CWT Technology Platform
Corporate Terms and Conditions (PCTC)
The Platform Corporate Terms & Conditions are available in English and the following language(s). Please note that some of these pages are currently being translated.
Last updated 5 February 2024
In the travel services agreement between CWT and Client (the “Agreement”) CWT agreed to grant Client access to certain CWT technology products and services as may be agreed by the parties pursuant to the Agreement (“CWT Technology”) on the terms of these Platform Corporate Terms and Conditions (“PCTC”).
Client hereby represents and warrants that it and its Users (as defined below) shall at all times comply with PCTC and that its Users shall comply with any other user terms or terms of use applicable to CWT Technology. Client agrees that it is responsible for use of CWT Technology by its Users.
Capitalized terms from the Agreement which are used in PCTC shall bear the meaning assigned.
If any provision of the Agreement, other than PCTC conflicts with a provision of PCTC, the relevant provision of PCTC shall prevail in respect of CWT Technology.
CWT reserves the right to update PCTC from time to time by posting revised versions to the designated URL.
General Platform T&C
Module: GPTC
The terms in this module apply generally to all CWT Technology.
1. License Grant: Client is granted a limited, non-transferable, non-sublicensable, revocable and non-exclusive right to have travelers and other authorized users (collectively “Users”) access and use CWT Technology and related documentation consistent with the scope, terms and conditions of the Agreement, including PCTC, during the term of the Agreement.
2. License Warranty and IPR: CWT warrants that it has the right, title or interest to grant to Client the rights in CWT Technology detailed in PCTC. Notwithstanding any license rights granted by PCTC, title and all proprietary rights in CWT Technology and CWT Background IPR (as defined in the Agreement) will at all times remain, the exclusive property of CWT and/or Third Party Providers. The services provided by myCWT are covered by one or more of the following U.S. Patents; (a) 11,709,903, (b) D767,581 (c) 9,590,928, (d) 8,959,585, (e) 9,639,508. (f) 9,563,610. (g) 8,555,338, (h) 9,607,290 (i) 10,977,326 and (j) 10,162,901.
3. License Restrictions: Client will use CWT Technology only for the purposes and functions expressly permitted by the Agreement, solely for internal business purposes and pursuant to reasonable instructions from CWT. Client shall prevent use for any other purposes and functions and prevent unauthorized access, use or misuse of CWT Technology.
3.1 Client shall not and shall not permit any third party to directly or indirectly: (a) sell, distribute, sublicense, broadcast, or commercially exploit CWT Technology (b) knowingly introduce any infringing, obscene, libelous, or otherwise unlawful data or material into CWT Technology; (c) copy, modify, or prepare derivative works based on CWT Technology; (d) reverse engineer, decompile, disassemble, or attempt to derive source code from CWT Technology; or (e) remove, obscure, or alter any intellectual property right or confidentiality notices or legends appearing in or on any aspect of CWT Technology.
3.2 Client shall provide CWT Technology access to Users only by the access methods approved by CWT and shall not provide CWT Technology access to anyone other than a User. Client shall ensure that each User will: (a) be responsible for the security and/or use of his or her logon identifier; (b) not disclose such logon identifier to or allow use by any other person or entity.
3.3 Client must promptly inform CWT of (a) any loss or misuse of a User login and password, (b) any individual who was previously a User no longer being authorized to use CWT Technology and (c) any unauthorized use of CWT Technology.
4. Warranty: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE AGREEMENT NEITHER CWT NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CWT TECHNOLOGY, WHICH IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, AND EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ANY AND ALL IMPLIED REPRESENTATIONS OR WARRANTIES, REGARDING CWT TECHNOLOGY INCLUDING THAT THE OPERATION OF CWT TECHNOLOGY WILL BE UNINTERRUPTED OR FAULT FREE OR THAT FAULTS WILL BE CORRECTED.
