Acceptance of Terms of Use
Each time you access or use the Cargo Website, you are entering into a contract with us and you agree to be bound by these Terms of Use. If you do not agree to be bound by and comply with these Terms of Use, please do not access or use the Cargo Website.
We also reserve the right to deny you access to or use of the Cargo Website if we have reason to believe that you do not comply with these Terms of Use.
Changes
Air Canada reserves the right at any time to change these Terms of Use, or to modify or discontinue, either temporarily or permanently, the Cargo Website including any products, goods, services, or functionalities contained on or referenced on the Cargo Website, in its sole discretion, without notice or liability.
It is your responsibility to regularly review the Terms of Use of the Cargo Website. If you use the Cargo Website after we make any changes, it means you have accepted the changes and that you agree to be bound by the Terms of Use as modified.
Functionalities
Access to certain functionalities of the Cargo Website may only be available to registered users (including user’s employees, invitees, agents, and all other authorized persons with access to user’s passwords) (collectively, "Users") only.
You agree that the booking functionalities on the Cargo Website shall be used only to make legitimate cargo consignment bookings for you or for another person for whom you are legally authorized to act.
Links to third party sites
The Cargo Website provides you with convenient links and references to other websites that may be owned and operated by third parties. Air Canada does not sponsor or endorse any information, products, goods or services contained on or offered through any of the linked websites. Likewise, Air Canada does not sponsor or endorse any persons or entities that are associated with other websites linked via our Cargo Website. These third party sites and content are not maintained, operated or controlled by Air Canada, and Air Canada does not provide any guarantees regarding these websites. You assume sole liability for the access or use of such third-party sites and content.
No permission is given to you to link or provide references to our Cargo Website or to use any of Air Canada's icons, logos, site address, or trademarks to provide such links or references, unless you have written agreement with Air Canada's permission.
Representations and warranties
By using or accessing the Cargo Website, you represent and warrant that you:
- Are at least 18 years of age and have the legal right and ability to enter into these Terms of Use and to use or access the Cargo Website in accordance with these Terms of Use.
- By using and accessing the Cargo Website, including making bookings related to the purchase of any products or services contained herein or creating electronic air waybills, 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 to us, 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 Cargo Website under your name or account, as well as all use of others using your name or account on the Cargo Website.
- Agree to supervise all persons who have not reached the age of majority in your jurisdiction who use or access the Cargo Website under or using your name or account.
- Will comply with the applicable laws and regulations.
- Have submitted or will submit, or others using or accessing the Cargo Website under or using your name or account have submitted or will submit, information, content or material which is true, accurate and complete.
- Agree that your account information is owned by and proprietary of Air Canada. You must access your account directly through the Cargo Website and not through a third party website, including but not limited to any tracking service.
- Agree to the payment of all amounts resulting from your bookings when due. You shall be solely responsible for all applicable charges, fees, duties, taxes and assessments arising out of the purchase of any products or services booked through this Cargo Website.
Limitations of use
You may not access the Cargo Website for any purpose that is unlawful or that is prohibited by these Terms of Use. You may only use or access the Cargo Website to determine the availability of and to make bookings for goods or services offered on the Cargo Website. Air Canada provides this Cargo Website solely to permit you to determine the availability of cargo air carriage related goods and services and to make legitimate bookings or reservations or otherwise transact business with Air Canada, and for no other purpose. Use of our Cargo Website for any other purpose, including any commercial use or purpose, is expressly prohibited.
In addition to the foregoing, you also agree that, in using or accessing the Cargo Website, you shall not commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms of Use:
- Directly or indirectly, use or access, or encourage, solicit, permit, facilitate, aid, assist or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that permit, the use or access, or agree to provide the use or access, of the Cargo 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 Cargo Website;
- Unless expressly provided for in these Terms of Use, 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, goods, services, and software contained or offered on, or obtainable by, through or from our Cargo 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 Cargo Website;
- Use or access our Cargo Website in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our Cargo Website, that otherwise interferes with the normal functioning of our Cargo Website or otherwise abuses or overuses our Cargo Website;
- Circumvent, or attempt to circumvent, any measures or precautions taken by Air Canada to prevent the use or access of our Cargo Website, or any other action, in violation of these Terms of Use;
- Access the Cargo Website to make any speculative, fraudulent, or false booking or reservation, or any booking or reservation in anticipation of demand. Air Canada reserves the right to cancel any and all such prohibited bookings or reservations without notice and without liability; or
- Engage in any other conduct or activity that either conflicts with these Terms of Use or that Air Canada deems, in its sole, absolute and unfettered discretion, to be in conflict with these Terms of Use.
- Utilize an Air Canada customer's User ID, password or other login information during log in, or 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 express permission;
- An employee of the User, acting with the User’s express permission; or
- Any other authorized person acting with the User’s express permission.
