Smart Travel Accounting System (STAX) Terms and Conditions Back to Login

1. Introduction

1.1. Welcome to Smart Travel Accounting System (“STAX”), an accounting system for Travel Agencies provided by Systrix IT Solution LLC (“Systrix”). Your access to and use of any and all STAX versions and/or editions is governed by and subject to the following terms and conditions (the “Terms”). Systrix may update the Terms from time to time without notice to you; however, you can review the most current version of the Terms at any time by clicking the Terms and conditions link. By clicking the “Login” button or by using STAX, you acknowledge that you have read, understand and agree to be bound by the Terms. If you do not agree with the Terms, do not continue further and your access to STAX will terminate.

2. Systrix's Provision of STAX

2.1. Systrix will provide you access to STAX in accordance with these Terms.

2.2. If you breach any of these Terms, as determined by Systrix in its sole discretion, you agree that Systrix may disable access to your STAX account (“Your Account”); and you may be prevented from accessing STAX or your account details, data, or other material that you submit, post, or display on or through STAX (collectively “Your Material”) that become part of Your Account.

2.3. If Systrix discovers that Your Material violates these Terms or applicable legal agreements, laws, regulations or policies, You agree that Systrix may remove Your Material from Your Account at its sole discretion.

2.4. Systrix makes no promises as to the availability of Your Material or STAX or the functionality of STAX.

3. Your Use of STAX

3.1. In order to access STAX, you will be required to provide information about yourself such as (but not limited to) your name, address, and billing details (if applicable). You agree that any such information you provide to Systrix will always be accurate, correct, and up to date.

3.2. You agree that you are solely responsible for (and that Systrix has no responsibility to you or to anyone else for) your use of STAX, Your Material, your breach of any obligations under the Terms, and for the consequences (including loss or damage of any kind which you or Systrix may suffer) of any breach of such obligations. You further agree to not use STAX to store, host, or send unsolicited electronic messages. You further agree to not use STAX to transmit any viruses, worms, or malicious content.

3.3. if you choose to grant your accountant or bookkeeper access to Your Account, you understand and agree that your accountant or bookkeeper will have access to all of Your Material, including others’ data, as part of or incorporated in Your Material, and you agree that Systrix has no responsibility to you or to anyone else for your actions, or the actions of your accountant or bookkeeper including, without limitation, their access to Your Account. You may withdraw your accountant’s or bookkeeper’s access to Your Account at any time by visiting the “Employee” page under “Finance Settings” and follow the instruction to deactivate the employee account.

3.4. You agree to use STAX only according to instructions and documentation that Systrix provides and only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3.5. By using STAX, you represent and warrant that you are not prohibited from receiving exports, imports or services under United States or other applicable laws.

3.6. You agree not to access (or attempt to access) STAX by any means other than through the interface made available by Systrix, unless you have been specifically allowed to do so in a separate agreement with Systrix. You specifically agree not to access (or attempt to access) STAX through any automated means (including use of scripts, crawlers, SQL Queries or similar technologies).

3.7. You agree that you will not: (a) engage in any activity, or (b) use any of Your Material in a way that interferes or disrupts STAX or any servers, networks, or websites operated by Systrix or any third party.

3.8. You represent and warrant to Systrix that You have all the rights in, power to and authority to enter into these Terms.

3.9. You agree that Systrix owns all right, title, and interest in and to STAX, including without limitation all applicable Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing under patent, copyright, trade secret and trademark law, unfair competition law, and any and all other proprietary rights worldwide.

4. Your Use of STAXfrom Internet.

4.1. Use of STAX may be available through Internet and may require a data plan, public URL and IP Address. You agree that You are solely responsible for any such requirements, including any applicable fees as well the terms of your agreement with your internet service provider.

4.2. You further understand and agree that access to STAX is subject to your internet service provider network availability and Systrix is not responsible for the availability of services from your provider, including any loss, damage, error, or failure to transmit.

5. License from Systrix

5.1. Systrix gives you a worldwide, non-assignable, non-transferrable, and non-exclusive license to use STAX for the sole purpose of enabling You to use and enjoy the benefits of the respective STAX version and/or edition as delivered by Systrix solely in the manner permitted by the Terms, and in accordance with instructions and documentation that Systrix provides.

5.2. You shall not (and You shall not permit anyone else to): (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from STAX; (b) take any action to circumvent or defeat the security or usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) on STAX; (c) use Your Material to access, copy, transfer, transcribe or retransmit anything in violation of any law or the rights of others; or (d) remove, obscure, or alter Systrix’s copyright notices, trademarks, or other proprietary rights notices.

5.3. Unless Systrix has given you express and specific written permission to do so, You shall not assign, transfer (by merger, acquisition, operation of law or otherwise), grant a sub-license or a security interest in, your license to use STAX to someone else.