4.1 CLIENT AGREES THAT: (A) CWT AND THIRD PARTY PROVIDERS ARE NOT AND CANNOT BE AWARE OF THE EXTENT OF ANY POTENTIAL LOSS RESULTING FROM ANY FAILURE BY CLIENT TO DISCHARGE ITS OBLIGATIONS UNDER THIS AGREEMENT; (B) CWT TECHNOLOGY HAS NOT BEEN DESIGNED TO MEET CLIENT’S INDIVIDUAL REQUIREMENTS AND CANNOT BE TESTED IN EVERY OPERATING ENVIRONMENT; (C) IT IS CLIENT’S RESPONSIBILITY TO ENSURE THE FACILITIES AND FUNCTIONS OF CWT TECHNOLOGY MEET CLIENT REQUIREMENTS AND WILL NOT CAUSE ANY ERROR OR INTERRUPTION IN THE CLIENT’S OWN SOFTWARE OR SYSTEMS;
5. Suspension: In addition to all other remedies and rights under the Agreement, CWT reserves the right to immediately suspend access to CWT Technology in the event of (i) evidence of activities by Client or User contrary to a Travel Supplier’s relevant terms and conditions of sale or the Agreement, including without limitation, speculative, false, or fraudulent reservations or any reservation in anticipation of demand, or (ii) unauthorized use of CWT Technology, or (iii) any breach of the Agreement and/or applicable terms of use. CWT will notify Client or the affected Users as soon as possible after suspending access to CWT Technology. If the conditions giving rise to such suspension of CWT Technology are not remedied within fifteen (15) days of notice, CWT may immediately terminate access to CWT Technology.
6. Third Party Websites: Through links available on CWT Technology, Client may access third party websites over which CWT has no control or ownership rights. CWT shall not be held liable for the content, availability, access, accuracy, timeliness or any other aspect of the information contained in any third party website. The inclusion in CWT Technology of information related to or contained in any third party website does not constitute an endorsement by CWT of such information.
7. Compliance: CWT reserves the right to monitor general usage of CWT Technology by Client and its Users through audits or other suitable means for purposes which may include checking compliance with Agreement terms, and affirming CWT Technology performance experienced by Client and its Users meets expected parameters. Any audit may be carried out by CWT or a third party authorized by CWT.
8. Maintenance: CWT Technology will be made available in accordance with any agreed service levels and may be accessed and used except during: (a) scheduled maintenance by CWT; or (b) emergency maintenance; or (c) any downtime caused by a Third Party Provider. CWT will use reasonable endeavors to notify Client of unavailability of CWT Technology.
9. Third Party Component: Third parties whose information, materials, technology, code, solution, software, equipment, devices and/or services (“Third Party Components”) are included or used in CWT Technology (“Third Party Providers”) may impose additional restrictions or prohibitions on certain types of usage of Third Party Components and may exclude warranties or other liabilities in applicable terms of use. Client accepts that Third Party Components are utilized by CWT and CWT’s limited recourse to Third Party Providers.
9.1 Third Party Providers may have the right to require that CWT restrict, suspend or terminate Client’s access to their Third Party Component. If CWT takes any such action, it will (a) use reasonable efforts to provide Client with notice and (b) not be liable for any resulting damages Client may suffer.
10. Modification: Client acknowledges that CWT and Third Party Providers shall be entitled to modify the features and functionality of any part of CWT Technology as part of ongoing development. CWT shall use reasonable endeavors to ensure that any such modification does not adversely affect Client’s use of CWT Technology.
11. Feedback: Client agrees that if it provides improvement suggestions and/or other feedback on Client or User experiences with CWT Technology: (a) feedback is not confidential or proprietary information; (b) CWT and its Affiliates may use the feedback in any manner and for any purpose; and (c) CWT may have development ideas similar to the feedback.
PRODUCT / SERVICE SPECIFIC T&C
MODULE: MS Messaging
The terms in this module apply only to messaging services:
1. Messaging Service: CWT’s text-based messaging capability provides interaction between a user and a chatbot utilising native language with technology powered by rules and artificial intelligence designed to emulate normal human responses (“Chatbot”) with input, oversight and/or escalation to a CWT Travel Counselor, the Chatbot and Travel Counselor messaging capabilities together (“Messaging Service”).
