DG Digital
Terms of Use
Last updated: 23 Jan 2025 - version 5
The following terms of use (the “Terms of Use”) set forth the terms and conditions for using the DG Digital (“DG Digital”) which refers to IATA’s online Dangerous Goods Declaration (DGD) digitalization tool, either as a standalone tool or as a feature of DG AutoCheck. These Terms of Use are a valid and binding agreement entered into between you (the “User”) and the International Air Transport Association, an association created by a Special Act of the Parliament of Canada and having its head office at 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1 (“IATA”).
The “User” as used herein means you on behalf of the company you are employed by and which is duly authorized to access and use DG Digital under a valid subscription to access and use the subscription on your company’s behalf. These Terms of Use apply to all versions of DG Digital offered by IATA and any reference to “DG Digital” herein shall include all such versions.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR USING DG DIGITAL.
PLEASE CONFIRM YOUR ACCEPTANCE OF THESE TERMS OF USE BY CLICKING THE "ACCEPT" BUTTON LOCATED BELOW.
IF YOU DO NOT AGREE TO THE THESE TERMS OF USE, PLEASE REFRAIN FROM COMPLETING YOUR REGISTRATION AND/OR USING DG DIGITAL.
Definitions and Interpretation.
1.1 For purposes of this Agreement, and unless otherwise expressly provided herein, the following terms shall have the respective meanings set forth below:
“Agreement” means the contract between IATA and the Customer for the Pilot Test of the Product, incorporating these Terms and Conditions; the Order Form together with any schedules or annexes, and which shall come into existence on the Effective Date.
“Authorised Users” means those employees or contractors of the Customer only, who are authorised by the Customer in accordance with section 2, to access and use the Products.
“Customer” shall mean the named party in the Agreement which has agreed to Pilot Test the Product and whose details are set out in the Order Form.
“DGR” means IATA Dangerous Goods Regulations.
“Data Protection Legislation” means all laws and regulations relating to the Processing of Personal Data and privacy including the European Union’s General Data Protection Regulation, including all regulations made under them and any amendment or re-enactment of any of them, any other legislation relating to privacy (including the EU Directive on privacy and electronic communications, the European Union’s e-Privacy Regulation, and/or the Processing of Personal Data (as amended, supplemented or superseded from time to time).
“Effective Date” shall mean the date specified in the Order Form or Agreement.
“Fees” shall mean the fees set forth in the Order Form and as specified in section 4 of this Agreement.
“Force Majeure” means an event or circumstance that is reasonably outside a party’s control and prevents it from performing its obligations in the Agreement.
“IATA” International Air Transport Association, an association formed by Special Act of Parliament of Canada, with its principal office located at 800 Place Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1.
“Order Form” shall mean an order for the subscription or purchase of the Products placed by the Customer.
“Personal Data” refers to any information relating to an identified or identifiable individual, such as a name, an identification number, an online identifier, etc. made available by one party to the other party.
“Process or Processing” means any operation performed on the Personal Data such as collection, use, storage, disclosure, or any such similar or analogous activity considered as processing under the Data Protection Legislation.
Permitted Purpose means the Authorised Users accessing and using the Products in accordance with section 2.
“Product(s)” means the DG Digital solution in the context of the DG Digital Pilot as detailed in the Order Form and which entitles the Authorised Users to access and use the Products in accordance with these Terms and Conditions.
“Term” shall mean the Pilot Test Period stated in the Order Form.
1.2 In this Agreement general words introduced or followed by the word “other”, “including” or “in particular” shall not be given restrictive meaning because they are followed or preceded (as the case may be) by particular examples intended to fall within the meaning of the general words.
1.3 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
1.4 In the event of any inconsistency or conflict between any provision contained in an applicable Order Form and any provision contained in these Terms and Conditions, the provision in the Order Form shall take precedence followed by the Product Terms Appendix and then the Terms and Conditions.
1. Rights Granted.
2.1 IATA hereby grants to the Customer and the Customer agrees to accept on the terms and conditions set out in the Agreement a royalty-free, limited, conditional, revocable, non-exclusive and non-transferable right to permit the Authorised Users for the Term of this Agreement to access and use the Products strictly for the sole purpose of Customer’s Pilot Test of the Product (the “Permitted Purpose”). In relation to the Authorized Users, the Customer undertakes that it shall be responsible for compliance by the Authorized Users with these Terms and Conditions and that the restrictions on the Customer set out within these Terms and Conditions shall, unless the context requires otherwise, equally apply to any such persons.
