TERMS AND CONDITIONS
Last Review : 07 September 2024
ICTS Europe Systems provide TravelDoc, an automated document service which allows organisations to check the travel requirements of every country around the world and determine if the travel documents held by an individual will allow them to travel to a given destination.
This document explains the terms under which you may use our online services, including the TravelDoc website (www.traveldoc.aero) and any of it’s associated subdomains, the content we publish on the websites and other online resources, and any products or services you may obtain through our websites.
IMPORTANT TERMS OF REFERENCE
“ICTS Europe Systems”, “we”, “our” or “us” refers to the ICTS Europe Systems, the legal entity that is responsible for the TravelDoc service and associated websites.
“Agreement” refers to this document detailing our Terms and Conditions.
“Content” refers to any text, images, references, information or data displayed as part of the Service.
“Services” means the services that ICTS Europe Systems provide as part of it’s TravelDoc service. Our “Corporate Services” are Services provided by ICTS Europe Systems to entities (“Corporate Users”) who directly and indirectly provide us with “End Customer” Personal Information in connection with those Business Users own business and activities. Our “End User Services” are those Services which ICTS Europe Systems directs to individuals (rather than entities) so that those individuals interact with ICTS Europe Systems directly. “Sites” means traveldoc.aero and associated sites provided under a vanity URL (e.g. airlinename.traveldoc.aero). Collectively we refer to Sites, Business Services and End User Services as “Services”.
“You” and “Yours” means, depending on the context, either End Customer, End User or Representative:
· When you directly use and End User Service (such as when you visit a Site in your personal capacity), for your personal use, we refer to you as an “End User”.
· When you are a customer, or otherwise interact with, a Corporate User (typically a company using TravelDoc to provide automated document check services e.g. to check if you require a visa to travel to a given destination) but are not interacting directly with ICTS Europe Systems, we refer to you as an “End Customer”.
· When you are acting on behalf of an existing or potential Corporate User (e.g. you work on behalf of a company using TravelDoc) we refer to you as a “Representative”.
“Service Providers” refers to third party affiliates who provide additional services to us or End Users and whose provision of services is governed under their own terms and conditions that we do not provide any warranty or liability for.
THIS IS OUR CONTRACT
By accessing or using the Service, or by clicking a button or checking a box marked “Accept” (or something similar), you signify that you have read, understand, and agree to be bound by these Terms of Service (this “Agreement”), any other contract terms you agree with, and to the collection, use, and certain disclosures of your information as set forth in our Privacy Policy.
This Agreement applies to all visitors, users, and others who access or use the Service, whether or not you establish an account with our Service (“End User”, “End Customer” and “Representative”). Please review this Agreement carefully. If you do not agree to the terms in this Agreement, you do not have the right to access or use our Service.
If you do register for an account, or otherwise use our Service, you shall be deemed to confirm your agreement to be a party to this binding contract.
Your Relationship with Us
By accepting this Agreement, you acknowledge and agree that the Service is not owned, operated, sponsored, endorsed by, or affiliated to any government or governmental agency and that by using the Service, you are not obtaining legal or other regulatory advice from the Service. The Content we provide is for information purposes only and is not a substitute for legal advice.
Your Rights in Using the Service
We grant you a personal, non-commercial, worldwide, royalty-free, non-assignable and non-exclusive license to use our Services, for the sole purpose of enabling you to use the Service and enjoy the benefits of the Service, subject to any applicable license terms provided this Agreement until your rights are terminated in accordance with such license or this Agreement. You do not obtain any other right or interest in Us or the Service.
If you create an account as an End User, End Customer or Representative you may be bound by additional terms and conditions that govern your account and use of the Service under a commercial agreement. In the absence of additional terms and conditions, this Agreement remains in force.
OUR RIGHTS IN THE SERVICE
By agreeing to this Agreement, and using the Service, you acknowledge and agree that we have a variety of rights in the Service and the data and Content generated by the use of the Service. These rights include:
Intellectual Property Rights
By using the Service, you acknowledge and agree that all rights in the Service, including all Content, are protected by various intellectual property rights, such as copyright, trademark, patent, trade secret, and other laws, regulations, and treaties, in addition to the terms in this Agreement.
