Where the Partner transmits documents through the Trade Portal using its User ID(s) as provided by Qatar Airways, such documents shall be deemed to have been submitted by a duly authorized agent, officer, employee or representative of the Partner. Partner hereby waives any defense to the enforceability of any contract formed as a result of the transmission of such document on the ground that it was incorrectly submitted or submitted by an unauthorized agent, officer, employee or representative of the Partner.

3.1       The Partner expressly understands and agrees that:

(i)          The Trade Portal is provided on an “as is” and “as available” basis. Qatar Airways expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(ii)         Qatar Airways does not warrant the availability, timeliness, functionality, reliability, sequencing or speed of delivery of the Trade Portal or the content, and is not responsible for internet outages, hardware and/or software failures, downtime, force majeure event (including without limitation acts of God, strikes or other concerted acts of workers, bomb threats, fires, floods, explosions, riots, war and sabotage) and/or user errors.

(iii)       Any material downloaded or otherwise obtained through the use of the Trade Portal is done at Partner’s own discretion and risk and the Partner will be solely responsible for any damage to Partner’s computer system or loss of data that results from the download of any such material or any virus that may be contained therein.

(v)         The Partner warrants and represents that all information posted and/or presented, including but not limited to business and/or financial information is accurate, truthful, and not misleading or fraudulent, and does not infringe on any copyright, patent, trademark or any other proprietary rights of any third party.

3.2        In connection with the Partner’s use of the Trade Portal, the Partner agrees not to put any computer programs, information or data into the Trade Portal which contains any viruses, time bombs, Trojan horses, worms, cancel bots or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or information of Qatar Airways or its Partners. The Partner further agrees not to use any mechanism, device, application, software or programming, etc., to interfere or attempt to interfere with the proper working of the Trade Portal.

3.3        The Partner is responsible for implementing sufficient firewalls, protections, procedures and checkpoints to satisfy particular requirements for the protection of their system and/or accuracy of data input and output, and for maintaining a means external to Qatar Airways for the reconstruction of lost data.

4.1      Each Party agrees (i) to treat the other’s information and data transmitted to the Trade Portal as proprietary confidential information (“Confidential Information”) to the other, (ii) that it will not knowingly disclose to any person or entity not a party to this e-User Agreement, or use for its own or any such person’s or entity’s benefit any Confidential Information belonging to the other Party to this e-User Agreement without the other Party’s prior written consent, and (iii) that it will use all commercially reasonable efforts to maintain the confidentiality of all Confidential Information of the other Party to this e-User Agreement and to prevent the unauthorized disclosure and dissemination of any of the Confidential Information. In no event will any party hereto use less care to maintain the confidentiality of the other Party’s Confidential Information than  it  uses  to  maintain  the  confidentiality of  its’  own  information of  equal importance.

4.2      Confidential Information, whether or not described above, does not include information that (i) is or becomes known to the public without fault or breach on the part of the Party to this e-User Agreement seeking to disclose it, (ii) the owning Party regularly discloses to third parties without restriction on disclosure, (iii) the Party to this e-User Agreement seeking to disclose it receives from a party other than a Party to this e-User Agreement without restriction on disclosure and without breach of a non-disclosure obligation, or (iv) is required by legal process to be disclosed; provided however, that the Party receiving such process will notify the other Party prior to such disclosure and will take such reasonable steps as the other Party may request to protect the confidentiality of the Confidential Information.

4.3     The provisions of this Clause 4 shall survive the expiration or termination of this e-User Agreement, including but not limited to any discontinuance of or termination of Partner’s access or use to the Trade Portal as set out in Clause 11.

The Trade Portal is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property rights. It is prohibited to quote or copy in part or in whole the content of the Trade Portal without any prior written consent from Qatar Airways. Violation of this provision is subject to the exercise of claim and suit pursuant to both criminal and civil laws applicable in the State of Qatar.

Except as explicitly stated otherwise or as required by law, the Partner shall provide any notices to Qatar Airways by email to qatarairways.com/tradeportal and Qatar Airways shall provide any notices to the Partner at the e-mail and/or courier/postal address that Partner provides to Qatar Airways during the e-registration process, or such other address as either Party shall specify in a notification in accordance with this section.

Without limiting the generality or effect of other provisions of the e-User Agreement, as a condition of use, the Partner agrees to indemnify, hold harmless, and defend Qatar Airways and its affiliates, suppliers and their officers, directors, affiliates, subcontractors acting in their capacity of  providing services, goods,  works to  Qatar Airways,  agents  and  employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages incurred by any Indemnified Party in connection with any third party claims arising out of (a) such Partner's failure to comply with any applicable laws and regulations including data protection and privacy, (b) such Partner's breach of any of its obligations set forth in this e-User Agreement; and (c) infringement claims asserted against Qatar Airways based on its use of Partner's intellectual and informational property; and (d) such Partner's agreements or transactions with Qatar Airways. The Partner shall not settle any such claim without the written consent of the applicable Indemnified Party, such consent shall not be unreasonably withheld, conditioned or delayed.

Not applicable.