2. Term. This Agreement shall commence on the Effective Date and shall (unless terminated earlier in accordance with these Terms and Conditions) continue in full force and effect until the end of the Pilot Period.
3. Fees
4.1 In consideration of the rights granted hereunder, Customer undertakes and agrees to pay IATA the Fees in the amount and currency set forth in the Order Form, when applicable. Unless otherwise stated in the Order Form or where Fees are required to be paid in advance, Fees are payable within 30 days of the date of the invoice.
4.2 All Fees stated are (a) non-cancellable and non-refundable (except as otherwise provided in these Terms and Conditions); and (b) are exclusive of value added tax.
4.3 Time of payment is of the essence. If the Customer does not pay the Fees no access to the Product shall be provided, and IATA shall have the right to suspend any access to any Product if the Fees are not paid when due.
4. Payment Without Set Off. Payments must be made without any set-off or counter claim and free of deduction or withholding (except as required by law) of any taxes or governmental charges, when applicable. If any deduction or withholding is required by law, Customer must pay the required amount to the relevant governmental authority, provide IATA with an official receipt or certified copy or other documentation acceptable to IATA evidencing the payment, and pay to IATA, in addition to the payment to which IATA is otherwise entitled under this Agreement, such additional amount as is necessary to ensure that the net amount actually received by IATA, free and clear of all taxes, equals the full amount IATA would have received had no such deduction or withholding been required.
5. Taxes. (a) Should any taxes including, but not limited to, any goods and services tax (provincial, state, federal or otherwise) or other value added tax, levies, fees, charges or duties be imposed, levied or become payable in respect of this Agreement, Customer will pay any and all such taxes, levies, fees, charges and duties, in addition to any other payment due to IATA under this Agreement. In the event IATA pays any such tax or assessment, Customer will immediately reimburse IATA upon demand.
(b) All payments by Customer pursuant to this agreement, when applicable, shall be free and clear of all withholdings or deductions of any nature whatsoever except to the extent otherwise required by law, and if any such withholding or deduction is so required, Customer shall pay by way of supplemental payment an additional amount, such that after the deduction of all amounts required to be withheld or deducted from the payment and the supplemental payment, the net amount actually received by IATA will equal the amount that IATA would have received if such withholding or deduction had not been required.
6. Intellectual Property.
The licensed Products shall remain the exclusive property of IATA or its licensors and all rights, titles and interests in and to the Products, including, without limitation, all intellectual property rights and any accompanying written or printed materials, are owned by IATA or its licensors. The Products are licensed, not sold, to the Customer as part of a single product pursuant to these Terms and Conditions and the Customer shall not acquire any rights to those intellectual property rights or to any intellectual property rights owned by IATA and/or their licensors, whether pre-existing or created during the Term of this Agreement. Customer agrees to treat the Products in the same manner as any other material protected by intellectual property laws and treaties. Customer agrees as a condition of this Agreement that it shall not, without the prior written consent of IATA, disclose the terms and conditions of this Agreement or refer to this Agreement, its content or IATA in any manner whatsoever including, without limitation, in any material sent by the Customer to any third party, entity or person.
7. Confidentiality.
8.1 Confidentiality Obligations. Each party will: (a) not share the other party’s Confidential Information with third parties unless the Agreement allows it to be shared; (b) protect the other party’s Confidential Information in accordance with good industry practice; (c) only use the other party’s Confidential Information for the purposes (as set out in this Agreement) for which it was disclosed; and (d) ensure that, where Confidential Information is shared, anyone that receives the information is bound by confidentiality obligations that are equivalent to those in this Agreement. Confidential Information shall mean information related to a party that is marked as confidential or would otherwise be regarded as confidential by a reasonable business person. This includes information about the party’s customers, suppliers, pricing, market opportunities, operations, products, technology, plans, know-how, designs or trade secrets.
8.2 Sharing with Permitted Representatives. Each party may share Confidential Information with its internal personnel or professional advisers who need to know the information to exercise that party’s rights or perform its obligations in the Agreement.
8.3 Confidentiality Exceptions. The confidentiality obligations in this section do not apply to Confidential Information that: (a) was already known to the recipient before it was disclosed by (or with the permission of) the other party; or (b) becomes available to the recipient on a non-confidential basis via another third party; or (c) comes into the public domain in a way that does not breach any confidentiality obligations.