Unless otherwise specified by us in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by us. You agree that we (and our licensors, as applicable) own all rights, title, and interest in and to the Service (including moral rights and related documentation). In particular, you agree to not modify, create derivative works of, harvest, scrape, decompile, or otherwise attempt to extract Content from the Service, unless you are expressly permitted to do so under an open source license, we give you express written permission, or you are otherwise legally permitted to do so notwithstanding this prohibition.
TravelDoc’s stylized name, logo, and other related graphics, and any service marks and trade names used on or in connection with the Service are ICTS Europe Systems trademarks and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
Feedback
When you submit any ideas, suggestions, documents, and/or proposals relating to the Service to us (other than your Personal Information) through email, phone call, a social media channel, chat or text messages or web sites, or through any other channel or mechanism (collectively, “Contributions”), you acknowledge and agree that:
· Your Contributions do not contain confidential or proprietary information;
· We are not under any obligation of confidentiality, express or implied, with respect to the Contributions;
· We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way;
· We may have something similar to the Contributions already under consideration or in progress;
· Your Contributions automatically become our property without any obligation of us to you; and
· You are not entitled to any accounting, compensation or reimbursement of any kind from us under any circumstances.
When Submitting any Contributions, you warrant to us that any holder of any worldwide intellectual property or other right, including moral rights, in such Contributions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant rights stated above to us. If a Contribution you make contains Personal Information, our rights under this section with respect to the use or disclosure of such Personal Information will be limited as and to the extent required under applicable law.
Right to Modify the Service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us.
We also reserve the right to establish limits to the nature or type of results available to you, the number of checks or queries you can make, the ability to send or receive messages to us, the nature or size of any repository of information we make available, the nature of, or your continued ability to access or distribute Content, or other data, and impose other limitations at any time, with or without notice. For example, we may at some point charge fees for certain components of the Service that did not previously have a fee.
You also acknowledge that a variety of our actions may impair or prevent you from accessing or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any data or Content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Service.
Right to Engage Third Parties
We engages certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable.
Right to Monitor
We reserve the right to monitor use of the Service at any time as it deems appropriate and to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may violate this Agreement, or are, in our sole discretion, inconsistent with our purpose for the Service.
Requirements for Use of the Service
The nature of our Service requires that we impose certain conditions upon your use, and that you acknowledge certain cautions in using the Service, as follows:
Your Content
Any content that is submitted to us or to the Service by Users of our Service, or otherwise added, uploaded, distributed, or posted to the Service or any of our social media channels or sites, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses, comments, videos, or written materials (collectively, “User Content”), is the sole responsibility of the person who originated and/or published such User Content. User Content also includes content provided by individuals through third party services such as their social media account (e.g., Facebook, YouTube, Instagram, Twitter, etc.) if such User Content mentions, tags, or otherwise interacts with us, our Content, the Service, or any of our products or Service. If you elect to publish any User Content, you represent that such User Content is accurate, complete, up-to-date, and in publishing such User Content you are acting in compliance with all applicable laws, rules, and regulations. User Content that you submit must not:
· Contain any content that infringes intellectual property rights, data protection, publicity, or privacy rights of an individual;
· Be defamatory or threatening;
· Impersonate any person or entity;
· Contain unauthorized advertising; or
· Transmit or distribute any virus and/or other code that has contaminating or destructive elements.
We make no representations, warranties, or guarantees with respect to any User Content that you access on or through the Service or any of our social media channels or sites.
By submitting User Content through the Service or any of our social media channels or websites, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), edit, modify, and make derivative works from your User Content (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. You also hereby do and shall grant each user of our websites, social media channels, and/or the Service a non-exclusive, perpetual license to access your User Content through such websites, social media channels, and/or the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Content, including after your termination of use of the Service.
