Terms Of Service
Thank you for using our products and services ("Services"). Our services are used to assist travellers by providing news and media information related to travel. The terms "we", "us", "our" and "Sitata" refer to Sitata, a corporation located in Burlington, Canada. The term "you" refers to the customer using or visiting the Website.
By using any products or services provided by Sitata, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Please read this Agreement carefully. If you do not accept all of the terms and conditions set forth, please do not use this website ("Website") or any of the Services provided. We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current services, including new tools or resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.sitata.com/terms_of_service.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.
Please contact us if you have any questions.
- You must be 13 years or older to use the Services.
- You must be a human. Accounts registered by software ("robots," "bots") or other automated methods are not permitted.
- You must have a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
- You are responsible for maintaining the security of your account and password. You will safeguard your account information, and will supervise and be completely responsible for any use of your account by you and anyone other than you. Sitata cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs under your account (even when the activity is by others who have accounts under your account).
- All information supplied by you while using the Services is true, accurate, current and complete.
- You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sitata customer, employee, member, or officer will result in immediate account termination.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Violation of any of the terms will result in the termination of your Account.
The content and information on this Website and the Services, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel package information (and related documents) for travel you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from our Services. Additionally, you agree not to:
- Use our Services or its contents for any commercial purpose without explicit authorization from Sitata via a commercial Account type.
- Access, monitor or copy any content or information of our Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- Violate the restrictions in any robot exclusion headers given by our Services or bypass or circumvent other measures employed to prevent or limit access to our Services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on or usage of our infrastructure.
- "Frame", "mirror" or otherwise incorporate any part of our Services or its content into any other website without our prior written authorization.
Sitata allows travel medicine clinics, other medically oriented companies, and travel professionals to offer recommendations to travellers. The information and recommendations created for a traveller by a company using the Sitata platform is the advice of that company and not the advice of Sitata. Sitata is not responsible for any of the recommendations a traveller may receive when their trip is created by another company using the Sitata platform.
The information and recommendations provided by Sitata are for educational purposes only and are not intended as a substitute for medical advice from your health care provider. We encourage and advise you to seek professional medical advice before beginning your travels because your health care provider knows your medical history and is aware of any medical conditions that would contradict advice provided by Sitata. In all cases, the advice of your personal health care provider should take precedence over any information provided by Sitata. Nothing that you may read from our Services or that is otherwise provided to you by Sitata should be construed as diagnostic information or medical advice.
- You are responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by navigating to the user settings section of the website. This section provides a simple, no questions asked, cancellation link. Company accounts can have their subscriptions cancelled and be completely removed through the company settings section of the platform.
- All of your Content will be immediately deleted from the Service upon cancellation and account deletion. This information can not be recovered once your account is deleted.
- Sitata, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website or any other Sitata service, for any reason at any time. Such termination will result in the deactivation or deletion of your Account or access to your Account, the forfeiture and relinquishment of all Content in your Account and the forfeiture and relinquishment of any current subscription.
Payments and Refunds
At present, Sitata does not charge individual travellers for our services. Sitata offers a paid subscription service, known as the Partner Platform, for travel professionals. The Partner Platform is available for a for a limited initial free trial period, but then requires a monthly or annual payment to continue the subscription after the end of the free trial. We will notify you when your free trial period is almost over.
We do not require your payment details to participate in the free trial, but we will ask for them should you choose to continue your Sitata subscription after your free trial has ended. When you provide your payment details, you are authorizing Sitata to charge you a subscription fee on a monthly or annual basis through our third-party payment processor. Your account will be automatically charged once per subscription month or once per year, unless you cancel your Sitata subscription through our website or by written request to email@example.com. The cancellation will take effect as soon as reasonably possible. Please note that if you cancel your Sitata subscription, you will lose the Platform's features and functionality. We may change the price of your subscription from time to time. We will notify you in advance of any change in price. Your continued subscription to Sitata after you have been notified constitutes your agreement to pay the new price.