8.4 Disposing of Confidential Information. If requested by the other party, each party must promptly return, delete or destroy any Confidential Information it holds and confirm in writing that it has done so. This includes Confidential Information held by its permitted representatives, but does not include information covered by section 8.5.
8.5 Keeping Confidential Information. Each party may keep Confidential Information that is: (a) securely stored in archives or computer back-up systems; (b) required in order to comply with a legal requirement; or (c) required as part of appropriate corporate governance record-keeping. Any Confidential Information that is retained for any reason will remain subject to the confidentiality obligations in this Agreement.
8.6 Duration of Confidentiality Obligations. The confidentiality obligations in this section will remain in force for the Term and for 5 years following the termination or expiration of this Agreement.
8. Restrictions. Except for the in accordance with these Terms and Conditions, Customer shall not, and shall not allow its Authorised Users, under any circumstances to:
a. use, copy, modify, adapt, correct errors, or create derivative works from the Products;
b. decode, reverse engineer, de-compile or disassemble the Products or otherwise translate, make alterations to the Products;
c. sub-license any rights granted hereunder to any third party, entity or person without having received the prior written consent of IATA, which consent shall be at IATA’s sole discretion;
d. publish, sell, transfer, redistribute, let or hire or otherwise provide or disclose the Products or any information or data contained in the Products or any part thereof, or any derivative product, directly or indirectly, to any third party, entity or person not an Authorised User;
e. use in any manner the Products and any information or data contained in the Products or any part thereof during the Term of this Agreement, except for the Permitted Purpose only;
f. directly or indirectly export or transmit the Products or related materials (or any part thereof) to any country to which such export or transmission is restricted by any applicable regulation or statute, without the prior written consent of the competent governmental authority and of IATA;
g. enter into any contract on behalf of IATA or assume or create any obligation whatsoever, expressed or implied, in the name of IATA or otherwise bind IATA in any manner whatsoever;
h. provide the Product to, or incorporate the Products in products or services provided by Customer to any third party;
i. use any Confidential Information of IATA or any IATA information in conjunction with any generative artificial intelligence chatbot, platform, system, solution or tool or any such similar or subsequent technology (AI Tool), including uploading, scanning onto or transferring in any manner onto any such AI Tool, manually or by means of electronic transfer; or use the AI Tool for any interrogation, assessment or analysis of whatsoever nature, kind or purpose; or to obtain, create or produce any form of modified or derivative version of IATA’s Confidential Information or other IATA information; and
j. without limiting the generality of the foregoing subsections, allow any third party, entity or person to have access to or use of the Products, directly or indirectly, without the prior written consent of IATA, which consent shall be at IATA’s sole discretion.
9. Data Processing.
10.1 Both parties will comply with all applicable requirements of the Data Protection Legislation. This section 10 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
10.2 The parties acknowledge that: (i) if IATA is processing any Personal Data on the Customer’s behalf under this Agreement, the Customer is the controller and IATA is the processor and (ii) if the Customer is processing any Personal Data on IATA’s behalf under this Agreement, IATA is the controller and the Customer is the processor, for the purposes of the Data Protection Legislation.
10.3 The Products comprise of anonymised aggregated data for the purposes of the Data Protection Legislation. In the event that any Personal Data is identifiable in the Products, the Customer will notify IATA without undue delay and in any event within 48 hours on becoming aware of the same. Notwithstanding the preceding sentence, Customer shall at the written request of IATA carry out such steps as reasonably advised by IATA in respect of the Personal Data, including but not limited to restricting access to named Authorised Users on a strict need to know basis.
10.4 Each party shall: (a) refrain from requesting Personal Data beyond what is necessary to fulfil the purpose(s) for which it is requested, which purpose(s) for requesting Personal Data shall be specified and legitimate and in accordance with the scope of the Agreement; and (b) agree in advance as to the categories of Personal Data which are required to be made available pursuant to this Agreement and monitor they are complete, accurate and relevant having regard to the purpose for which they are Processed.
10.5 Without prejudice to the generality of this section, each party (a Data controller) shall in relation to any Personal Data Processed hereunder: (a) implement appropriate technological and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures; (b) process that Personal Data only on the documented written instructions of the party that has provided the Personal Data; (c) not transfer, or otherwise permit access to, any Personal Data outside of the jurisdiction in which the party is registered; (d) refrain from disclosing Personal Data to any third parties; (e) assist the Data controller, at the Data controller’s cost, and within the timescales reasonably specified by the Data controller or in line with the expectations set under the Data Protection Legislation, in responding to any request from a Data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or Regulators; (f) promptly return to the other or delete all Personal Data owned by the other party which is no longer necessary to fulfil the purpose(s) for which it was made available, unless otherwise instructed by the other party, the relevant individual or unless required by law.