In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Prohibitions
You are prohibited from using or attempting to use the Service for:
· Any unlawful, unauthorized, fraudulent or malicious purpose;
· In any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
· In any manner that could interfere with any other party’s use and enjoyment of the Service;
· To gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means;
· To access systems, data, or information not intended by us to be made accessible to a User
· To obtain any materials, or information through any means not intentionally made available by us;
· To reverse engineer, disassemble or decompile any software or other technology on the Service;
· Any use other than the purpose for which it was intended.
In addition, in connection with your use of the Service, you agree you will not:
· Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
· Create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, our representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
· Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
· Delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;
· Use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
· Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
· Violate any applicable local, state, national or international law;
· Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
· Delete or revise any material posted by any other person or entity;
· Manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology;
· Probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems;
· Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
· Harvest or otherwise collect information about others, including email addresses;
· Use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or
· Assist or permit any person in engaging in any of these activities.
We reserve the right to take whatever lawful actions we deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User's access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, we reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Precautions
In using the Service, you acknowledge that use of the Service does not guarantee any particular result. This means that:
i. there is no guarantee that the use of the Service will assure you of being granted
a. carriage by any travel provider
b. the right to enter, leave, transit or reside in any state, region or country;
ii. you are solely responsible for determining the documentation required to enable your desired travel, and the sufficiency of documentation for your travel purposes.
Decisions made by travel provider representatives and immigration officials is based on a number of factors, some of which may not be covered by the Service.
The information obtained through this service is subject to constant review and updating in light of constantly changing government regulations. Please review the information and educational items we publish on our website, our social media outlets, and in our mobile applications for additional guidance on these issues.
Reliance on Information PROVIDED
The information presented on or through the Service or any of our social media channels or websites is made available solely for general information purposes.
We do not warrant the accuracy, completeness, timeliness, or usefulness of this information, as government requirements and practices are subject to change from time to time and without notice, including, without limitation, health and safety requirements, travel restrictions, sanctions and embargoes.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our social media channels or websites, or by anyone who may be informed of any of its contents.
If you find information on our site which you believe to be incorrect, you may submit feedback to us using the feedback mechanism on the website.
Third-Party Links, Content and Services
We may include or recommend third-party resources, materials, and content and/or links to third-party websites, content, and Service Providers as part of, or in connection with, the Service.
In some cases, we may obtain a commission from certain referrals to third party products and services. While we endeavour to only select high quality and reliable parties to provide any element of our Service, we may have little or no control over such third parties or their products or services and, accordingly, you acknowledge and agree that
i. we are not responsible for the performance of such third parties or their products, services, web sites, or content;
ii. we are not responsible or liable for any content or other materials or performance available from such sites or third parties, and
iii. we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials, products, or services.
In addition, you should carefully review the contract terms and privacy policies of any third-party product or service provider, and their website, products, or services, as you will be subject to such third party’s terms and conditions, and not this Agreement or our Privacy Policy.
Your communications or business dealings with any such third party are solely between you and such third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of our reference to such third party’s publications, products, or services.
DISCLAIMER
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ICTS EUROPE SYSTEMS AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. ICTS EUROPE SYSTEMS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICE. ICTS EUROPE SYSTEMS DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICTS EUROPE SYSTEMS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICTS EUROPE SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold ICTS Europe Systems and any third parties offering products or services through the Service harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or wilful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defence of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and ICTS Europe Systems. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. We may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of ICTS Europe Systems or to a third party in the event that some or all of our business is transferred to such other third party by way of merger, sale of its assets or otherwise.
Changes to this Agreement
We are continually making modifications and enhancements to our Service and so this Agreement may be amended without prior notice as new features, technology, or legal requirements arise, so please check back from time to time and check the Effective Date set forth above.
If we do update this Agreement, you are free to decide whether to accept the updated terms or to stop using our Service; your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the modified Agreement. Except for changes made by us as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement expressly amending this Agreement and bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
Contacting Us
You may contact us if you have any questions or concerns about this Agreement at info@ies.aero We will attempt to respond to your questions or concerns promptly after we receive them.