“Awards”, “Benefits”, “Partners” shall have the meaning set out in the Privilege Club Terms and Conditions.
“Customer”, “You” or “Your” means the recipient of WhatsApp messages from Qatar Airways under these Terms and Conditions.
“IM Tool” means an Instant Messaging Tool provided by an external service provider, which may include WhatsApp or WeChat or similar communication technology made available under the terms and conditions of the applicable supplier of such technology.
“IM Messaging Purpose” means the processing by Qatar Airways of your Personal Data for your personal use for the purposes of the performance of any and all of the following:
(i) these Terms and Conditions,
(ii) the Qatar Airways Conditions of Carriage;
(iii) the Privilege Club Terms and Conditions; and
(iv) in accordance with our Privacy Notice.
“Privilege Club” means means the Qatar Airways Privilege Club programme and any successor programmes.
“Our”, “Us” or “Qatar Airways” in each case means Qatar Airways Group Q.C.S.C.
“Partners” means as defined in the Privilege Club Terms and Conditions.
“Personal Data” means data which on its own, or in combination relating to an identified or identifiable natural person.
“Privacy Notice” means the Qatar Airways Privacy Notice available at www.qatarairways.com.
“Privilege Club Terms and Conditions” mean these terms and conditions for Qatar Airways Privilege Club as amended from time to time.
“Qatar Airways Conditions of Carriage” means the conditions of travel on Qatar Airways, as amended from time to time, available on www.qatarairways.com.
1.1 These Terms and Conditions govern the provision to you (upon your acceptance of these Terms and Conditions) in your individual capacity of your usage of the IM Tool solely and no other channels that you use to communicate with us.
1.2 These Terms and Conditions become effective and binding upon your issue of the Contract Forming Message through an exchange of IM Tool messages including:
(i) we have made the Terms and Conditions available to you in summary form (“Summary”);
(ii) we have also made available these Terms and Conditions in full by providing you with their electronic location, which may be accessed via a weblink (“Link”);
in each case which may be communicated to you in a message generated from Qatar Airways via the IM Tool;
(iii) you are able to freely access these Terms and Conditions from that Summary and Link; and
(iv) having the ability to freely accept or reject these Terms and Conditions, you confirm you are over the age of majority, and proceed by responding to the IM Tool message which contained the Summary and Link (“Contract Forming Message”).
1.3 These Terms and Conditions are effective from the date and time of receipt by Qatar Airways of the Contract Forming Message (“Effective Date”).
1.4 You confirm that the consideration for these Terms and Conditions is the real value and benefit you receive from interaction with Qatar Airways via the IM Tool. We acknowledge that we too receive similar reciprocal valuable consideration.
1.5 You acknowledge that these Terms and Conditions are binding and the contract formed with full force and effect as described in this clause. without the need for signatures, whether physical or electronic, or other form of execution method.
2.1 These Terms and Conditions are in operative effect from the Effective Date.
2.2 The contract term of these Terms and Conditions remains in full force and effect for such time as you communicate with Qatar Airways via the IM Tool. These Terms and Conditions may be updated, amended, changed, or removed by Qatar Airways at any time and without further notice to you. By using this IM Tool, you agree to be bound by the latest version of them.
2.3 You may terminate these Terms and Conditions on written notice to Qatar Airways, effective at any time. Such notice may be communicated via the IM Tool.
2.4 Your right to terminate is for any reason including your decision to opt out of the approval you have given us to process your Personal Data via the IM Tool for one or all of the IM Messaging Purposes.
2.5 These Terms and Conditions will expire from the date and time of Qatar Airways’ IM message to you confirming acknowledgement of your termination notice and confirming the expiry of these Terms and Conditions (“Contract Expiry Message”).
3.1 Qatar Airways is committed to protecting your privacy and complying with applicable data protection and privacy laws. Personal Data will be processed for the IM Messaging Purpose.