10. Inspection. Where the Customer has subscribed to or purchased a Product, IATA may upon reasonable advance written notice of no less than 10 business days to the Customer and during business hours inspect the premises, systems and records of Customer to ensure the Products are accessed and used in accordance with the terms of this Agreement. Such inspection shall be at IATA’s sole cost and expense, save and except if such inspection demonstrates that the Customer is in breach of its obligations under this Agreement, in which case the reasonable costs of inspection shall be at Customer’s sole cost and expense.
11. Warranty.
12.1 IATA has used commercially reasonable efforts in collecting, preparing and maintaining material for inclusion in the Products. However, IATA does not represent or warrant that the information contained in the Products is complete or free from errors, and does not assume, and expressly disclaims, any liability to any person(s) including, without limitation, Customer for any loss or damage caused by errors or omissions in the Products, or delay in the provision of the Products, whether such errors, omissions or delays result from negligence, accident or any other cause (excluding IATA’s gross negligence or wilful misconduct). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IATA DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, CONDITION, PERFORMANCE AND ANY WARRANTY AGAINST INFRINGEMENT.
12. Limitation of Liability.
13.1 Notwithstanding any other provision of this Agreement, in the event of any defect, omission or error in the Products or other breach of this Agreement by IATA or other claim brought by Customer (whether in negligence or otherwise), IATA’s entire aggregate liability (for any one or all claims) shall not exceed the Fees paid by Customer for the Pilot. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IATA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY OTHER PECUNIARY LOSS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF IATA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification.
14.1 Customer hereby agrees to indemnify and hold harmless IATA and its officers, employees, agents and servants from and against any and all claims, demands, actions, causes of action, judgments, costs, attorneys’ fees, expenses and liability of any kind or nature which they may incur, suffer or be required to pay which may result, directly or indirectly, from any use (including without limitation reliance) by Customer or its Authorised Users of the Products and/or from any breach by the Customer or its Authorised Users of any of the provisions of this Agreement, unless such damages are due to IATA’s gross negligence or wilful misconduct.
14. Termination by IATA for Breach. Notwithstanding any provision of this Agreement and without prejudice to any other rights, IATA may immediately terminate this Agreement upon written notice to Customer if Customer breaches and such breach is capable of being remedied is not so remedied within 5 business days of notification or otherwise fails to comply with any terms and conditions of this Agreement.
15.(A) Termination by IATA for convenience. IATA may, upon 30 days’ written notice terminate this Agreement without cause. In any event, termination of this Agreement by IATA under this section 15(A), Customer shall be entitled to a pro rata refund of any prepaid Fees already paid but for which the Products have not be available after the effective date of termination.
15.(B) Termination for cause by either party. This Agreement may also be terminated immediately by written notice given to the other party, in the following cases:
(i) if the other party makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy or petitions for reorganization or arrangement under bankruptcy laws; or
(ii) if a petition in bankruptcy is filed against the other party, or if a receiver or trustee is appointed for all or any part of the property and assets of the other party; or
(iii) the other party suspends or ceases, or threatens to suspend or cease, or appears reasonably certain of imminently suspending or ceasing, the carrying on of all or a substantial part of its business.
15. Consequence of Termination. Upon the expiry or termination of this Agreement for any reason, where the Customer is granted access to a Pilot Test account of the Product, then Customer shall destroy all copies of the Products and all of its component parts and shall refrain from making any further use whatsoever of the Products. This requirement applies to all copies of the Products in whatever form, partial or complete, and whether or not modified or merged into other materials and whether or not merged with the data of Customer. Notwithstanding the foregoing, upon request of Customer, IATA will allow Customer to continue using the Products hereunder as stored internally in accordance with the provisions of this Agreement, for a maximum period of 18 months following the effective date of termination of this Agreement. For this purpose, this section 16 and the entire Agreement shall survive the termination of this Agreement until the expiry of this 18 month-period.
16. Applicable Laws, Dispute. This Agreement shall be construed in accordance with and governed by the laws of England notwithstanding any conflict of law provisions.
