Seyahatix.com Application Programming Interface (“API”) Terms of Use
Terms of Use
Thank you for using the Seyahatix.com Application Programming Interface (“the Services"). By using the Seyahatix.com Services, You agree to these terms of use (the "Terms of Use"). Seyahatix.com reserves the right to update and change, from time to time, these Terms of Use, the Services and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at http://www.seyahatix.com/info/tandc.html. Seyahatix.com may change these Terms of Use by posting a new version without notice to You. Use of the Seyahatix.com Services after such change constitutes acceptance of such changes.
1. Services Description and Restrictions
1.1. Grant of License. Subject to the terms and conditions of this AGREEMENT, Seyahatix.com hereby grants to YOU a non-exclusive, non-transferable, limited license (without the right to sublicense) to access the APIs and use the Services on the terms and conditions set out below.
In order to obtain access to the APIs, You must open a Seyahatix.com account. After supplying Seyahatix.com with Your account information, your URL/service description and agreeing to the Terms of Use, you will be issued with an alphanumeric key assigned to You by Seyahatix.com that is uniquely associated with your Seyahatix.com account and URL.
SEYAHATIX.COM RESERVES THE RIGHT TO RELEASE SUBSEQUENT VERSIONS OF THE APIs, AND TO REQUIRE YOU TO OBTAIN AND USE THE MOST RECENT VERSION. SEYAHATIX.COM MAY MODIFY THE TERMS OF USE AND/OR REMOVE OR CHANGE THE SERVICES (COLLECTIVELY, “MODIFICATIONS”), AT ANY TIME WITH OR WITHOUT NOTICE, AND YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF USE ONLINE AT ANY TIME AT HTTP://WWW./SEYAHATIX.COM/INFO/TANDC.HTML. IF YOU CONTINUE TO USE THE SERVICES ON ANY SITE OR APPLICATION, YOU WILL BE DEEMED TO HAVE ACCEPTED THE MODIFICATIONS. YOU ACKNOWLEDGE AND AGREE THAT SUCH MODIFICATIONS MAY AFFECT YOUR APPLICATION AND MAY REQUIRE YOU TO MAKE CHANGES TO YOUR APPLICATION AT YOUR COST TO ENABLE YOUR APPLICATION TO CONTINUE TO BE COMPATIBLE WITH, AND/OR INTERFACE WITH, THE API AND/OR THE SERVICES. WITHOUT LIMITING SECTION 11 (“LIMITATION OF LIABILITY”) BELOW, EBAY SHALL NOT BE LIABLE FOR ANY COSTS INCURRED BY YOU, LOST PROFITS OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY MODIFICATION.
1.2. Services. Seyahatix.com owns and operates TRIPplannerXML a web based travel planning and distribution platform (US patent no. 6,834,229 B2, 21 December 2004). Seyahatix.com offers a number of travel related Services. The current Services offered by Seyahatix.com include:
1.2.1. TRIPplannerXML - Travel Search
An end-to-end travel search and trip planning technology platform, which enables customers to easily build their white label or use the API to create their travel search/comparison travel services. The services covers: travel search, trip planning, comparison travel shopping, location based mobile travel support, comprehensive advertising and referral tracking tools with content from hundreds of travel suppliers.
1.2.2. TRIPplannerXML – Web Fares Booking
A booking engine that manages connections to hundreds of travel suppliers, including low cost airlines, scheduled airline web sites as well as rail, car, hotel, ferry and ground transport travel suppliers.
1.2.3. TRIPplannerXML – TRIPplanner
TRIPplannerXML software provides comprehensive solutions to power flight, rail, car, hotel, ferry and other travel related search engines. The software provides comprehensive tools for offering a multi-modal, comparison travel planning solution, dynamic packaging and all aspect of location based trip planning.
1.3. Conditions. All the above Services are subject to further conditions which are set out in each of the corresponding Exhibits below. You should carefully read these EXHIBITS which contain important terms on the specific use of the Services.