3.2 You acknowledge that the Summary contained the IM Messaging Purpose, and you are fully aware of the four distinct purposes which together comprise the definition. By entering into these Terms and Conditions you have specifically, freely and expressly opted in to our use of your Personal Data which may include use for and with the authority from applicable family member or guests, for the IM Messaging Purpose. You have expressly agreed that we may process your Personal Data which may include use for and with the authority from applicable family member or guests via the IM Tool for each and every one of the IM Messaging Purposes.
3.3 By sending the Contract Forming Message, you freely agree that Qatar Airways may process your Personal Data which may include use for and with the authority from applicable family member or guests via the IM Tool for the IM Messaging Purpose in order to perform these Terms and Conditions.
3.4 We may collect and receive Personal Data directly from you when you communicate with us the IM Tool, including where we act on or fulfill your service requests.
3.5 For information on how the IM Tool processes your Personal Data, please check the relevant privacy policy of the IM Tool proprietor or licensor (e.g. Facebook, WhatsApp and WeChat).
3.6 You shall take all reasonable security precautions in connection with your use of the IM Tool. Any information which you choose post or transmit via the IM Tool shall be considered by us to have been freely given. Any information which you choose to post or transmit via the IM Tool to our interactive forum shall be considered by us to have been freely given, and, is by nature made publicly available to other users who have access to that interactive forum. We encourage you not to share any Personal Data or information which is not relevant to your request or communications with us. We are not responsible for any irrelevant information or Personal Data or information you choose to provide to us via the IM Tool.
4.1 Where you disclose Personal Data on behalf of another person including family members, guests or other persons you nominate with the benefits or awards under the Privilege Club Terms and Conditions, you will ensure that the individual whose Personal Data is supplied to Qatar Airways has authorized the disclosure, is informed of processing of their Personal Data in accordance with these Terms and Conditions and our Privacy Notice.
5.1 Where the disclosure is in respect of a child’s Personal Data, you warrant that do so only as the parent or legal guardian of that child, provide consent to process that child’s Personal Data and enter into relevant contract on behalf of that child.
6.1 Further to the freely given and fully informed consent you have given by entering into these Terms and Conditions, you authorise Qatar Airways or its Partners with the right to send you electronic communications via the IM Tool with marketing communications, offers, news and market research from Qatar Airways or our Partners (collectively “Promotions”).
7.1 We may store and retain the Personal Data you provide under these Terms and Conditions whether by ourselves, or using products or services of a third party supplier.
7.2 We may store such Personal Data for the longer of: (i) for no longer than is necessary for the purpose for which the data was processed and (ii) until such time as you expressly notify us in writing of your request to delete such Personal Data.
8.1 You are responsible for inappropriate content transmitted via the IM Tool, including:
- illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, promoting violent crimes;
- involving publishing falsehoods, misrepresentations, or misleading statements;
- information which is/may be detrimental to the goodwill of Qatar Airways;
- impersonating someone;
- sending impermissible communications, such as bulk messaging, auto-messaging, auto-dialing and the like;
- fraudulent content; and
- non-personal use, or
- use which is outside of the intended function of these Terms and Conditions.
8.2 Qatar Airways may suspend or block your use of the IM Tool in its absolute discretion, and without notice, including in the event of inappropriate behaviour or content, whether as described in clause 8.1 or otherwise.
9.1 You agree that in order to perform these Terms and Conditions, Qatar Airways may make accessible from or store your Personal Data outside the country where you have provided it or transfer your Personal Data to other countries that may offer less protection of Personal data than that provided in your own jurisdiction.
10.1 You warrant that the use of the IM Tool is for your personal use, which may include use for and with the authority from applicable family member or guests, and in such cases, you have the valid authority to represent such family members or guests.