17. Assignment. The Customer shall not assign or transfer or permit the assignment or transfer of this Agreement without the prior written consent of IATA.
18. Amendments. IATA reserves the right to amend these Terms and Conditions unilaterally in its absolute discretion, and Customer acknowledges IATA’s right to do so. Such amendments shall become effective 30 days after they are promulgated. If Customer objects to any material amendment, the Customer may terminate the Agreement by giving 30 days’ notice thereof to IATA.
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions of the parties, whether oral or written. If any part of this Agreement shall be held unenforceable or invalid, such part shall be severed from this Agreement and such invalidity or unenforceability shall not in any way whatsoever affect the remaining parts of this Agreement, which shall continue in full force.
20. Waiver. The failure by IATA at any time to require performance by Customer of any of its obligations shall not affect IATA’s rights to require such performance at any time thereafter. A waiver by IATA of a breach or specific delay shall not be taken or held to be a waiver of any subsequent breach or delay.
21. Headings. The headings or captions of the articles, sections or subsections of this Agreement are for convenience and reference only.
22. Survival. Any terms and conditions which by their nature extend beyond the term or expiry of this Agreement shall survive this includes, without limitation, the following section 4 (Fees), 7 (Intellectual Property), 8 (Confidentiality); 9 (Restrictions), 11 (Inspection), 12 (Warranty), 13 (Limitation of Liability) and 14 (Indemnification).
23. Notices. All formal notices must be sent in writing to the addresses in the Order Form. Formal notices for IATA must be copied to legalnotice@iata.org.
24. Force Majeure. IATA shall not be liable for delay or failure in its performance hereunder to the extent that such delay or failure is cause by Force Majeure, including without restriction, acts of God, natural disasters, fire, earthquakes, floods, explosions, pandemic, terrorism, armed conflicts and wars not yet officially declared, civil unrest, strikes or industrial disputes, vandalism, pillage, port congestion, theft, adverse weather conditions, rejections or delays in obtaining export or import licenses, embargoes, acts or any regulations of any governmental authority, communication line failure or failure and significant and disruptive fluctuation of power supply and any similar events affecting third party suppliers.
DG DIGITAL PILOT TEST TERMS APPENDIX
These DG Digital Pilot Test specific Terms and Conditions apply to the Product DG Digital provided by IATA to the Customer for Pilot Test purposes under the Agreement. They are in addition to the Terms and Conditions and form an integral part of the Agreement.
1. Definitions:
1.1
“Dangerous Goods Declaration (DGD)”: means a form, including a printed form or an electronic form (“e-DGD”), certifying that cargo containing dangerous goods has been packed, labelled, marked and declared in accordance with the IATA Dangerous Goods Regulations;
“DG Digital” or “Portal”: refers to IATA’s online Dangerous Goods Declaration (DGD) digitalization tool, either as a standalone tool or as a feature of DG AutoCheck, which are intended to be used by air cargo industry stakeholders to (i) capture DGD data, (ii) submit/share the DGD electronic data (e-DGD) digitally with their business partners and (iii) receive the e-DGD from their business partners.
“Dangerous Goods AutoCheck (“DG AutoCheck”)”: refers to IATA’s online subscription-based software tool made available to the air cargo industry for dangerous goods acceptance check validation, and includes both the web application and the mobile application, as well as any and all documentation included therein;
“e-Signature”: means the electronic signature created on the e-DGD by the Customer or by any other stakeholder with whom the Customer shares the e-DGD. The only authorized e-Signature is the one provided and integrated in the e-DGD. The Customer is responsible, at the exclusion of IATA’s responsibility and liability, to make sure that the e-Signature is the appropriate signature means before using and transmitting any electronic and/or printed e-DGD to any other stakeholders.
“Feedback Form”: The form provided by IATA to the Customer describing the tasks to be performed during the Pilot and to capture the feedback of the testing done during the Pilot.
“Pilot”: means the testing of the Product by the Customer for internal evaluation purposes only at the exclusion of any commercial usage of the Product.
“Pilot Account”: refers to the provision of access to the Customer for a limited time basis for the evaluation of the Product identified in the Order Form.
“Pilot Period”: means the period of the Pilot Test as specified in the Order Form.
“Third Party”: means any entity with whom the e-DGD data is shared and/or exchanged.
2. Rights Granted
2.2 For the purpose of the Pilot, IATA hereby grants the Customer the right to capture, submit and digitally share the e-DGD data with its business partners.