1.4. Restrictions. You agree that You are responsible for your own conduct and content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Services, You shall not:
1.4.1. use the APIs 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, or other malicious programs or code, counterfeit goods, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional Services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
1.4.2. use the APIs to sell or supply any data provided by the Services to any third party which includes price comparison, timetable or routing data for any of the travel suppliers included in the system;
1.4.3. use the APIs to carry out any operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Seyahatix.com APIs are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Seyahatix.com is not responsible;
1.4.4. use the APIs in any manner which fully complies with all laws, trademark, copyright, trade secret of other proprietary of any travel supplier which is available via the Services;
1.4.5. upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the Rights or have the permission of the owner to post such Content;
1.4.6. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
1.4.7. use the APIs in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with the API documentation, as determined by Seyahatix.com in its sole discretion; or
1.4.8. sell, lease, or sublicense the APIs or access thereto or derive income from the use or provision of the APIs, whether for direct commercial or monetary gain or otherwise, without Seyahatix.com’s prior, express, written permission.
2. Advertising. You agree that use of any of the Services is subject to the advertising terms more fully set out in each of the Exhibits.
3. Age and Responsibility. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of the Services by You and those using your login information.
4. Ownership and Relationship of Parties. The Services may be protected by copyrights, trademarks, services marks, international treaties, and/or other proprietary rights and laws of the U.K. and other countries. Seyahatix.com’s rights apply to the Seyahatix.com Services and APIs, excluding any software components developed by You which do not themselves incorporate the Seyahatix.com APIs or any output or executables of the Seyahatix.com APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. Seyahatix.com owns all rights, title, and interest in and to the Seyahatix.com APIs. Part of the Services include the ability to search and aggregate travel information. Before searching any travel supplier, You are fully responsible to obtain the supplier’s permission for that and to fully abide by the supplier’s intellectual property rights.
5. Term and Termination
5.1. The term of the Terms of Use shall commence on the date upon which You agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
5.2. Termination. Seyahatix.com may change, suspend or discontinue all or any aspect of the Services, including their availability, at any time, and may suspend or terminate Your use of the Services at any time. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Seyahatix.com or otherwise disparages or devalues the Seyahatix.com reputation or good will. If You desire to terminate the Terms of Use, You must remove the Services and any contents provided from Your URL and Site.
5.3. Rejection of Registration. Seyahatix.com shall have the right, in its sole discretion, to reject any request to use the Services at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Seyahatix.com. Seyahatix.com shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
5.4. Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all content received from the Services.
5.5. Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 4, 5.4, 5.5, 5.6, 6, 9, 10, 11, 12 and 14 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms.
5.6. Remedies. You acknowledge that Your breach of Services/license restrictions contained herein may cause irreparable harm to Seyahatix.com, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Seyahatix.com may be legally entitled, Seyahatix.com shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents.
6. Confidentiality. Seyahatix.com and You each agree to keep confidential the other party's Confidential Information, and that the Confidential Information will not, without the other party's consent, be disclosed in any manner whatsoever, in whole or in part, and shall not be used other than as contemplated by this Agreement. The information contained in the APIs and all information exchanged between the parties, including commercial terms shall be deemed Confidential Information. Further, each party will share the Confidential Information with only those persons within its company (and its advisors) who need to know the Confidential Information for the purpose of assisting in the performance of the Terms of Use and who are informed of, and agree to be bound by the terms hereof as if a party to, this Agreement. For the purposes of this Agreement, "Confidential Information" shall mean information that is marked "CONFIDENTIAL," "RESTRICTED" or "PROPRIETARY," or which by its nature or context should be reasonably understood to be confidential information of such party or its licensors or subcontractors. Without limiting the foregoing, Confidential Information shall include non-public, confidential, and proprietary information, including information regarding pricing, commissions, rates, terms, vendors, programs, processes, and practices, relating to a party's business operations or pursuant to this Agreement. Confidential Information does not include information that (i) is or becomes publicly available other than as a result of acts by the other party in violation of this Agreement, (ii) is already in the possession of the other party prior to disclosure of that information, (iii) is or becomes available to the other party from a source that, to that party's best knowledge, is not bound by a confidentiality agreement prohibiting such disclosure, or (iii) is independently developed by the receiving party. The receiving party may disclose the disclosing party's Confidential Information as required under applicable law or regulation; provided, however, that (i) the receiving party must give the disclosing party prompt written notice prior to such disclosure and make a reasonable effort to obtain a protective order against such disclosure, and (ii) any such disclosure shall be limited in scope, nature and degree to that deemed necessary by competent counsel.