When transitioning from your trial period to your Sitata subscription, we will credit any remaining trial time to your next pay period through our third party payment processor. After subscribing to Sitata, we allow a 30 day grace period for your first subscription in which you may cancel your subscription and receive a full refund. After the 30 day grace period, we do not issue any refunds. We also do not issue pro-rated refunds if cancelling your subscription before the next pay period. If you cancel or pause your subscription and then create a new subscription, you will not have a new grace period.
Feedback, Comments, and Community Submissions
You grant to Sitata a worldwide, royalty-free, non-transferable, and non-exclusive license to use your brand features, markings and other associated trademarks and Your Content to publicize or advertise that you are using the Services (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and website listings (including links to your website), or by creating marketing or advertising materials that show screenshots of the Service in which Your Content is featured). In addition you agree that:
- You represent and warrant to Sitata that you have all the rights, power and authority necessary to grant the above licenses.
- You further grant Sitata the right to pursue at law any person or entity that violates your or Sitata's rights in the Submissions by a breach of this Agreement.
- You acknowledge and agree that Submissions are non-confidential and non-proprietary.
- We take no responsibility and assume no liability for any Submissions posted or submitted by you.
- We have no obligation to post or use your Submissions; we reserve the right in our absolute discretion to determine which Submissions are published on our Services.
You are prohibited from posting or transmitting to or from our Services:
- Any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law within your jurisdiction.
- Any commercial material or content including, but not limited to, solicitation of funds, advertising, or marketing of any good or services.
- Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
- You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to our Services.
- You acknowledge that Sitata may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.
- If you do not agree to these terms and conditions, please do not provide us with any Submissions.
Policies with respect to claims by third parties that the content of our Services, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
API and Widgets
Sitata provides an application programming interface ('API') and several libraries of code ('widgets') to users with and without a Sitata account. Sitata wants to empower our users and partners to build valuable businesses around the information flowing through Sitata. At the same time, we aim to strike a balance between encouraging interesting development and protecting both Sitata's and its users' rights. The following terms were created to describe the policies around what type of innovation is permitted with the content and information shared on Sitata.
- You may use the Sitata API, widgets, and content in connection with the products or services you provide for non-commercial purposes to search, display, analyze, retrieve, view, and submit information to or on Sitata. You may use the Sitata name or logo and other brand elements that Sitata makes available in order to identify the source of Sitata Content subject to this terms of service agreement.
- Use of the Sitata API, widgets, and content in connection with the products or services you provide for commercial purposes must be authorized by written consent from Sitata unless access is granted by an API key.
- Your usage of the Sitata API, widgets, and content is subject to certain limitations on access. If Sitata believes that you have attempted to exceed or circumvent these limitations, your ability to use the Sitata API, widgets, and content may be temporarily or permanently blocked. Sitata may monitor your use of the Sitata API to improve the Sitata service and to ensure your compliance with these terms. In order to ensure visibility and enforcement of these terms, you may not use a single application API key for multiple use cases, and you may not use multiple application API keys for the same use case.
- Sitata may change, suspend or discontinue any aspect of the API Sitata, widgets ,and content at any time, including the availability of Sitata API.
You will not attempt or encourage others to:
- Use the Sitata API, widgets, or content for any service that replicates or attempts to replace the essential user experience of Sitata's services without Sitata's prior written approval.
- Sell, rent, lease, sub-license, redistribute, or syndicate access to the Sitata API, widgets, or content to any third party without prior written approval from Sitata.
- Remove or alter any proprietary notices or marks on the Sitata API, widgets, or content.
- Use or access the Sitata API for purposes of monitoring the availability, performance, or functionality of any of Sitata's products and services or for any other benchmarking or competitive purposes.
- Use Sitata's proprietary notices or marks in a manner that creates a sense of endorsement, sponsorship, or false association with Sitata. You may not use proprietary notices or marks as part of the name of your company or your service, or in any product, service, name field or logos created by you. All use of Sitata notices or marks, and all goodwill arising out of such use, will inure to Sitata's benefit.