2. myCWT Messaging Platform: The Messaging Service is principally made available by CWT on a discrete and dedicated messaging channel designed to deliver access to and functionality of the Messaging Service which is embedded within and forms part of the CWT Platform (“myCWT Messaging Platform”). Where the myCWT Messaging Platform is utilized the myCWT Messaging Platform forms part of CWT Technology and is subject to PCTC.
3. Third Party Messaging Platform: CWT may agree to make the Messaging Service available on a compatible third party messaging channel to which User or Client arranges access on behalf of Users (“Third Party Messaging Platform”) however CWT has no responsibility for any Third Party Messaging Platform. Third Party Messaging Platforms do not form part of CWT Technology, nor is their operation subject to or governed by the PCTC.
4. Third Party Messaging Platform Terms: To access the Messaging Service through a Third Party Messaging Platform Client and its Users must agree to and comply with relevant terms of use presented by the third party in compliance with applicable law. In the event of conflict between Third Party Messaging Platform terms and PCTC, PCTC shall prevail in respect of the Messaging Service and third party terms shall prevail in respect of the Third Party Messaging Platform.
Product/ Service Specific T&C
Module: CW Covid19 Widget
1. Module CW: All terms in this Module CW (“CW Terms”) apply exclusively to the Covid19 information widget which compiles and makes available information regarding Covid19-related travel issues from third party data sources (“Widget”). User, must review and determine the accuracy, suitability, and consequences of using the Widget for particular circumstances. The Widget is available, subject to these CW Terms. T&C of general application, including those into which CW Terms are incorporated shall apply to Widget as though repeated herein however these CW Terms are not applicable to any other CWT products or services. No other product or service specific terms apply to the Widget. In the event of a conflict between any CW Term and another applicable term, the CW Term shall prevail with respect to Widget.
2. Third Party Provider: Visa Run Inc., doing business as Sherpa independently compiles, monitors and provides the Widget using tools and sources selected and monitored by Sherpa. CWT does not guarantee the accuracy, timeliness or reliability of either this information or Sherpa’s verification processes.
3. No Professional Advice: Do not consider any information contained in or provided by the Widget as professional or legal advice. Note that outputs provided may not be relevant to particular User circumstances. Please consult with public authorities and/or primary local information sources directly in one or more relevant locations and jurisdictions to validate the general information provided by the Widget.
4. Your Responsibility to validate Information: CWT does not accept liability or responsibility for any omissions, errors or inaccuracies, or timeliness of the information provided through the Widget. Diverse and fast changing local responses to COVID-19 can quickly render information outdated or inaccurate. Accordingly, Clients and Users are responsible for independently informing and updating themselves of applicable restrictions or requirements for any actual or proposed trip.
Product/Service Specific T&C
Module: CWT Event Planning Software
The terms in this module apply only to the CWT Event Planning Software:
1. Event Planning Software: CWT, through its CWT Meetings Events division, shall license and provide access to certain Third Party Provider software (“Event Planning Software”) which is sublicensed by CWT to Client (which is considered a Third Party Component).
2. Access: Client acknowledgers that such Event Planning Software will be hosted on a server that is maintained by a Third Party Provider or its designated third-party supplier or data center. Client is solely responsible for obtaining and maintaining at its own expense, all equipment needed to access the Event Planning Software, including but not limited to Internet access and adequate bandwidth.
3. Restrictions: In addition to the restrictions stated in this PCTC, Client shall not: (i) “frame” or “mirror” the Event Planning Software on any other server or device; (ii) access the Event Planning Software for any benchmarking or competitive purposes or use the Services for application service provider, timesharing or service bureau purposes, or any purpose other than its own internal use; (iii) use the Event Planning Software to create, use, send, store, or run material containing viruses or otherwise engage in any malicious act or disrupt the security, integrity or operation of the Event Planning Software; (iv) attempt to gain or permit unauthorized access to the Event Planning Software or related systems or networks, including but not limited to conducting any penetration testing, denial of service attacks, or similar efforts; (v) permit access to Event Planning Software to such third party provider's competitors, and any such access by third parties is unauthorized; or (vi) use Event Planning Software for illegal activities, or junk mail, chain letters, pyramid schemes, phishing, "spam" or other unsolicited emails to any person who has not given specific permission to be included in such a process and shall otherwise comply in all other respects with applicable law regarding such communications.
