Thank you for visiting www.aircanada.com/cargo (“Website”). This User Agreement ("Agreement") governs your use of the Air Canada Cargo Web Service ("Service") provided by Air Canada. You can access this Agreement at any time from the bottom of any page of the Website. This Website is offered to the registered user (including user’s employees, invitees, agents, and all other persons with access to user’s passwords) (collectively, "Users") conditioned on acceptance by the User of this Agreement without modification, limitation or qualification of the terms and conditions (“Terms”) contained herein. By accessing and using this Website, the User is deemed to have read, understood and agreed to all such Terms on behalf of himself and any other person for whom the User is legally authorized to act.
Your use of the Website as well as Air Canada’s Corporate Information is subject to the following Terms; please review them carefully before using this Website. You are voluntarily, expressly and knowingly hereby agreeing that these Terms apply to your access and use of the Services and Website, and that you are bound by them.
Air Canada reserves the right at any time to change this Agreement as well as any products or services contained on or referenced on the Website, in its sole discretion, without notice or liability.
Access to some functionalities of the Website is restricted to Users only. The product selection, booking, messaging and document management features of this Website are provided solely to permit the registered User to transact business with Air Canada and for no other purposes. User agrees that the booking functionalities on this Website shall be used only to make legitimate cargo consignment bookings for User or for another person for whom User is legally authorized to act.
Representations and Warranties
By using or accessing the Website, you represent and warrant that you:
- are at least 18 years of age, and have the legal right and ability to enter into this User Agreement and to use or access the Website in accordance with its Terms;
- by entering into this User Agreement and using and accessing the Website, including purchasing any products services contained herein, are not breaching any other agreement or obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party;
- have obtained all necessary approvals, consents and authorizations from any third party to submit information, including personal information and to delete or modify information;
- accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Website under your name or account, as well as all use of others using your name or account on the Website;
- agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access the Website under or using your name or account;
- have submitted or will submit, or others using or accessing the Website under or using your name or account have submitted or will submit, information, content or material which is true and accurate;
- agree that your account information is owned by and proprietary of Air Canada. You must access your account directly through the Website and not through a third party website, including but not limited to any tracking service; and
- agree to the payment of all amounts when due. User shall be solely responsible for all charges, fees, duties, taxes and assessments arising out of the carriage of cargo booked through this Web Site
Limitations of Use
You may not access the Website for any purpose that is unlawful or that is prohibited by these Terms. You may only use or access the Website to determine the availability of and to purchase goods and services offered. Air Canada provides this Website solely to permit you to determine the availability of flight related goods and services and to make legitimate reservations or otherwise transact business with Air Canada, and for no other purpose. Use of our Website for any other purpose, including any commercial use or purpose, is expressly prohibited.
Without limiting the generality of the foregoing, you agree that, in using or accessing the Website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement:
- directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet, including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of the Website through any manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web "bots", deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or hereinafter discovered, that performs the same or a similar function, in order to, without limitation: "data mine"; "screen scrape"; data process; access, extract, copy, distribute, aggregate or acquire information; generate impressions or clicks; input or store information; search or generate searches; or manipulate or monitor any portion or content of our Website;
- unless expressly provided for within these Terms, create derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filer or change of the order of any information, products, services, and software contained or offered on, or obtainable by, through or from our Website. Without limiting the generality of the foregoing, you shall not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else that minimizes, covers, or otherwise inhibits the full display of our Website;
- use or access our Website in such manner, or otherwise take any action, that taxes our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our Website, that otherwise interferes with the normal functioning of our Website or otherwise abuses or overuses our Website;
- circumvent, or attempt to circumvent, any measures or precautions taken by Air Canada to prevent the use or access of our Website, or any other action, in violation of this Agreement; or
- engage in any other conduct or activity that either conflicts with this Agreement or that Air Canada deems, in its sole, absolute and unfettered discretion, to be in conflict with this Agreement.
- access information about any Air Canada cargo customer protected by site log in and post it on any other web site, with or without that customer's consent.
