Definitions
Save where the context otherwise requires, the following terms shall have the following meanings:-
"Cathay Pacific" means Cathay Pacific Airways Limited, a body corporate incorporated with limited liability in Hong Kong.
"You" means the user of this website.
"This website" means the website "www.cxagents.com".
"Terms and Conditions" means the terms, conditions and disclaimers set out hereinbelow and in the Data Privacy and Security Policy Statement and Copyright Notice.
"User Information" means all the information provided by you on this website.
"Account" means the facility extended under these Terms and Conditions allowing you an individual right of access to the services provided on this website.
Access to this website
| 1. |
These Terms and Conditions should be read before using the services offered on this website. You should review the entire Terms and Conditions including Cathay Pacific's Personal Information Collection Policy and Data Privacy Policy Statement and Copyright Notice which also form part of these Terms and Conditions and which will also govern your use of the services on this website. |
| 2. |
This website is provided by Cathay Pacific. By using the services offered on this website, you expressly agree to be bound by these Terms and Conditions and any future terms and conditions which may be added to this website. |
| 3. |
These Terms and Conditions may be revised or amended from time to time without prior notice and will be effective immediately upon their posting on this website. Please contact Cathay Pacific on Tel No. if you have any queries regarding these Terms and Conditions. |
| 4. |
When providing User Information you are representing and warranting that the information is true, correct and complete at the date of providing/inputting the same. When providing User Information, you warrant that any changes in User Information should be reflected in the agent profile on Cathay Agents or reported to Cathay Pacific immediately. You agree to indemnify Cathay Pacific, its affiliates or subsidiaries or any third party for any losses, costs, expenses or damages that they may suffer either directly or indirectly for breach of such representations and warranties. When providing User Information, you grant to Cathay Pacific the right to disclose those aspects of the User Information referred to in Cathay Pacific's Data Privacy and Security Policy Statement for the purposes specified therein. |
| 5. |
Cathay Pacific may terminate, change, suspend or discontinue any aspect of this website, including the services offered through the website, the availability of any features, at any time without notice to you and Cathay Pacific will not be liable to you or any third party for such termination, change, suspension or discontinuance. Cathay Pacific may similarly remove, add, modify or otherwise change any content on or from this website . Cathay Pacific may also impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability. |
| 6. |
You agree that you will access and utilize this website solely in connection with business transactions with Cathay Pacific and in accordance with these Terms and Conditions. You also agree that you will not utilize this website for any purpose which competes with Cathay Pacific's business or enter into business transactions on behalf of any third party. You shall not re-sell or rent attempt to re-sell or rent the services (or any part of them) to any other person. |
| 7. |
Cathay Pacific do not prevent others from linking to their websites. However, Cathay Pacific will not be liable for any loss or damage which may result directly or indirectly from any link nor use of the goods and services offered through the linked web sites nor do Cathay Pacific approve endorse or license in any way the services or goods of any company that links to this website. |
| 8. |
The carriage of passengers, baggage and cargo by air will be subject to the Conditions of Carriage and Regulations of the carriage concerned which (in the case of Cathay Pacific) may be seen on request by contacting a Cathay Pacific ticketing office. Other services and products described on this website, including our mobile services provided via mobile and wireless devices, will also be subject to terms and conditions, details of which may be obtained from Cathay Pacific or other service providers (as applicable). |
Security
| 9. |
In order to register for the services offered by this website and set up an Account you must be, and you represent and warrant that you are, at least 18 years of age and that you are an authorised Cathay Pacific agent. |
| 10. |
In order to access the website you will be required to create both a unique password as well as a user name which will also form part of your e-mail address ("Passwords"). You will select your own Passwords. You are responsible for the security and proper use of the Passwords and must take all necessary steps to ensure that the Passwords are kept confidential, used properly and not disclosed to unauthorised people. |
| 11. |
You are responsible for ensuring that no unauthorised access is obtained to the website through your Account. You will be entirely liable for all activities conducted and charges incurred through your Account whether authorised by you or not. |
| 12. |
You agree and acknowledge that any transaction or contract concluded through this website using your Passwords (whether authorised by you or not) shall constitute and deemed to have been concluded by you for which you shall be bound and liable. |
| 13. |
You must inform Cathay Pacific immediately in writing if you have any reason to believe that any Password has become known to someone not authorised to use it or if any Password is being or is likely to be used in an unauthorised way. |
| 14. |
If Cathay Pacific has reason to believe that there is likely to be a breach of security or misuse of the services on this website Cathay Pacific may change any or all of your Passwords and notify you accordingly and/or restrict or terminate your access without liability. |
| 15. |
If you forget any Password, upon satisfying the security checks by Cathay Pacific, you will be given a new Password to enable you to use the services. You may change your Passwords and registration details on-line at any time. |