4. Acceptable Use: Third Party Provider and CWT does not monitor or police the content of communications or data transmitted through the Event Planning Software, and Third Party Provider and CWT are not responsible for the content of these communications or transmissions.
5. Aggregate Data: Client acknowledges and agrees that the Third Party Provider may use all data inputted into or collected by the Event Planning Software on an aggregated and anonymous basis (collectively, “ Aggregate Data”) in compliance with applicable laws to provide the Third Party Provider and related services and for any commercial purposes, including distribution to other customers and for the preparation and distribution of benchmarking, research, and analytical materials. Aggregate Data must not identify Client as the source of any specific data or finding, nor will it include any personally identifiable information of any individual users.
6. Server Location: Client acknowledges that the Service Provider has servers located in the United States and Europe only and that the Event Planning Software is not intended to be used by Client or third parties in any country which requires an individual’s personal data to remain on servers located in that country. Without limiting the generality of the foregoing, the Event Planning Software provided hereunder is not intended for use by citizens of the Russian Federation who reside in Russia.
7. No Protected Information: Client shall not (and shall ensure that its representatives and users do not) upload, provide or submit any personal information that a reasonable person would recognize as being highly sensitive (but excluding, for avoidance of doubt, contact information which includes name, title, company name, mailing address, email address, and phone number),including without limitation, race, ethnicity, political opinions, religious beliefs, membership in a trade union, health condition (except for food allergies or medical contact information), sexual life, alleged or actual criminal activity, government issued id numbers, or date of birth (except if stored in encrypted fields). The Third Party Provider or CWT shall have no liability to Client or its representatives, users or any other party related to such information. The Third Party Provider or CWT may upon notice suspend all or portion of Client’s or its users’ access to the Event Planning Software if the Third Party Provider or CWT has a good faith belief that Client or its users has breached the restrictions in this Section. Third Party Provider shall maintain commercial safeguards against the unauthorized destruction, disclosure or alteration of Customer personal data that is in the possession of Cvent.
PRODUCT / SERVICE SPECIFIC T&C
MODULE: NDC Limitations – Early Adopter Airlines and Current Capabilities
1. NDC Booking Appearing: Customer may not see as many NDC bookings on an airline as they expect.
(a) NDC is bookable mainly on simple itineraries, such as one-way / round trip on the same carrier.
(b) Complex itineraries will continue to be booked through current GDS / EDIFACT channel until NDC matures. This includes many of the itineraries currently booked offline, resulting in lower NDC adoption in the channel.
(c) CWT counsellors will book the lowest fare possible that meets traveller needs, NDC fares are not always lower than the EDIFACT equivalent.
(d) Airline NDC systems are not as technically robust as the established systems and may cause counsellors to book EDIFACT instead in the case of errors or temporary outages.
(e) CWT may have to disable NDC for specific carriers in cases of unexpected outages or technical problems.
2. Call Times: Call times may be longer when booking new flights or exchanging NDC.
(a) NDC transactions encounter technical errors at a much higher rate than established EDIFACT.
(b) Troubleshooting or implementing workarounds to these errors takes longer than counselors would spend normally.
3. Higher Fare or Penalty: May have to pay higher fare or penalty in exchange.
(a) Exchanges after involuntary cancellation may incur a change penalty in NDC which would have been penalty-free in EDIFACT.
(b) Corporate fares are not always offered on exchanges, if not offered by the carrier, published fares are booked.
(c) NDC exchange technology is still immature and can occasionally fail. In these situations, an EDIFACT fare will be booked which may result in additional booking charges or different fares.
4. CWT Integrates Products and Services: Not all CWT integrated products and services work fully with NDC.
(a) Unused tickets cannot yet be used for payment on NDC bookings.
(b) Travel policy and fare savings reports do not compare NDC fares against other prices.
(c) Price Optimization does not yet incorporate NDC fares or NDC rebooking.