3. Term (No Addition)
4. Fees (No Addition)
5. Payment Without Set Off (No Addition)
6. Taxes (No Addition)
7. Intellectual Property (No Addition)
8. Confidentiality (No Addition)
9. Restrictions (No Addition)
10. Data Processing
10.6 By acceptance of these Terms and Conditions, the Customer authorizes IATA to share any and all data (DG Digital records) created using the Product with DG AutoCheck customers, and any Third Parties, for the purpose of performing DG Acceptance Checks and/or related activities.
11. Inspection (No Addition)
12. Warranty
12.2 IATA’s role under these Terms and Conditions is limited to providing access and facilitating communication between the Customer and DG Digital Users, and DG AutoCheck Users as well as other Third Parties via the Portal, and all information exchanged will be made on an “as is” basis between the Customer and DG Digital Users, DG AutoCheck Users and other Third Parties.
12.3 IATA shall not be responsible if, due to any reason, the e-DGD record shared through the Portal is not properly received by the DG AutoCheck user(s), the DG Digital Users and / or any other Third Parties.
12.4 Whilst IATA shall not be responsible for the timely emission or receipt of status updates and any other e-DGD related data from DG Digital users and/or DG AutoCheck users and/or any other Third Party using the Portal, IATA shall receive and display such information in the Portal, as received.
12.5 IATA shall not be responsible for the use of digitalized/scanned wet-ink signature or e-Signature by the Customer or a third-party for signing the e-DGD and/or paper DGD. The Customer shall be responsible for the verification of recognition and acceptance of digitalized/scanned wet-ink signature or e-Signature by any local laws and regulations, IATA Dangerous Goods Regulation, and any applicable conventions and laws.
12.6 IATA shall make every reasonable effort to have the Portal available at all times, however if the Portal is not accessible due to technical or any other reason, Customer shall contact their business partners to agree on fall-back procedures (for example, using paper DGD), until such time that the Portal is available again.
12.7 IATA does not warrant that the operation of the Portal will be uninterrupted, and/or error-free, as it may, at any time, be terminated. Nonetheless, IATA will use reasonable efforts to swiftly resolve any error or interruption in the Portal service.
12.8 WHILE IATA HAS USED REASONABLE COMMERCIAL EFFORTS IN CREATING, MAINTAINING AND UPDATING THE PRODUCT, THE PRODUCT IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS, AND IATA DOES NOT WARRANT, GUARANTEE OR REPRESENT THAT THE PRODUCT OR THE INFORMATION CONTAINED THEREIN IS COMPLETE OR FREE FROM ERRORS, OR THAT THE OPERATION OF THE PRODUCT SHALL BE UNINTERRUPTED OR ERROR-FREE OR THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IATA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, USABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION, QUALITY, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IATA DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT THE CUSTOMER THROUGH ITS AUTHORIZED USER’S AND/OR ITS GROUNDS SERVICES PROVIDERS’ USE OF THE PRODUCT WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, RULES, LAWS OR REGULATIONS, INCLUDING WITHOUT LIMITATION ANY LEGAL OBLIGATIONS, RULES, LAWS OR REGULATIONS RELATING TO THE SHIPMENT/CONSIGNMENT OF DANGEROUS GOODS. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THESE TERMS AND CONDITIONS.
13. Limitation of Liability
13.2 Subject to the Indemnification Section, IATA will not be liable for lost revenues or profits, downtime costs, or indirect, special or consequential costs or damages. This provision does not limit IATA’s liability for: death or bodily injury caused by their negligence; acts of fraud; wilful misconduct; nor any liability which may not be excluded or limited by applicable law. IATA will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
13.3 THE PRODUCT IS NOT INTENDED/DESIGNED TO PERFORM DANGEROUS GOODS COMPLIANCE CHECKS. THEREFORE, IATA SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF THE RECORDS PRODUCED OR RECEIVED BY USING THE PRODUCT.
13.4 The Product is provided only to assist in capturing, submitting, sharing and receiving of e-DGD data with/from other stakeholders for dangerous goods shipments/consignments. The Customer shall in all circumstances remain solely and entirely responsible and liable for accuracy of the above-mentioned data and for compliance with, and for any violations of, any legal obligations, rules, laws and/or regulations relating to the shipment/consignment of dangerous goods.