User is solely responsible for ensuring the protection and confidentiality of User’s account login information (including User ID and passwords). User agrees not to transfer User’s login information or otherwise transfer User’s use of or access to User’s account to any unauthorized person. User will promptly notify Air Canada if User becomes aware of or reasonably suspects any unauthorized activity on User’s account or the loss, disclosure, or unauthorized use of User’s passwords, account or other login information. In the event of the actual or suspected loss, disclosure or unauthorized use of any such information, User should immediately take all steps to change User’s ID, passwords and/or other login information.
The Cargo Website contains copyrighted and other proprietary information. You may not in any way make unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Cargo Website, 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 Cargo Website, 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 these Terms of Use 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 or 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 your account or the Cargo 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 any person(s) is(are) engaging in Improper Conduct, charge such person(s) (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) such person(s)’ access (in whole or in part) to Air Canada’s services. Such person(s) shall indemnify Air Canada against all damages, loss or expenses which Air Canada suffers or incurs as a result of such Improper Conduct.
Liability disclaimer
Any information, software, products, goods, 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 and/or omissions, 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 uninterrupted, error-fee or that any server used in connection with the Air Canada websites 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.
Air Canada’s websites and Air Canada Content are provided "as is, "as and when available" without any 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 delay or the inability to use, the Air Canada websites or any 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, non delivery of notifications, email or text messages that are lost, intercepted, reviewed or altered by others, text messages sent to a valid phone number that you provided to us but which is not owned or no longer owned by you, computer virus and other damage to your mobile device, 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 in 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. To the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages, this particular limitation or exclusion may not apply to you.
Indemnity
As a condition of you accessing or using the Cargo Website, you agree to defend, indemnify and hold harmless Air Canada, its affiliates and their respective directors, officers, employees, agents, and licensees from and against any and all claims, demands, suits, actions, proceedings, liabilities, damages, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected with: (a) the Air Canada Content, (b) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, (c) your (or anyone acting under your name and account) use of the Cargo Website, or (d) a breach of these Terms of Use.
Information you provide to Air Canada
Air Canada appreciates customer feedback and suggestions. Any feedback data you provide to us such as questions, comments and suggestions regarding our products and services or the content of our Cargo Website is considered non-confidential. Air Canada has no obligation to you regarding such information and is free to reproduce, use, disclose and distribute the information free of charge and without your permission and any 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.
Your privacy
Air Canada is committed to your right to privacy. When using the Cargo Website, you can be confident in knowing that any information shared with us will be subject to a high standard of confidentiality and our Privacy Policy .
Software available on our Cargo Website
Air Canada may make software ("Software") available to you for download from our Cargo 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 Cargo Website, and such use and installation shall governed by, and be in accordance with, the Terms of these Terms of Use.
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 these Terms of Use, 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.
English language
It is the express wish of the parties that these Terms of Use be drafted in English. Les parties aux présentes ont expressément demandé que ces Modalités d’utilisation du Site Web soient rédigées en anglais.
General terms
For Québec residents—These Terms of Use shall be governed by, construed and/or interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any dispute is to be submitted to the exclusive jurisdiction of the courts in the judicial district of Montreal, Province of Québec.
For non-Québec residents—These Terms of Use shall be governed by, construed and/or interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any dispute is to be submitted to the non-exclusive jurisdiction of the courts in the judicial district of Calgary, Province of Alberta.
You agree that Air Canada may commence an action in any court of competent jurisdiction in order to enforce these Terms of Use and to seek damages and/or equitable relief against you for any breaches by you of these Terms of Use.
Subject to any other applicable agreement you may have entered into with us, these Terms of Use and any other notices or statements posted on the Cargo Website constitute the entire agreement between you and Air Canada with respect to the use of the Cargo Website, including the Air Canada Content, and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Air Canada with respect to the Cargo Website and Air Canada Content.
A printed version of these Terms of Use and of any notice given in electronic form will be accepted as conclusive evidence and admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any delay, omission or failure by Air Canada to exercise any of its rights, powers or remedies under these Terms of Use does not constitute a waiver by Air Canada of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. Air Canada may assert at any time or against any person any such rights, powers or remedies.
If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
If any provision of these Terms of Use conflicts with the law under which these Terms of Use are 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 carrier’s 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 conditions of contract for carriage of cargo (domestic or international, as applicable), as well as applicable policies and cargo tariffs (together, the “Contract of Carriage”).
The Cargo Website confirms a booking reservation with an air waybill number attached to the booking reservation. Flight schedules, routes, rates, available capacity and tender times may be subject to change. By submitting a booking reservation through the Cargo Website, you consent to the use of electronic air waybills (e-AWBs) for the Contract of Carriage between you and Air Canada and which e-AWB will have the same force and effect as a physical air waybill and Contract of Carriage.
Acceptance of the cargo and conclusion of the air waybill (including e-AWB) with 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; and
- The requested flight(s) and space is available and validated.