Service Terms
KIWI.COM
The following specifications relate to the integration of services from KIWI.COM (the “Integration”) in the Nezasa Platform. They can be changed or updated by Nezasa on its sole discretion at any time.
Any capitalised terms not otherwise defined in these Service Terms shall have the meanings set forth in the Annex 1 to the General Terms and Conditions.
1. Functionality
The Integration allows the End User to access the following “Licenced Content”:
1.1. Flight schedules, combination of flights, published fares, seat availability and related descriptive information regarding the flights;
1.2. Data submitted by or on behalf of the flight carriers regarding the flights; and
1.3. Data obtained, developed, produced, processed or published by Kiwi.com
Based on the above stated information, the following actions can be performed using the Integration and the Nezasa Platform:
1.4. Searching and booking the flights offered by various carriers
2. Customer Obligation
When using the Integration, the Customer adheres to the following obligations in addition to the provisions stated in the General Terms and Conditions:
2.1. The Customer is responsible for payment collection and both pre- and post-sale End Customer care.
2.2. The Customer acknowledges that the Integration and Licensed Content may not be constantly available, especially due to the necessary hardware and/or software maintenance.
2.3. The Customer acknowledges and agrees that the Integration and Licensed Content are made available under these Service Terms on an “as is” and “as available” basis.
2.4. The Customer acknowledges and understands that any of the bookings that are booked and confirmed by Kiwi.com shall be governed in accordance with the terms and conditions available on www.kiwi.com regulating the legal relationship between the Kiwi.com and its regular customers, which are valid and effective at the time when the End Customers booked the flight(s).
In case of non-adherence to the obligations by the Customer:
2.5. The Customer shall be liable to Kiwi.com for any damage resulting from the Customer’s breach of these Service Terms.
2.6. Nezasa reserves the right to immediately terminate the Integration in case of a material breach of these Service Terms according to 5.3
3. Supplier Provisions
The supplier grants the following:
3.1. Kiwi.com reserves the right to interrupt, at any time and to its sole discretion, the provision of the Licensed Content relating to one or more flight carriers, at the request of such carriers.
3.2. Kiwi.com shall not be liable for any damages resulting from the unavailability of the Integration and/or Licensed Content.
3.3. In case of unplanned outage of the Integration and/or Licensed Content, Kiwi.com undertakes to exert reasonable effort to restore the Integration and/or Licensed Content to normal operation.
3.4. Kiwi.com does not give any warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the quality, performance, durability, functionality, security, availability, freedom from viruses or any contaminating or destructive properties for purpose of the Integration and Licensed Content.
3.5. For the avoidance of doubt, any data, information and material stored in the Integration or provided by Kiwi.com to the Customer under these Service Terms is and shall remain the exclusive property of Kiwi.com, and nothing herein shall be interpreted as transferring any rights in or to such data, information and material to the Customer or any third party.
3.6. Kiwi.com shall not be liable for any damage caused by any inaccuracy, incorrectness or incompleteness of the Licensed Content or any part(s) thereof.
4. Nezasa Provisions
Nezasa is entitled to the following:
4.1. Processing the orders placed by End Customers using the Integration via Nezasa’s Platform.
4.2. Host, store, copy, display, and otherwise use the Licensed Content or any part of it in connection with Nezasa’s products or services.
4.3. Make available to the public the Licensed Content or any part of it through its search engine and/or search engines of the Customer.
4.4. Use the Licensed Content or any part of it in combination with any other content.
4.5. All first line customer service to Customers will be provided by Nezasa.
5. Term and Termination
5.1. These Service Terms shall be effective as of the Effective Date of the respective Purchase Order and, unless earlier terminated as provided herein, shall remain in force for the duration of the Purchase Order.
5.2. Both Parties may terminate the Integration without reason as of the end of a calendar month. In such a case, the termination notice shall be delivered to the other Party at least ninety (90) calendar days before the contemplated termination.
5.3. Both parties may immediately withdraw from the Integration in the event of a material breach of these Service Terms via a written notice. For the purposes hereof, the following situations shall be regarded as a material breach:
5.3.1. Customer’s breach of intellectual property rights with respect to the Integration and/or Licensed Content;
5.3.2. Material or repeated breach of obligations of the Customer in connection with the use of the API and Licensed Content, where repeated shall mean that the Customer breaches its obligations after already being notified of a breach and on the possibility of withdrawal from the Integration; and
5.3.3. Other situations stipulated by applicable law.
5.4. In the event of a termination of the Integration by either Party, the Customer undertakes to cease using the Integration.
6. Miscellaneous
Section 18 of the General Terms and Conditions shall also be applicable to these Service Terms and the respective Purchase Order.
Nezasa AG
Sihlstrasse 99
8001 Zurich
Switzerland
Version 1.0 | 23 January 2020