| 16. |
You confirm and warrant that all the information supplied by you when you register for this website is true complete and accurate and legally acquired and transferred to Cathay Pacific in all respects and you agree to notify Cathay Pacific immediately of any changes to that information. If Cathay Pacific believes that you have provided false information on registration or that you have intentionally failed to notify Cathay Pacific of any changes to this information Cathay Pacific reserves the right to terminate any or all of the services without notice. |
User's obligations
| 17. |
You agree: |
| 17.1 |
not to use this website in any manner which could damage, disable, overburden or impair this website or the business of Cathay Pacific, its subsidiaries, associates or third parties; |
| 17.2 |
not to interfere with the security of, or otherwise abuse or disrupt, this website, or any services, system resources, accounts, servers or networks connected to or accessible through this website; |
| 17.3 |
not to tamper with the software or other material or information on this website and not to do anything which may damage or interfere with any system data, material or information on this website; |
| 17.4 |
not to disrupt or interfere with any other person's use and enjoyment of this website; |
| 17.5 |
not to upload, post or otherwise transmit on this website any software viruses or any other computer code, files or programs that would interrupt, destroy or limit the functionality of this website and/or computer software or hardware or telecommunications equipment of Cathay Pacific, its subsidiaries or affiliates; |
| 17.6 |
not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this website ; |
| 17.7 |
not to use or attempt to use another User's account, service or system without authorization from Cathay Pacific, or create or use a false identity on this website ; |
| 17.8 |
not to attempt to obtain unauthorized access to this website or portions of this website which are restricted from general access; |
| 17.9 |
not to upload, post, email, offer or otherwise transmit any information or data in respect of which you have no right (either proprietary, contractual, or fiduciary) to transmit or which is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or otherwise objectionable or illegal; |
| 17.10 |
not to create hyper links to or cache this website without Cathay Pacific's permission in writing |
| 17.11 |
not to use or access this website in any way that would or may violate any applicable law, statue, ordinance, rule or regulation including but not limited to copyright or intellectual property right laws |
| 18. |
If anyone uses your Account with or without your knowledge or approval in contravention of any of the provisions in these Terms and Conditions Cathay Pacific will treat that contravention as a breach by you of these Terms and Conditions. |
| 19. |
You agree that you are solely responsible for actions and communications undertaken or transmitted to or for your Account, and that you will comply with all applicable laws that relate to its use or activities on this website . |
| 20. |
You must inform Cathay Pacific immediately if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the services and you must, at Cathay Pacific's request, immediately stop the act or acts complained of. You must, at Cathay Pacific's request, inform Cathay Pacific of the details of the claim(s) in writing. |
| 21. |
Cathay Pacific may at its discretion suspend or terminate your access to its services/website without prior notice or liability if it believes that there has been a contravention of any provision in these Terms and Conditions. Cathay Pacific will not restore the website/services until Cathay Pacific and receives to Cathay Pacific's satisfaction and at its discretion an acceptable assurance from you that there will be no further contravention. |
Breach
| 22. |
Without prejudice to any other provision in these Terms and Conditions, Cathay Pacific may suspend the provision of the services on this website to you with immediate effect without notice: |
| 22.1 |
you breach any provision of these Terms and Conditions; or |
| 22.2 |
Cathay Pacific believes that the services are being, or will be, used in a manner prohibited under these Terms and Conditions, even if you are unaware that the services are being, or will be, used in such a way. |
Non waiver
| 23. |
If Cathay Pacific delays in acting upon a breach of these Terms and Conditions by you, such delay will not be regarded as a waiver of the breach. If Cathay Pacific does waive a breach of these Terms and Conditions by you, that waiver is limited to that particular breach. |
Disclaimer
| 24. |
All material and information provided by Cathay Pacific on this website is for information purposes only. Everything on this website is provided on an "as is" basis. Cathay Pacific do not purport to give advice and the information/material set out on this website should not be construed as giving advice. {The services on this website are provided without any warranties or any conditions (express or implied) other than those expressly stated in writing on this website as Terms and Conditions.} In particular, Cathay Pacific does not warrant that the information contained on or services offered on its website are or will be accurate, complete, up-to-date, continuous, secure or error free. Prices shown are merely invitations to treat and are not offers. { You should therefore verify the information appearing on this website before you act upon it by calling your local Cathay Pacific office or the Cathay Pacific partner concerned (as applicable). Cathay Pacific also does not provide any guarantee as to the quality, accurateness or fitness for purpose of this website or the services referred to in it.} You access and use this website at your own risk. |
| 25. |