7. Fees and Payments. Use of the Services is subject to the fees and payments set out in each of the Exhibits. Seyahatix.com reserves the right in its sole discretion to change any pricing and fees, such charges will be placed in the Terms of Use.
8. Seyahatix.com Branding. Subject to the requirements set out in each of the Exhibits below, you will display the required links and logos of the ‘powered by Seyahatix.com’ Services.
9. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEYAHATIX.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2. SEYAHATIX.COM MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
9.4. FOR ANY DATA SUPPLIED TO YOU WHICH COMES FROM THIRD PARTY TRAVEL SUPPLIERS YOU MUST OBTAIN THE EXPLICIT PERMISSION FROM THE SUPPLIER TO RETRIEVE AND DISPLAY THEIR CONTENT.
9.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEYAHATIX.COM OR THROUGH OR FROM SEYAHATIX.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.
10. Exclusion of Warranty. Seyahatix.com, and third party providers and distributors do not warrant the accuracy, completeness, merchantability or fitness for a particular purpose of any of the content or data found on this site.
11. Limitation of Liability. In no event shall Seyahatix.com or third party providers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort or otherwise, which arises out of or is in any way connected with (i) any use of the Services or content found therein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of the Services, or (iii) the performance or non performance by Seyahatix.com, or third party providers, even if such party has been advised of the possibility of such damages, or for any other party. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusion may not apply to you. If, notwithstanding the foregoing, Seyahatix.com, or any third party provider should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the Services or its content. In addition to any other rights or remedies available to Seyahatix.com may at any time and without notice terminate or restrict your access to any component of this site. The foregoing terms and conditions shall apply to both contract and negligence claims.
12. Indemnification. You agree to hold harmless and indemnify Seyahatix.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Services, violation of these Terms of Use or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
13. Choice of Law and Jurisdiction. These Terms of Use shall be governed by, and construed in accordance with, English law and the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise in connection with these User Terms.
14. General
14.1. Any notice given under this Agreement shall be in writing and may be delivered to the other party or sent by pre-paid post to the address of that party specified in this Agreement or such other address as may be notified under this Agreement by that party from time to time for this purpose.
14.2. A party will not be liable for any failure or delay in performing its obligations under this Agreement to the extent that this failure or delay is the result of any cause or circumstance beyond the reasonable control of that party and that failure or delay could not have been prevented or overcome by that party acting reasonably and prudently.
14.3. You shall not assign or transfer any rights or obligations under this Agreement to any entity without the prior written consent of Seyahatix.com.
14.4. This Agreement represents the entire terms agreed between the parties in relation to its subject matter. Any variation to this Agreement must be agreed in writing by the parties.
14.5. If any provision of this Agreement is found to be illegal, void or unenforceable by any court having competent jurisdiction, such invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement.
14.6. Nothing in this Agreement will be deemed to create a partnership or joint venture between the parties. Except as expressly set out in this Agreement, no party shall have the authority to bind the other party or to contract in the name of or create a liability against the other party in any way for any purpose.
14.7. A person who is not a party to this Agreement has no right to enforce any terms of this Agreement under the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
EXHIBIT A
TRIPPLANNERXML – Travel Search
1. Description of Service
TRIPplannerXML - Travel Search provides a comprehensive travel search solution, searching hundreds of air, rail, car, ferry, hotel and other travel suppliers, finding the best journeys and providing a price and journey comparison. When users click on one of the selected trips, they are referred directly to the suppliers' web site where they can complete the booking.
The service generates revenues from the different ad revenues programmes: pay per click, pay per acquisition, sponsored links and listings.
The service is available either both as a white label or via the APIs.
2. APIs/White label
In order join the Seyahatix.com white label solution, you must first enter into the "Seyahatix.com Affiliate Marketing Services" Agreement. The terms and conditions of the Agreement are available at the point of registration to Seyahatix.com and also un the Affiliate Marketing section.
