To User’s compliance with the terms and conditions of this Agreement, AllMyles Ltd hereby grants User a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to use the API for submission of inquiries via a designated URL, subject to and in accordance with the terms and conditions specified herein. User shall not use the API and its output data in connection with or to promote any websites, products or services that promote or are used for the purpose of dealing in spyware, adware, or other malicious programs, spam or any offensive or illegal content. User may not (i) copy, sublicense, reverse engineer or modify the API and its output data, or (ii) use the API and its output data on behalf of any third party or (iii) make usage of the API and its output data in a way that will compete with any of AllMyles’ products. Upon usage of our global, country and category ranking APIs, users must add near the API output in a visible way the following section: “Powered by AllMyles”. This phrase must be hyper linked to our site at http://www.allmyles.com. Failure to do so will lead to a disconnection of the API.User’s usage of the API. This Agreement may be updated by AllMyles Ltd at any time and any modification of this Agreement shall be applied to existing Users. In case of any changes in this Agreement, we will duly notify you either in an e-mail, or through the Website. If you continue using the Services after such change, this shall constitute your consent to the updated Agreement.
You may use the Services of AllMyles Ltd if you sign up on the Website and subscribe for one of the subscription packages offered by us. The actual content of the Service and the service fee may vary depending on the selected subscription package. You may find detailed information regarding each subscription package here http://www.allmyles.com.
You may sign up on the Website by selecting the chosen subscription package and filling in your personal data and payment information in the online form available under the sign up menu. Before finalizing your signing up process, you will have the possibility to correct any errors in the online form. The sign up process shall be only valid once you have explicitly accepted to be bound by this Agreement and the whole amount of the first service fee has been duly paid to AllMyles Ltd in line with section 4 of this Agreement. We will confirm your successful subscription per e-mail.
By signing up you agree, declare and warrant that
We may request any time from you to provide us with adequate written proof of the above listed declarations (especially your official authorization for providing travel intermediation services).
In consideration of the use of the Services, User shall pay to AllMyles Ltd the service fee (including transaction fees paid after user searches in the API) presented on the Website. The service fees are payable on a monthly or Yearly subscription basis in advance, with the exception of the transaction fees, which are payable on a monthly basis after each monthly period of your subscription. The service fees may be changed by AllMyles Ltd from time to time, prospectively and not retroactively. You acknowledge and accept that we may use a third party service providers to manage and process your search, booking, ticketing and payments. User furthermore consents to provide AllMyles Ltd with every information and access to such data, which is necessary to determine the amount of the transaction fees payable depending on the numbers of user searches (no actual order is necessary) conducted through the API. Should the above third party providers apply any usage fees and/or charges against the Services, Allmyles Ltd is entitled to incorporate or bundle those fees and/or charges into applicable fares, rates and fees.
You acknowledge and accept that you shall pay the total fees to the suppliers (e.g. flights, hotels, rental cars, etc.) for any booking facilitated via the Services. “Total fees” means all fees, costs and charges charged from time to time by the suppliers which are due and payable by the User at all times for each and every booking made under and using the Services provided by AllMyles Ltd. You may pay the Total fees either (i) by your credit card (“Credit Card System”) or (ii) with using the prepaid system of AllMyles Ltd (“Prepaid System”). By using the Credit Card System the Services shall provide a secure channel through which the suppliers charge the Total fees directly to your credit card for the services booked by using the Services. By using the Prepaid System, you shall deposit a pre-agreed amount in advance to the bank account of AllMyles Ltd held at Citibank, that amount shall be sufficient to pay the Total fees. All deposits will be uniquely registered and handled separately from each other. Such funds shall be used by AllMyles Ltd only to pay the Total fees to the suppliers providing the services to you and your clients. After your funds are deposited on the bank account, AllMyles Ltd shall send an accounting document (in Hungarian: számviteli bizonylat) to you including the parties, amount, date and the purpose of the deposited funds. You may request AllMyles Ltd to transfer back the remaining part of your deposits from the bank account at any time if you do not have any further obligations towards the suppliers.
Any service fees paid to AllMyles Ltd under this Agreement or pursuant to your subscription shall not be refundable unless explicitly otherwise specified herein. All service fees (including both one off and transaction fees) paid to AllMyles Ltd under this Agreement are mutually agreed and considered as Royalty
The User may cancel at any time the subscription. When canceling a monthly subscription, AllMyles shall not reimburse the relative part of such month during which the Services were not used. In case of cancellation of the services by User prior to the lapse of a full contract year, AllMyles shall reimburse User for the relative part of such year during which the services were not used (taking into account full months only).
As your technical service provider, AllMyles Ltd provides you with the Services (to the extent depending on your subscription package), with the help of which you may offer various travel booking (e.g. flights, hotels) services to the visitors and/or users of your own website.
You acknowledge and declare that you shall bear the legal responsibility for the provision of such booking services through your website (including but not limited to obtaining and maintaining the necessary official licenses, concluding the necessary cooperation agreements with travel and transport service providers, performing the orders of your users). You shall be solely responsible to comply with any applicable legal provisions for such services and for the conclusion of such contracts with your customers (including the existence of your own terms and conditions applicable for your services).