6. Monitoring

STAX may contain technologies that monitor, record and report to Systrix information regarding the use of STAX, including but not limited to information concerning the devices used to access STAX; and the frequency, type and manner of use of STAX (collectively, “Usage Data”). You agree that Systrix may, in its sole discretion, collect and use Usage Data to support, maintain, and improve STAX, and to enforce Systrix’s rights under the Terms. To the extent any Usage Data is personal information within the meaning of applicable law, You hereby: (a) consent to Systrix’s collection, use and disclosure of such Usage Data for these purposes; and (b) represent and warrant that You have obtained the consent of any individual to whom such Usage Data relates to Systrix’s collection, use and disclosure of such Usage Data for these purposes, or that the consent of any such individuals is not required to be obtained under applicable law.

7. Support

Systrix disclaims any responsibility to provide any customer support for STAX except using web, email, phone and remote desktop solutions during working days from 9:00 AM to 6:00 PM UAE Time. Systrix may change its customer support for STAX at any time. You hereby understand and acknowledge that if You or Systrix terminate Your Account customer support for STAX will no longer be available to You.

8. Your password and account security

8.1. You are responsible for maintaining the confidentiality of passwords associated with Your Account and agree to be responsible to Systrix for all activities that occur under Your Account, whether performed directly by you or by others.

8.2. If You become aware of any unauthorized use of your password or of Your Account, You shall notify Systrix immediately support@systrixit.com.

9. Privacy and your personal information

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

We collect the Business Information necessary to enable us to respond to your requests for our products and services and to send you information regarding our products and services from time to time. Since most of the users of our products and Sites are doing so in their capacity as employees or companies, most Business Information we collect will be in that capacity (rather than information about you individually, such as your personal tastes, etc.). For these purposes, we have defined "Business Information" as any information that identifies or may identify a company or an individual contact at a company or that allows others to contact a company or an individual contact at a company.

9.1. Before or at the time of collecting Business Information, we will identify the purposes for which information is being collected.

9.2. We will collect and use Business Information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

9.3. We will only retain Business Information as long as necessary for the fulfillment of those purposes.

9.4. We will collect Business Information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

9.5. We will protect Business Information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of Business Information is protected and maintained

10. Indemnification

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Systrix, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of STAX, Your Material or your violation of these Terms.

11. Fees

11.1. Your Account is a license subscription. If you are accessing STAX as a “paid user,” You agree that Systrix may automatically collect the applicable fees from You for each subscription term (month or year) in advance. If You provided a credit card upon sign up, that credit card will be charged for each subscription term, until Your Account terminates in accordance with Section 15 below. If You purchased your STAX license subscription from a reseller, reseller will contact You in advance of the renewal date for your subscription to collect payment so that You may continue your service for an additional subscription term.

11.2. Each “paid user” account comes with upto 25 user licenses Additional fees apply for additional users.

11.3. Systrix may increase the fees for any and all STAX versions and/or editions at any time by giving You not less than thirty (30) days prior notice. Any increase will become effective on your next billing date after this thirty (30) day notice.

11.4. Systrix will not issue a refund to You of any (pre-paid) monthly or yearly fees collected amounts upon termination or cancellation of Your Account.

12. Termination

12.1. These Terms will remain in effect until you or Systrix terminate the Terms as described below.

12.2. Termination by You.If You are accessing STAX as a “paid user”, You may terminate these Terms and Your Account by sending in an written letter duly signed and stamped by the authorized person to Systrix IT Solution LLC’s registered office in UAE. To be effective, your termination notice under this Section must be confirmed by Systrix in an email response to You. The termination will take effect at the end of your pre-paid subscription term.

12.3. Termination by Systrix.Systrix may at any time, terminate these Terms and Your Account if Systrix determines in its sole discretion that: (a) You have not paid or Systrix is unable to collect the applicable fees for Your Account when due; (b) You have breached any provision of these Terms, (c) it is required to do so by law; or (d) it will discontinue operation of STAX. Further, Systrix may at any time, terminate these Terms and Your Account upon ninety (30) days’ prior notice to You.

12.4. In the event Your Account is terminated: (a) You will not be able to access Your Account or Your Material; and (b) You agree that Systrix shall have no obligation to maintain or provide You access or deliver to You any of Your Material. If You have a “paid user” Systrix retains the right to delete Your Account and Your Material in its systems or otherwise in its possession or under its control at the end of the ninety-day period following termination.

12.5. Notwithstanding termination of these Terms, the following sections will remain in force against you and Systrix: 2-5, 9, 11.4, 12.4, 12.5, and 13-17.

13. DISCLAIMER OF WARRANTIES

13.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF STAX AND ANY CONTENT OBTAINED THROUGH STAX IS AT YOUR SOLE RISK AND THAT STAX IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. SYSTRIX DOES NOT WARRANT THAT STAX IS FREE OF BUGS, VIRUSES, IMPERFECTIONS, ERRORS, OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYSTRIX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO STAX AND ALL OF YOUR MATERIAL, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF AVAILABILITY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BECAUSE USE OF STAX AND ALL OF YOUR MATERIAL IS AT YOUR SOLE RISK, SYSTRIX IS NOT RESPONSIBLE FOR AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTERS, NETWORKS, MOBILE AND OTHER DEVICES, AND LOSS OF DATA THAT MAY RESULT FROM SUCH USE.