Although Cathay Pacific has taken measures to keep this website free from computer viruses, given the inherent risks of the Internet Cathay Pacific does not represent that this website is free from computer viruses or any other defects. { Cathay Pacific will not be liable for any loss or damage however caused which may result directly or indirectly from accessing, downloading or otherwise using information from this website and use of this website is at your own risk.} Information on this website is prepared in accordance with Hong Kong law only and is believed to be actual and current at the date it was placed on this website. |
| 26. |
In no event shall Cathay Pacific, its directors, officers, employees, subcontractors and agents, its affiliates, subsidiaries and/or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, lost business opportunities, loss of information or programs or other data) related to the use of, or the inability to use, this website, the services/goods offered through it, its contents or materials, or any information, software, services obtained through this website, or functions of this website, whether or not any of Cathay Pacific, its directors, officers, employees, subcontractors, agents, affiliates, subsidiaries and/or suppliers has been advised before hand of the possibility of such damages or loss. |
| 27. |
You agree that Cathay Pacific shall not be responsible for any corruption, destruction, loss, damage, delay, errors or omissions during transmission (or any other events) affecting your data or business including those which occur as a result of transmission over any public telecommunications network, including the Internet. Cathay Pacific shall not be responsible for any consequences of such events. |
| 28. |
You also agree not to claim for any loss or damage suffered as a result of the misuse of information by a third party carried out without the authority of Cathay Pacific, its affiliates or subsidiaries. |
| 29. |
Cathay Pacific is not responsible for any direct or indirect loss or damage security from your use or inability to use this website or resulting from the unauthorised access to the data transmission line or to Cathay Pacific's and/or your equipment or software or alteration of your data or draft information on this website. |
| 30. |
It is possible that other web sites may link to this website. Use of services/goods offered on such other web sites or resources are at your own risk. The contents, accuracy, opinions expressed, and other links provided at these sites are not investigated, verified, monitored, nor are such linked web sites endorsed by Cathay Pacific. Cathay Pacific disclaims any responsibility for the accuracy, contents, availability or omission of information found on sites that link to or from this website. You should therefore make all enquiries and investigation before proceeding with any online or offline access or transaction with any of these third parties. Cathay Pacific does not warrant the security of any information you may forward or be requested to provide to any third party. You irrevocably waive any claims against Cathay Pacific for any loss or damage, whether directly or indirectly, incidental, punitive or consequential, suffered as a result of any access to or interaction with any other websites via this website. |
| 31. |
To the full extent permitted by law, Cathay Pacific excludes liability whether in contract, tort (including liability for negligence) or otherwise for the accuracy, suitability, quality or completeness of any content and the value, quality and integrity of goods and services offered by third parties over the Internet. You acknowledge that Cathay Pacific has no control over and Cathay Pacific excludes all liability for, any material on the Internet which can be accessed by using this website. |
| 32. |
To the full extent permitted by law, Cathay Pacific, its affiliates and subsidiaries exclude liability, whether contingent or otherwise and whether caused by the negligence of Cathay Pacific, its affiliates or subsidiaries to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this website. Cathay Pacific shall have no responsibility to maintain the information or services made available on this website or to supply any corrections or updates in connection with such information or services. |
Force Majeure
| 33. |
Neither Cathay Pacific nor you shall be under any liability or otherwise be in breach of its obligations under these Terms and Conditions in respect of anything arising by reason of force majeure, which shall include all events beyond the control of the party claiming force majeure, including but not limited to war, blockade, riots, civil commotion, strike, lock-out, act of God, fire, flood, storm, other natural catastrophes, failure or interruption of public or third party telecommunication, payment transmission, cleaning, settlement or other services, acts of Government or civil or regulatory authority, withholding, refusal or modification of export or import licences or other authorisations or approvals and any other circumstances which prevent or hinder the party from performing its obligations. |
Indemnity
| 34. |
You agree to indemnify and hold Cathay Pacific, its affiliates, subsidiaries, directors, officers, employees, subcontractors, agents and/or suppliers, harmless from any and all loss or damage caused to Cathay Pacific or its affiliates, subsidiaries, directors, officers, employees, subcontractors, agents and/or suppliers or any claim or demand made by any third party, including all reasonable legal costs, arising out of your use or misuse of this website, and/or the breach of these Terms and Conditions, breach of warranties and representations and/or from the infringement of any intellectual property or the rights of any other person or entity by you. |
Severability
| 35. |
The invalidity, illegality or unenforceability of any provision in these Terms and Conditions does not affect the other provisions of these Terms and Conditions which will remain in full force and effect. |
Governing Law and Dispute Resolution
| 36. |
These Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region and the Hong Kong Courts shall have the exclusive jurisdiction to deal with all matters relating to these Terms and Conditions and this website. |
| 37. |
Should you object to any of these Terms and Conditions, you must discontinue using this website immediately. |