In order and join the Seyahatix.com XML API travel search solutions, you must enter into both the "Seyahatix.com Affiliate Marketing Services" and a second agreement provided by Seyahatix.com upon contacting 'admin@seyahatix.com'.
a. If you enter into the Seyahatix.com XML API service then You:
i. must display the Seyahatix.com sponsored links (available via the APIs) to the right, left or at the top of the pages. You MAY NOT use any non-Seyahatix.com sponsored links such as Google or Yahoo;
ii. may use your own banner ads;
iii. must not deep link and provide any referrals other than via the Seyahatix.com solutions;
iv. must provide a search and comparison service with result pages which shows the suppliers journey details, the price, and the links to the supplier sites;
v. may not perform more than 50,000 (fifty thousand) searches per day unless you receive prior permission from Seyahatix.com;
vi. may not write any code or use any scripts that interfere in any way with the running of the APIs;
vii. must seek direct permission from each supplier that you wish to search prior to adding them via the APIs;
b. Fees & Charges
These are described in more detail in the Affiliate Marketing Services Agreement and the XML Travel search Agreement, but in principle are based on: share of Advertising revenues (Cost per Click/Cost per Acquisition/general advertising);
c. Seyahatix.com Branding
If you use the TRIPplannerXML - TRIPplanner software you MUST display the following Seyahatix.com branding on your application/services:
- 'Powered by Seyahatix.com' together with a hyperlink to the www.seyahatix.com home page
- The following Seyahatix.com logo:
The above logo and powered by Seyahatix.com signs shall be prominently displayed on the home page and at least on the main results pages.
EXHIBIT B
TRIPPLANNERXML – Search & Bookings
1. Description of Service.
TRIPplannerXML - Web Fares Bookings provides a booking engine which aggregates data from hundreds of travel suppliers and makes them available to search and book via the TRIPplannerXML APIs. The Suppliers include low cost airlines and airline supplier site and are updated on: www.seyahatix.com/fullsupplierlist. The system comes with extensive administration tools and comprehensive management information making it an ideal tool to integrate and embed with your own services.
TRIPplannerXML - Web Fares Bookings currently powers the leading e-commerce companies in the following market segments:
- OTLAs - Online Travel Agencies
- TMCs - Travel Management Companies
- Travel Agencies
- SBTs Self Booking Tools
- GDS - Global Distribution Systems
2. Conditions of Use
a. You may only use the Service to perform bookings on the travel suppliers.
b. You must seek permission from the travel supplier to perform the bookings
c. You must comply with all APIs and not abuse the system
d. You may not carry out any searching for any purposes other than bookings.
3. Fees & Charges
a. Option 1. annual license & maintenance fee + per booking fee; or
b. Option 2. annual license & maintenance fee + per search fee
In both the above options, Seyahatix.com shall contact you upon your application to join the service and shall negotiate with you the specific fees for the service.
4. Seyahatix.com Branding
If you use the TRIPplannerXML - TRIPplanner software you MUST display the following Seyahatix.com branding on your application/services:
- 'Powered by Seyahatix.com' together with a hyperlink to the www.seyahatix.com home page
- The following Seyahatix.com logo:
The above logo and powered by Seyahatix.com signs shall be prominently displayed on the home page and at least on the main results pages.
EXHIBIT C
TRIPPLANNERXML – TRIPPLANNER
1. Description of Service
TRIPplannerXML - TRIPplanner software provides the most advanced solutions to power flight, rail, car, hotel, ferry and other travel related search engines.
TRIPplannerXML can be used to enhance Your travel applications and services by providing among other things:
a. location based trip planning
b. multi-modal journey planner
c. travel searching for air, train, car, hotel, ferry and ground transportation
d. comparison travel search and planning
e. location resolution engine
f. dynamic packaging platform
2. Conditions of Use
a. You MAY ONLY use the TRIPplannerXML Software if you provide Seyahatix.com with the following information prior to commencing Integration:
i. detailed description of the services you plan to use TRIPplannerXML for;
ii. screen shots of your application/services with the elements using the services;
iii. detailed information about the expected load and usage;
b. You MUST NOT use TRIPplannerXML – TRIPplanner Software for the following purposes:
i. Extraction of any travel data for use in any competitive intelligence or pricing information service
ii. Resell of any route or flight data
3. Charges & Fees
The fees and charges for this service will be provided by Seyahatix.com once you have provided the information above. You may not use any of the Services until you have agreed and signed the Charges & Fees.
4. Seyahatix.com Branding
If you use the TRIPplannerXML - TRIPplanner software you MUST display the following Seyahatix.com branding on your application/services:
- 'Powered by Seyahatix.com' together with a hyperlink to the www.seyahatix.com home page
- The following Seyahatix.com logo:
The above logo and powered by Seyahatix.com signs shall be prominently displayed on the home page and at least on the main results pages. |
