE PORTAL TO SUBMIT, SEND OR STORE DATA THAT IS INFRINGING, OBSCENE, THREATENING, LIBELLOUS OR OTHERWISE UNLAWFUL OR TORTUOUS MATERIAL OR MATERIAL IN VIOLATION OF ANY THIRD PARTY’S PRIVACY RIGHTS; (VI) ACCESS THE PORTAL TO BUILD A COMPETITIVE PRODUCT OR SERVICE, OR (VII) REVERSE ENGINEER THE PORTAL. CUSTOMER IS RESPONSIBLE FOR COMPLYING WITH ALL TERMS OF USE FOR ANY SOFTWARE, CONTENT, SERVICE OR WEBSITE IT LOADS, CREATES OR ACCESSES WHEN USING THE PORTAL.
- THIS AGREEMENT REPRESENTS THE ENTIRE UNDERSTANDING WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES ANY PREVIOUS COMMUNICATION OR AGREEMENTS THAT MAY EXIST.
- THE AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF QUEBEC, CANADA AND THE COURTS OF QUEBEC, CANADA WILL HAVE EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING BETWEEN THE PARTIES; HOWEVER, MPHASIS MAY BRING SUIT FOR PAYMENT IN THE COUNTRY WHERE THE CUSTOMER IS LOCATED.
- THE LIST OF CARRIERS WITH WHOM CUSTOMER CAN EXCHANGE ELECTRONIC COMMUNICATION BY USING THE PORTAL IS SET FORTH IN ATTACHMENT ‘B’ HEREIN AS AMENDED FROM TIME TO TIME. FOR SOME CARRIERS WHICH ARE NOT DIRECTLY CONNECTED TO THE PORTAL, THERE MAY BE A SURCHARGE PER ELECTRONIC MESSAGE EXCHANGED CHARGED TO CUSTOMER, IF CUSTOMER CHOOSES TO EXCHANGE ELECTRONIC COMMUNICATION WITH SUCH CARRIERS. INFORMATION ABOUT SUCH CARRIERS AND THEIR APPLICABLE CHARGES WILL BE INDICATED IN THE LIST OF CONNECTED CARRIERS. IT IS CUSTOMER'S RESPONSIBILITY TO ENSURE LISTED CARRIER IS WILLING TO CONDUCT BUSINESS WITH THEM ELECTRONICALLY, INCLUDING REGISTRATION OF CUSTOMER IN CARRIER SYSTEM.
- CUSTOMER PERSONAL DATA WILL BE TREATED AS CONFIDENTIAL IF IDENTIFIED AS SUCH AT DISCLOSURE OR IF THE CIRCUMSTANCES OF DISCLOSURE WOULD REASONABLY INDICATE SUCH TREATMENT (“CONFIDENTIAL INFORMATION”). CONFIDENTIAL INFORMATION MAY ONLY BE USED FOR THE PURPOSE OF FULFILLING OBLIGATIONS OR EXERCISING RIGHTS UNDER THIS AGREEMENT, AND SHARED WITH EMPLOYEES, AGENTS OR CONTRACTORS WITH A NEED TO KNOW SUCH INFORMATION TO SUPPORT THAT PURPOSE. CONFIDENTIAL INFORMATION WILL BE PROTECTED USING A REASONABLE DEGREE OF CARE TO PREVENT UNAUTHORIZED USE OR DISCLOSURE FOR SUCH PERIOD AS THE INFORMATION REMAINS CONFIDENTIAL. THESE OBLIGATIONS DO NOT COVER INFORMATION THAT: I) WAS KNOWN OR BECOMES KNOWN TO THE RECEIVING PARTY WITHOUT OBLIGATION OF CONFIDENTIALITY; II) IS INDEPENDENTLY DEVELOPED BY THE RECEIVING PARTY; OR III) WHERE DISCLOSURE IS REQUIRED BY LAW OR A GOVERNMENTAL AGENCY.
- DEFINITIONS: “PORTAL” SHALL MEAN THE E-AWB PORTAL, PROVIDED BY MPHASIS, ENABLING CUSTOMER TO EXCHANGE ELECTRONIC COMMUNICATION WITH THE CARRIERS REGARDING THE TRANSPORTATION OF CARGO SHIPMENTS. “CARGO CONTRACT” SHALL MEAN A CONTRACT BETWEEN CUSTOMER AND A CARRIER INITIATED BY ELECTRONIC COMMUNICATION FOR THE CARRIAGE OF, AND SETTLEMENT WITH RESPECT TO A SPECIFIC CARGO SHIPMENT. THE CARGO CONTRACT REMAINS AN INDEPENDENT CONTRACT FROM THIS AGREEMENT, INCLUDING AS TO ITS CONTENT, INTERPRETATION AND GOVERNING LAW. “EDI” OR “ELECTRONIC DATA INTERCHANGE” SHALL MEAN THE ELECTRONIC TRANSFER, FROM COMPUTER TO COMPUTER, OF COMMERCIAL, ADMINISTRATIVE AND TRANSPORT DATA USING AN AGREED STANDARD TO STRUCTURE AN EDI MESSAGE, AS SET OUT IN THE MPHASIS RESOLUTION 670. “EDI MESSAGE” SHALL MEAN A MESSAGE CONSISTING OF A SET OF SEGMENTS, STRUCTURED USING AN AGREED STANDARD, PREPARED IN A COMPUTER READABLE FORMAT, TRANSMITTED VIA EDI, AND CAPABLE OF BEING AUTOMATICALLY AND UNAMBIGUOUSLY PROCESSED. “ELECTRONIC COMMUNICATION” SHALL MEAN THE USE OF EDI MESSAGES TO ESTABLISH A SHIPMENT RECORD. “IATA MESSAGE STANDARD” SHALL MEAN THE MESSAGE STANDARD SPECIFIED, PUBLISHED AND UPDATED BY IATA FROM TIME TO TIME. “MULTILATERAL E-AIR WAYBILL AGREEMENT” SHALL MEAN THE IATA MULTILATERAL AGREEMENT (IATA RESOLUTION 672, ATTACHMENT A), WHICH WAS SIGNED BY CUSTOMER. “SHIPMENT RECORD” SHALL MEAN ANY RECORD OF THE CARGO CONTRACT PRESERVED BY THE CARRIER, EVIDENCED BY ELECTRONIC MEANS. IN THE EVENT THAT THE IATA MESSAGE STANDARD IS USED, THE TECHNICAL ASPECTS OF THE SHIPMENT RECORD SHALL BE AS SPECIFIED IN IATA RESOLUTION 600F.