13.3. YOU EXPRESLY UNDERSTAND AND AGREE THAT STAX IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF STAX COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, “HIGH RISK ACTIVITIES”). SYSTRIX EXPRESSLY DISCLAIMS ALL, WHETHER EXPRESS OR IMPLIED, WARRANTIES OF FITNESS FOR HIGH RISK ACTIVITIES.

14. LIMITATION OF LIABILITY

14.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYSTRIX AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR THROUGH USE OF STAX AND ANY OF YOUR MATERIAL ACCESSED OR OBTAINED FROM STAX, WHETHER OR NOT SYSTRIX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

14.2. SYSTRIX’S SOLE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING OUT OF YOUR RELATIONSHIP WITH SYSTRIX BECAUSE YOU HAVE ACCESSED OR USED STAX IS LIMITED TO TWO THOUSAND FIVE HUNDRED UAE DIRHAMS (AED 2500.00)

15. Changes to the STAX

15.1. Systrix may change, revise, update, or otherwise modify the features and functionality of any and all STAX versions and/or editions. You may reject these changes by discontinuing use of STAX and terminating Your Account.

15.2. You understand and agree that if You use STAX after such changes, You will be deemed to have agreed to the changes and your continued use of STAX will be subject to and governed by these Terms.

16. Changes to the Terms

16.1. Systrix may change these Terms from time to time. When these changes are made, Systrix will make the updated version of the Terms available on login page of the STAX website to view the Terms and conditions

16.2. You understand and agree that if You use STAX after the date on which the Terms have changed, You will be deemed to have agreed to the changes and your continued use of STAX will be subject to and governed by the updated Terms.

17. General Terms

17.1. These Terms, along with anything referenced herein, constitute the entire legal agreement between You and Systrix and govern your use of STAX. The Terms completely replace any prior agreements between You and Systrix in relation to STAX.

17.2. To the fullest extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of these Terms is English and any translation You have received has been provided solely for Your convenience. In the event You have agreed to these Terms by means of the display of a translated version of these Terms in a language other than English, You may request an English language version of these Terms by notice to Systrix. To the fullest extent permitted by law, all correspondence and communication between You and Systrix under these Terms must be in the English language.

17.3. As a user of STAX, You assume the responsibility for the selection of STAX as being appropriate for Your purposes. You understand and agree that: (a) You are solely responsible for the content and accuracy of all reports, invoices and documents prepared with STAX; (b) using STAX does not relieve You of any professional obligation concerning the preparation, review, storage and retention of such reports, invoices and documents; (c) You will review any calculations made by using STAX and satisfy Yourself that those calculations are correct; and (d) Systrix’s customer support is designed to offer technical support for issues regarding the features and functionality of STAX in the supported browser environments only.

17.4. You understand and agree that some third party products marketed, integrated, and/or available with STAX may be subject solely to terms and conditions of the respective third party product and not to these Terms. You acknowledge and agree that under no circumstances shall Systrix be responsible or liable in any way for the availability and/or functionality of services or products offered, or the content located on or through, any such third party product. You further acknowledge and agree that under no circumstances shall Systrix be responsible or liable in any way, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such functionality, content, goods or services available on or through any such third party product. Systrix may withdraw access to such third party products via STAX at any time without notice.

17.5. You authorize Systrix to send You information about Systrix products and services, including but not limited to marketing and promotional material, via facsimile, email, telephone, and other reasonable means. If you do not wish to receive information from Systrix, please contact Customer Service.

17.6. You agree that any failure by Systrix to exercise or enforce any legal right or remedy contained in these Terms (or which Systrix has the benefit of under any applicable law), will not constitute a waiver of Systrix’s rights and that those rights or remedies will still be available to Systrix.

17.7. If a court finds that any provision of these Terms (which includes any updated Terms) is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.8. These Terms and your relationship with Systrix under these Terms shall be governed by the laws of the Abu Dhabi, UAE without regard to its conflict of laws provisions. You and Systrix agree to submit to the exclusive jurisdiction of the courts located within Abu Dhabi, UAE to resolve any legal matter arising from these Terms and your use of STAX. In any and all instances, the United Nations Convention on Contracts for the International Sales of Goods shall not apply to these Terms. Notwithstanding the foregoing, you agree that Systrix shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. In addition, you agree that any cause of action or claim will be litigated individually and that you will not consolidate or seek class treatment for any claims.

17.9. STAX is provided with RESTRICTED RIGHTS. The developer is Systrix located at 1303, Al AinAhli Insurance Company building, Hamdan Street, Abu Dhabi, U.A.E

Last updated 04/16