- utilize an Air Canada customer's User ID or password during log in, unless you are:
- the User to whom that User ID or password is assigned;
- a family member of the User, acting with the User’s permission; or
- An employee of the User, acting with the User’s permission.
The Website contains copyrighted and other proprietary information. User may not in any way make unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Service, except as permitted by applicable law or with the express written permission of Air Canada
Air Canada Intellectual Property
The "Air Canada" name, logo, services, associated software, databases, transportation information, data created using Air Canada’s Services, trademarks, copyrights, service marks, patents, mask marks, moral rights and trade secrets are proprietary to and are the property (the "Protected Property") of Air Canada and its suppliers and licensors, as the case may be. Except as otherwise set forth in the Terms or as expressly permitted by Air Canada, the Protected Property may not be used (as a basis for any software development or otherwise), commercially exploited, copied, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, reverse-engineered, assembled, decompiled, disassembled, or otherwise altered, modified or enhanced, whether in whole or part. Air Canada or its suppliers and licensors reserve all rights not expressly granted herein.
Speculative Bookings and Reservations
Unless and to the extent otherwise expressly permitted in writing by Air Canada and regardless of the nature of your business or activity (e.g., shipper, jobber, freight consolidator, corporate client, private individual, consignor, consignee, etc.), you will not access or use, or permit others to access or use, Services and the Website for (1) speculative bookings of space, (2) speculative reservations of space, (3) cargo or freight processing, consulting, management, handling, tendering, shipping or transportation services, (4) conducting or participating in networking operations with third-party systems or, (5) performing bookings or reservations for others in return for compensation or any other benefit or thing of value (collectively, "Improper Conduct").
In its sole discretion and in addition to any other rights or remedies available to it, Air Canada reserves the right to determine whether the User(s) is(are) engaging in Improper Conduct, charge the User (whose facilities or access rights have been used for Improper Conduct) an Improper Conduct service fee, and a cancellation fee for any unused space, and inhibit, limit or terminate (at any time and from time to time) the User’s access (in whole or in part) to Air Canada’s Services. The User shall indemnify Air Canada against all damages, loss or expenses which Air Canada suffers or incurs as a result of such Improper Conduct.
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, MATERIAL OR OTHER CONTENT FOUND OR OFFERED ON OR PROVIDED OR ACCESSIBLE THROUGH OR OBTAINED OR OBTAINABLE FROM AIR CANADA'S WEBSITES (COLLECTIVELY, THE "AIR CANADA CONTENT") MAY CONTAIN ERRORS, MAY HAVE BECOME OUT OF DATE, AND MAY BE MODIFIED FROM TIME TO TIME BY AIR CANADA AND/OR ITS SUPPLIERS, AGENTS AND CONTRACTORS. AIR CANADA MAKES NO COMMITMENT TO UPDATE THE AIR CANADA CONTENT. AIR CANADA DOES NOT WARRANT THAT THE AIR CANADA WEBSITES WILL OPERATE ERROR-FEE OR THAT ANY SERVER USED IN CONNECTION WITH THE AIR CANADA WEBSITE IS OR WILL BE FREE OF ANY VIRUS, TROJAN HORSE, WORM, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTION OR SET OF INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, DATA FILES OR OPERATION. YOU ACCESS AND USE AIR CANADA'S WEBSITES AT YOUR OWN RISK.
THE AIR CANADA WEB SITE AND AIR CANADA CONTENT ARE PROVIDED "AS IS, "AS AND WHEN AVAILABLE" WITHOUT WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH AIR CANADA HEREBY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AIR CANADA OR ITS SUPPLIERS, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THE AIR CANADA WEBSITES AND THE AIR CANADA CONTENT OR WITH THE DELAY OR INABILITY TO USE THE AIR CANADA WEBSITE OR THE AIR CANADA CONTENT, INCLUDING BUT NOT LIMITED TO ANY DAMAGES CAUSED BY ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS AND OTHER DAMAGE TO COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES OR INJURIES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AIR CANADA OR ITS SUPPLIERS, AGENTS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Information You Provide to Air Canada
Air Canada appreciates customer feedback and suggestions. Any feedback data such as questions, comments and suggestions regarding our products and services or the content of our Website is considered non-confidential. Air Canada has no obligation regarding such information and is free to reproduce, use, disclose and distribute the information or without limitation and without liability. Air Canada shall be free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing and marketing products and services incorporating such information.