If, after the e-DGD has been electronically submitted or received by the Customer, the e-DGD is printed out and signed manually, and physically delivered to the recipient, then:
13.4.1 when printed out, the Customer shall verify that the printed e-DGD is accurate and compliant with the IATA Dangerous Goods Regulations,
13.4.2 if a change is made manually or otherwise to the printed e-DGD, the recipient may receive two different information coming from (1) the electronically submitted e-DGD and (2) the printed e-DGD. The Customer is responsible, at the exclusion of IATA’s responsibility and liability, to ensure that any changes made to the printed e-DGD is reflected accordingly and in a timely manner in the electronically submitted e-DGD.
13.5 IATA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE PRODUCT, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INFORMATION CONTAINED OR THE COMMUNICATIONS EXCHANGED THROUGH THE PORTAL, ITS USE OR RELIANCE AND ANY DAMAGES RESULTING FROM A CARGO SHIPMENT WHICH, DUE TO DELAY OR ANY OTHER INCIDENT DURING SHIPMENT, IS NO LONGER FIT FOR ITS ORIGINAL USE.
14. Indemnification
14.2 The Customer agrees to indemnify and hold harmless IATA and its officers, employees, agents and servants from and against any and all claims, demands, actions, causes of action, judgments, costs, attorneys’ fees, expenses and liability of any kind or nature which they may incur, suffer, which may result directly from the Product, out of IATA’s fault or Product malfunction, unless such damages arise out of IATA’s gross negligence or wilful misconduct.
15. Termination By IATA For Breach (No Addition)
15. A. Termination By IATA For Convenience (No Addition)
15. A. (2). Termination by Customer for Convenience
Customer may, upon a 30 days’ written notice terminate this Agreement without cause.
15. B Termination For Cause By Either Party (No Addition)
15. C. Termination and Denial of Access
IATA may, in its complete discretion, and without any notice, terminate the license granted hereunder, and cancel, limit and/or suspend the Customer’s access to, and/or use of, the Product for any reason, including without limitation: (i) any breach or other failure by the Customer to comply with any terms, conditions or restrictions of these Terms and Conditions; (ii) termination (for any reason) or expiration of the Customer’s account to the Product; or (iii) suspension or discontinuation of the Product by IATA (for any reason).
The Customer shall immediately cease all access and use of the Product account upon termination or expiration of the Pilot.
16. Consequence of Termination (No Addition)
17. Applicable Law, Dispute (No Addition)
18. Assignment (No Addition)
19. Amendments (No Addition)
20. Entire Agreement (No Addition)
21. Waiver (No Addition)
22. Heading (No Addition)
23. Survival (No Addition)
24. Notices (No Addition)
25. Force Majeure (No Addition)
26. Miscellaneous
26.1 Use of the Product by the Customer
26.1.1 The Customer, through its Authorized Users, agrees to only use the Product to capture, submit, share and/or receive the e-DGD data related to dangerous goods shipments/consignments digitally with/from their business partners.
26.1.2 The Customer acknowledges and accepts that it is responsible for the correctness and completeness of the particulars and statements relating to dangerous goods shipments which the Customers, through its Authorized Users, receives from their business partners or enters in the Product for sharing with their business partners. The Customer shall indemnify IATA against all damage suffered by it, or by any other person to whom IATA is liable, by reason of any irregularity, incorrectness or incompleteness of the particulars and statements set forth in the e-DGD records submitted or received by the Customer on its own behalf or on a third party’s behalf.
26.1.3 For any issue, question, or claim arising from a dangerous goods shipment processed using the Product, the Customer shall contact and seek recourse directly from their applicable business partner(s).
26.2 Third Party Consent
The Customer may need to get consent from its business partner(s) for using e-DGD to replace the paper DGD, in accordance with the IATA Dangerous Goods Regulations (DGR) and/or any other applicable laws/regulations. Customer shall be solely responsible to verify the need for such consent, and to obtain such consent when needed/applicable.
26.3 Compliance with Applicable Laws
The Product is not intended or designed to perform dangerous goods compliance checks.
The Customer is responsible to make sure the use of the Product on any route is compliant with any applicable laws and regulations, including but not limited to any local laws and regulations. For clarity, all final decisions with respect to acceptance/rejection of shipments/consignments containing dangerous goods shall be made solely and exclusively by the personnel of the airline and/or ground service provider of the airline performing the final acceptance check and such personnel are expected to have completed accredited dangerous goods acceptance training, as required by applicable legal obligations, rules, laws and/or regulations. All such final decisions shall be the sole and exclusive responsibility of the Customer. The Customer shall in all circumstances remain solely and entirely responsible and liable for compliance with, and for any violations of, any legal obligations, rules, laws and/or regulations relating to the shipment/consignment of dangerous goods.