- Use or access the Sitata API to aggregate, cache, or store place and other geographic location information contained in Sitata Content.
- Access, monitor, or copy any data which the widgets produce using any robot, spider, scraper, or other automated means or any manual process for any purpose without our written permission.
Links to Third-Party Sites
Our Services may contain hyperlinks to websites operated by parties other than Sitata. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Services or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Any software that is made available to download from our Services ("Software") is the copyrighted work of Sitata. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all code executing our Services, is owned by Sitata and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the Licence Agreement.
Modifications to the Service and Prices
- Sitata is constantly innovating in order to provide the best possible experience for its users.
- Sitata reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Website or by email.
- Sitata shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the services.
- No advice or information, whether oral or written, obtained by you or from Sitata or through or from the services shall create any warranty not expressly stated in these Terms.
- You expressly understand and agree that your use of the Service and the content is at your sole risk and that the Service and the content are provided "as is" and "as available."
- Sitata does not represent or warrant to you that: (1) Your use of the Services will meet your requirements; (2) Your use of the Services will be uninterrupted, timely, secure or free from error; or (3) Any information obtained by you as a result of your use of these Services will be accurate or reliable.
- The information, software, products, and services published on this website may include inaccuracies or errors.
- It is impossible to determine your risk without knowing exactly where you are or what you are doing. Therefore, travel alert risk ratings displayed on this website are intended as only general guidelines, and Sitata does not guarantee the accuracy of the ratings.
- Sitata makes no representations about the suitability of the information, software, products, and Services for any purpose, and the inclusion or offering of any products or services within our Services does not constitute any endorsement or recommendation of such products or services by Sitata. All such information, software, products, and services are provided "as is" without warranty of any kind.
- Sitata disclaims all warranties and conditions that our Services, its servers or any email sent from Sitata are free of viruses or other harmful components.
- Sitata hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
- Sitata is not liable for any personal injuries, death, property damage, or other damages or expenses resulting from using its Services.
- In no event shall Sitata be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of its Services or with the delay or inability to access, display or use of its Services (including, but not limited to, your reliance upon opinions appearing on Sitata's Services; any computer viruses, information, software, linked sites, products, and services obtained through Sitata's Services; or otherwise arising out of the access to, display of or use of our Services) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Sitata has been advised of the possibility of such damages.
- If, despite the limitation above, Sitata is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Sitata will in no event exceed the service fees you paid to Sitata in connection with such transaction(s) of Sitata's Services.
- The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Sitata.
You agree to defend and indemnify Sitata and any of their officers, directors, employees, shareholders and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of Sitata's Services.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content and information stored on the Services. The manner, mode and extent of advertising by Sitata on the Services are subject to change without specific notice to you. In consideration for Sitata granting you access to and use of the Services, you agree that Sitata may place such advertising on the Services.
Copyright and Trademark Notices
All contents of this Website and Services are: © 2018 Sitata Inc. All rights reserved. Sitata is not responsible for content on websites operated by parties other than Sitata. Sitata, Sitata.com, and the Sitata logo are either registered trademarks or trademarks of Sitata in Canada, U.S. and/or other countries.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Services, or associated software, without express written permission.
Claims of Copyright Infringement
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to our Services should be sent to us by email. We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that you may be liable for damages if you make a false claim of copyright infringement.
- The Services are operated by a Canadian entity and this Agreement is governed by the laws of the province of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of courts in Burlington, Ontario, Canada, in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this statement.
- You understand that Sitata uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You agree that no joint venture, partnership, or employment relationship exists between you and Sitata as a result of this Agreement or use of its Services.
- You must not modify, adapt or hack any Services, or modify another website so as to falsely imply that it is associated with any of Sitata's Services.
- Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
- If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
- Fictitious names of companies, products, people, characters, and/or data mentioned on the Services are not intended to represent any real individual, company, product, or event.
- You understand that the technical processing and transmission of the Services may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Sitata with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Sitata with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Any rights not expressly granted herein are reserved.