IN NO EVENT SHALL QATAR AIRWAYS, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR SUBCONTRACTOR ACTING IN ITS CAPACITY OF PROVIDING SERVICES,GOODS, OR WORKS TO QATAR AIRWAYS, OR EMPLOYEE BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR  CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EARNINGS, OR BUSINESS OPPORTUNITIES, OR EXPENSES OR COSTS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING (HOWEVER ARISING, INCLUDING NEGLIGENCE) OUT  OF: THE USE OF THE TRADE PORTAL BY PARTNER, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM OR ARISING OUT OF SUCH PARTNER'S RELIANCE ON THE TRADE PORTAL OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON- DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING BY  THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE TRADE PORTAL; ANY AGREEMENT ENTERED INTO BETWEEN PARTNER AND ANY THIRD PARTY (OR THE NEGOTIATIONS OR  DISCUSSIONS CONDUCTED  IN  ANTICIPATION OF  ANY  SUCH AGREEMENT),THE TERMINATION OR  SUSPENSION OF  PARTNER'S USER  ID  AND PASSWORD BY QATAR AIRWAYS FOR THE USE OF THE TRADE PORTAL (AT ITS OWN DISCRETION OR UPON QATAR AIRWAYS’ REQUEST) PURSUANT TO THIS E- USER AGREEMENT; THE FAILURE, OR ALLEGED FAILURE, OF ANY PRODUCT OR SERVICE PURCHASED PURSUANT TO THE TRADE PORTAL TO CONFORM TO ANY TERMS, WHETHER PUBLISHED ON THE TRADE PORTAL OR NOT; THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY SUCH PRODUCT, SERVICE; OR GOVERNMENT RESTRICTIONS, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND QATAR AIRWAYS’S REASONABLE CONTROL.

This e-User Agreement shall be governed by, interpreted and construed and enforced in accordance with the applicable laws of Qatar. The courts of Qatar shall have exclusive jurisdiction over all disputes arising out of or in connection with this e-User Agreement and their decisions shall be final and binding on the parties.

11.1     Partner agrees that this e-User Agreement shall govern the Partner’s usage and participation of the Trade Portal for the above mentioned purpose and shall be effective on the date this e-User Agreement is accepted by the Partner on the Trade Portal.

11.2     Partner agrees that Qatar Airways, in its sole discretion, may terminate Partner’s User ID and password or participation of any event of the Trade Portal and remove and discard any Partner information within the Trade Portal for any reason, including, without limitation, for lack of use or if Qatar Airways believes that Partner has violated or breached this e-User Agreement.

11.3     Qatar Airways may also in its sole discretion and at any time discontinue the Trade Portal

or any part thereof, with or without notice.

11.4     Further, Partner agrees that Qatar Airways shall not be liable to Partner or any third party for Qatar Airways’ decision to suspend, discontinue or terminate Partner’s access or use to the Trade Portal.

11.5     Unless expressly stated under this e-User Agreement, any termination of the e-User Agreement shall not relieve the Party of any obligation accrued hereunder before the effective date of such termination, or affect Party's rights obtained hereunder.

A Partner usage of the Trade Portal shall constitute its acceptance and agreement to be bound by the terms and conditions of this e-User Agreement..

13.1      This e-User Agreement constitutes the entire agreement and understanding between the Parties with respect to the Partner's access and use of the Trade Portal. Neither the course of conduct between the Partner and Qatar Airways nor trade practice shall act to modify any provision of the e-User Agreement.

13.2     Headings are for reference only.

13.3     A Party's failure to insist upon or enforce strict performance of any provision of the e-User

Agreement shall not be construed as a waiver of any provision or right.

13.3    If any particular provision of the e-User Agreement is held to be invalid or unenforceable, such determination shall not affect any other provision of the e-User Agreement which shall remain in full force and effect. In addition, if any provision contained in the e-User Agreement shall for any reason be held to be excessively broad as to activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law.

13.4    Nothing in this e-User Agreement shall be deemed or interpreted to create any relationship between Qatar Airways and the Partner other than that of independent contractors. No agency, partnership, joint venture, employee-employer or any other type of relationship is intended to be created by this e-User Agreement.

13.5    You shall comply with any obligations imposed on it under any applicable data protection and privacy laws to the extent that such Data Protection Laws are applicable in respect of the information provided by the Partner to Qatar Airways via the Trade Portal.. You shall ensure it observes its obligations regarding technical and organizational measures for the security of personal data, appropriate consent, if required, and the transfer and use of personal data. For the purposes of this clause, “Data Protection Laws” means any law, regulations or legally binding obligation, relating to data privacy, trans-border data  flows  or  data  protection governing the  collection, use,  storage  or  management of personally identifiable information exchanged via the Trade Portal or https://www.qatarairways.com. If you give us your consent to do so, we will occasionally inform you about our special offers, news and marketing communications and may invite you to participate in contests or surveys via the email address provided to us.

13.6      You shall comply fully with all applicable statutes, laws, orders, rules and regulations in the performance of this e-User Agreement including, but not limited to all applicable local laws tax, import and export, anti-bribery and corruption, and environmental laws. The Parties shall obtain and maintain, all licences, authorisations, and permits and other governmental authorisations required without any restrictions or qualifications whatsoever so as to enable them to fulfil their respective obligations under this e-User Agreement.

13.7   You shall comply with the Qatar Airways Website Terms of Use which are incorporated by reference hereto and which can be found on https://www.qatarairways.com/en-qa/legal.html and which may be amended from time to time without notice. In the event of any conflict between this e-User Agreement and the Qatar Airways Website Terms of Use then the terms of this e-User Agreement shall prevail.

13.8      We may amend, update or otherwise change, at any time and without prior notice, any or all of the terms of this e-User Agreement. Please check the contents of qatarairways.com/tradeportal periodically for changes. Your continued use of qatarairways.com/tradeportal, or of any part thereof following the posting of any changes constitutes acceptance of those revised terms and of any subsequent changes. Each such amendment shall become automatically valid and enforceable at the time when first displayed by us in at qatarairways.com/tradeportal.