26.4 Scanning of the Paper Shipper’s Declaration and Verification of the Data (or import of the DGDs into DG Digital and Converting to e-DGD).
The Product will assist with making Customer’s dangerous goods operations paperless. When a scanned DGD is uploaded into the Product and converted to e-DGD, the following needs to be considered:
26.4.1 To be loaded as data in the Product, the paper shipper’s declaration needs to be scanned and read by the Product’s OCR (Optical Character Recognition) feature. This operation may not be 100% reliable (i.e. some characters might be mistaken for others, some characters might not be read, some rows might be missed, some additional characters might be added, etc.). The Customer must ensure that data in the Product match exactly the data on the paper DGD before converting it to e-DGD. The output of the OCR must be verified and corrected in the Product by the Customer through its Authorized Users to ensure the data exactly match the information on the paper DGD. This verification step is required when using a paper DGD which is scanned and uploaded to the Product. However, this verification step included in the Product is not required when creating an e-DGD from scratch without scanning and uploading a paper DGD.
26.4.2 When using paper DGDs that will be scanned and uploaded to the Product, it must be in accordance with the sample forms provided in the IATA Dangerous Goods Regulations. When using the OCR feature of the Product to convert a scanned DGD to upload it into the Product, IATA can only support forms that follow the recommended formats adopted for use with the Product. Please refer to this document for guidelines on DGDs not supported by the Product: https://www.iata.org/globalassets/iata/publications/dg-autocheck/iata-dg-autocheck-unsupported-dgd.pdf
26.5 Customer IT Requirements, Hardware and Software to Operate the Product.
The Product is a web-based solution, so no software installation is required on your desktop computer. To access the Product, an Internet enabled computer is required with a recent browser installed (High-speed internet with Google Chrome web browser is recommended). It is also strongly recommended that your screen is large enough to use the Product in the best conditions. Full HD is suitable. If you are using paper DGDs, you will need a scanner to convert the paper DGDs into a file (PDF or image) that will be loaded in the Product. The scanner must produce files of minimum 400dpi scan quality to ensure that the system can read the file and capture the data, and the original paper DGD must be used for the scan. Only DGDs in perfect condition, in compliant format/layout as prescribed by the DGR, and properly scanned are supported. Handwriting is not supported, and handwritten notes will not be read by the system.
26.6 Virus Protection.
The Customer is solely responsible for protecting its computer equipment, mobile devices, software, electrical equipment and any other equipment against viruses, and to ensure that same are free from any viruses. IATA shall undertake no liability (including without limitation, for direct and indirect damages) for viruses that may affect the Customer’s systems and viruses resulting from access to, and/or use of, the Product.
26.7 Cookies.
Cookies and other technologies are used in compliance with applicable laws to control the Customer’s access to the Product and are required for use thereof. The Customer may configure their web browser to provide a warning when a cookie is received or to block cookies, and it is also possible to delete cookies at any time. However, by not accepting or blocking cookies, the Product will not function.
26.8 Access Credentials.
The Customer through its Authorized Users may only use access credentials issued specifically to such Authorized Users by IATA, and shall not use any access credentials issued to any other third party. The Customer through its Authorized Users agrees not to access the Product by any other means than through the access credentials issued thereto. The Customer through its Authorized Users shall not attempt any unauthorized access to the Product by deriving other access credentials or by any other means. The Customer through its Authorized Users is responsible for maintaining the confidentiality of the access credentials assigned thereto and shall be entirely liable for any activity that occurs using such access credentials. If the Authorized Users’ access credentials are lost, stolen or otherwise compromised, including by any unauthorized use thereof, the Customer must immediately notify IATA by e-mail at dgautocheck@iata.org so that IATA may take appropriate action. If the Authorized User is issued administrator access credentials by IATA, the Authorized User shall have the right to issue further access credentials to other Authorized Users working for the same company as the Authorized User for use of the Product in accordance with these Terms and Conditions and any other terms that may be imposed by IATA.
26.9 Terms and Conditions Amendments.
IATA reserves the rights to change any of the present Terms and Conditions at any time by notifying the Customer through the Portal. By accepting the Terms and Conditions amendments and by continuing using the Product, it shall be deemed that the Customer agrees to be bound by the amended Terms and Conditions.