Software Available on Our Website
Air Canada may make software ("Software") available to you for download from our Website. Any and all such Software is the copyrighted work of and owned by Air Canada and/or its suppliers, and may be accompanied by or may otherwise include a license agreement (the "License Agreement"). You may only install or use the Software if you first agree to comply with the terms of the License Agreement. Should the Software not include or be accompanied by a License Agreement, the terms and conditions governing the installation and use of the Software shall be deemed to be as follows: Air Canada and/or its suppliers hereby grant to you a personal, limited, revocable, non-assignable license to use and install the Software on a personal computer solely for the purpose of viewing and otherwise using or accessing our Website, and such use and installation shall governed by, and be in accordance with, the Terms of this User Agreement.
You acknowledge and agree that the Software is protected by copyright laws and international treaties, and that any reproduction or redistribution of the Software is expressly prohibited by law, and may result in civil and criminal penalties. . WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS USER AGREEMENT, AS THE CASE MAY BE. You acknowledge and agree that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, in contravention of such laws and regulations.
As a condition of your use of the Website, you agree to defend, indemnify and hold harmless Air Canada from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses arising out of, or resulting from or otherwise connected to your use of the Website or a breach of this Agreement.
This Agreement shall be deemed to have been made in the Province of Quebec, Canada, and shall be governed in all respects by the laws of the Province of Quebec, Canada, and the federal laws applicable therein, without regard to its conflicts of law principles.
You submit to the exclusive jurisdiction of the courts situated in the judicial District of Montreal, Province of Quebec for the all disputes or disagreements arising pursuant to, or transactions and relationships contemplated by, this Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court.
You agree that Air Canada may commence an action in any court of competent jurisdiction in order to enforce these Terms and to seek damages and/or equitable relief against you for any breaches by you of these Terms. You agree and understand that you will not bring against Air Canada, or any of its affiliates or related entities, and the directors, officers, agents, and/or employees any class action lawsuit related to your access to, dealings with, or use of the Website.
This Agreement shall constitute the entire agreement between you and Air Canada with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Air Canada with respect to the Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
A delay, omission or failure by Air Canada to exercise any right or power under this User Agreement shall not be construed to be a waiver by Air Canada of such or any other right or power, which Air Canada may assert at any time or against any person.
Air Canada has the right to terminate Users ability to access the Website, the Service as well as the Agreement, for any reason, without notice
In the event that any provision of this User Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible its original intention, and such restated provision shall remain in full force and effect.
THE CARRIAGE OF CARGO BY AIR IS SUBJECT TO THE CONDITIONS OF CARRIAGE OF THE CARRIER CONCERNED AND MAY ALSO BE SUBJECT TO THE WARSAW CONVENTION OR THE MONTREAL CONVENTION, WHICH MAY LIMIT THE CARRIERS LIABILITY IN CERTAIN CIRCUMSTANCES. THE CARRIAGE OF CARGO BY AIR CANADA IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED IN AIR CANADA's AIR WAYBILL AND TO THE AIR CANADA GENERAL CONDITIONS OF CARRIAGE FOR CARGO,
The Website confirms a booking reservation with an Air Waybill number attached to the booking reservation. Acceptance of the cargo and the final rate is not assumed and confirmed by Air Canada until after all the following actions have been completed:
- Cargo is received and verified by an Air Canada employee or duly authorized representative at An Air Canada Cargo warehouse facility;
- Cargo has been weighed;
- Cargo has cleared security;
- The requested flight(s) and space is available and validated.