AllMyles Ltd solely provides you with the technical background for your own business activity carried out in your own name to third party users visiting and using your website. AllMyles Ltd shall in no event be party to any of the contracts concluded by and between you and your customers; neither does AllMyles Ltd carry out any marketing or commercial agency activity on your behalf in connection with your booking services.
The Website, the API (including its every component), the results of any inquiries submitted through the API (“Results”) and all intellectual property rights in and to the above (including but not limited to the name “AllMyles” and any derivatives thereof, and other visual and or verbal elements related to the concept of the Services) are and shall at all times remain the sole and exclusive intellectual property of AllMyles Ltd and are protected by applicable intellectual property laws and treaties; provided, however, that User may use any Results and other intellectual property solely subject to the terms specified herein during the term of the valid subscription for the Services. Any violation of AllMyles Ltd’s exclusive rights shall be considered as a serious breach of this Agreement and shall result in the termination of this Agreement and/or the effective subscription with immediate effect.
THE USER SHALL ASSUME FULL RESPONSIBILITY AND ALL RISKS ARISING FROM THE USE OF THE API AND/OR THE SERVICES. THE API AND ANY RESULTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THAT THE RESULTS AND OTHER BOOKING INFORMATION AVAILABLE THROUGH THE API ARE COLLECTED AUTOMATICALLY FROM THIRD PARTY DATA SOURCES (E.G. GLOBAL DISTRIBUTION SYSTEMS), THEREFORE ALLMYLES LTD CANNOT GUARANTEE THE ACCURACY AND/OR VALIDITY OF ANY SUCH INFORMATION AND ASSUMES NO RESPONSIBILITY FOR THE UTILIZATION OF SUCH INFORMATION WHATSOEVER. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, ALLMYLES LTD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE API AND THE RESULTS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. FURTHER, ALLMYLES DISCLAIMS ANY WARRANTY THAT USER’S USE OF THE API WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL ALLMYLES LTD BE LIABLE TO USER OR TO ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF ALLMYLES LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. In any event, AllMyles’ aggregated liability towards any User shall be limited to the actual amount received from such User during the twelve (12) months period preceding the event causing the damage.
User agrees that AllMyles Ltd shall have no liability whatsoever for any use User makes of the API or any Results. User shall indemnify and hold harmless AllMyles Ltd, its affiliates, partners, owners and officers from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from User’s use of the API or any Results.
Under no circumstances shall AllMyles Ltd be liable for the content of your website where the API may appear, neither shall AllMyles Ltd be liable for any of your activities pursued on or through of your website or other online platform (including the provision of booking services with the utilization of the API). You shall indemnify and hold harmless AllMyles Ltd, its affiliates, partners, owners and officers from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising out of or in connection with the use of your website and/or your services by third parties.
AllMyles Ltd.’s support obligations shall be limited to ensuring that the API is generally accessible by User in the manner intended by AllMyles Ltd. Any support provided by AllMyles Ltd shall be subject to the terms of this Agreement and of the selected subscription package.
This Agreement shall continue for an indefinite period until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason, including, but not limited to, if User violates any provision of this Agreement. AllMyles Ltd shall be entitled to modify the content of the API and the Services and to temporally or permanently terminate the API and/or the Services. You agree that AllMyles Ltd shall not be liable for any damages or losses incurred by you or any other third party arisen in connection with the modification, limitation or termination of the API and/or the Services for any reason. Nevertheless, in case AllMyles Ltd suspends or terminates the availability of the API and/or the Services without any justifiable reason (e.g. your breach of the Agreement, force majeure), you may request AllMyles to reimburse User for the relative part of your service fee in respect of your subscription period during which the API and/or other Services could not be used.
The relevant provisions of sections 6, 7, 8, 9, 11 and 12 and all accrued rights to payment shall survive termination for any reason.
The Agreement will be construed, and their performance enforced, under the laws of Hungary, as a part of the European Union. Any dispute relating to the Agreement or the Website may be litigated only in a court having jurisdiction and venue in Hungary. This Agreement, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of Hungary and those of the European Union. The competent Hungarian regular courts shall have exclusive jurisdiction for any disputes arising out of or in connection with this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Agreement.
The failure of AllMyles Ltd to act with respect to a breach of this Agreement by User or others does not constitute a waiver and shall not limit AllMyles Ltd.’s rights with respect to such breach or any subsequent breaches.
This Agreement is personal to User and may not be assigned or transferred for any reason whatsoever without AllMyles’ express prior written consent. AllMyles Ltd expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.
If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may download the Agreement from the Website.
Any rights not expressly granted herein are reserved.
Compulsory information related to Allmyles Ltd:Name: Allmyles Kft.
Tax number: 24273279-2-42.E-mail: [email protected]
Last updated: 01. 10. 2016AllMyles Ltd.