You acknowledge that:
- Qatar Airways has no affiliation with the IM Tool, and supplier of the IM Tool is a third party to Qatar Airways;
- the use of the IM Tool is at your own risk and subject to the terms of the supplier of the IM Tool that use of the messaging service is on an “as is” basis;
- Qatar Airways may modify the terms of the services, or discontinue certain elements of the services provided via the IM Tool without notice;
- There are no warranties whether express or implied or merchantability or fitness for any particular purpose;
- There is no warranty that the IM Tool or messaging service is error free or virus free;
- Qatar Airways disclaims liability for any and all claims, complaint, cause of action, controversy or dispute (“Claim”) arising from:
- Any failure in the sending or receiving of messages via the IM Tool;
- Disruptions, lack of availability (including infrastructure, network, connectivity, third party or proprietary firewalls, device or application), delay, lack of security, to/from messaging data over the IM Tool or any other provider including caused as a result of a cyber hack or denial of service attack.;
- Loss of data and/or corruption to data, imperfections to data, or inaccurate data transmitted over the IM Tool or stored by Qatar Airways or a service provider;
- Intellectual property rights of any person;
- Data plan, wi-fi, internet or bandwidth costs;
- You must comply with the IM Tool proprietor’s, licensors or supplier’s terms of license;
- No intellectual property rights transfer through using the IM Tool messaging service;
- Any and all content communicated via the IM Tool is considered non-confidential when disclosed by you to communicate with Qatar Airways;
- Qatar Airways does not warrant that any content provided in any messages from Qatar Airways is accurate, or complete;
- Messages may be sent from an artificial intelligence source, the content of which may not be unique nor tailored to your specific requirements;
- Qatar Airways makes no warranty that the service provided by the IM Tool is secure, error free, or safe;
- Any encryption offered by the IM Tool (at rest, or in transit) is provided “as is” by Qatar Airways, and without obligation or liability;
- Any support services are on reasonable efforts only “as is” and without obligation or liability on the part of Qatar Airways or its service providers;
- Qatar Airways provides no service levels for the IM Tool;
- Qatar Airways has no obligation to provide back up or DR services;
- Qatar Airways may block/suspend any customer or user for any reason, without notice, including inappropriate content; and without liability;
- The terms of the disclaimer survive any block/suspension;
- Messages transmitted via the IM Tool may be processed by members of the Qatar Airways Group, and its service providers with full access rights to all content and data;
- Data may be transferred outside of the EEA, including, without limitation to Qatar, USA and elsewhere;
- Data may be physically located at datacenters of cloud service providers under contracts entered into by sub-processors, including without limitation Amazon Webservices (AWS); and
- The IM Tool messaging service is otherwise provided on a no liability basis.
You indemnify Qatar Airways and shall keep Qatar Airways indemnified, from any claim, complaint, cause of action, controversy or dispute (“Claim”) and damages, losses, expenses of any kind (including reasonable legal fees) known, unknown relating to, arising out of, or in any way related to:
- access, or use of the IM Tool;
- any misrepresentation;
- data breaches arising from unauthorized disclosure of your personal data; and
- any Claim arising out of the matters listed in the disclaimer in Section 11 above.
You agree to communicate and cooperate with Qatar Airways in the event of any Claim.
The terms of the indemnity survive any block/suspension
You release Qatar Airways from any claim, complaint, cause of action, controversy or dispute (“Claim”) and damages, known, unknown relating to, arising out of, or in any way related to:
- access, or use of the IM Tool;
- any misrepresentation; and
- any Claim arising out of the matters listed in the disclaimer in Section 11 above.
These Terms and Conditions are governed by the laws of England and Wales. You submit to the non-exclusive jurisdiction of the courts of England.
If you have any questions about our Terms and Conditions, please contact:
Qatar Airways Group
P.O. Box: 22550
Doha, State of Qatar
Attention: contractsdept@qatarairways.com.qa
If a condition or provision of these Terms and Conditions is unenforceable and the remaining conditions or provisions are enforceable, the remaining conditions or provisions will be severed from those which are unenforceable.