Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.sitata.com website and Sitata mobile application (the “Service”) operated by Sitata Inc (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our website and Sitata mobile application (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service and in our advertising on other websites.
Contests, Sweepstakes and Promotions
Promotions may be available for a limited time.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a daily or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sitata Inc cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Sitata Inc customer support team.
A valid payment method, such as your credit card, is required to process the payment for your Subscription. You shall provide Sitata Inc with accurate and complete billing information which may include full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Sitata Inc to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Sitata Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Sitata Inc, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Sitata Inc will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
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.
Sitata shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the services.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You must be a human. Accounts registered by software (“robots,” “bots”) or other automated methods are not permitted. You are responsible for all activity that occurs under your account (even when the activity is by others who have accounts under your account).
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.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Sitata Inc and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Sitata Inc. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Sitata Inc or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Sitata Inc.
Sitata Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sitata Inc shall not be responsible or liable, 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 content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Sitata allows travel medicine clinics, medical professionals, and other medically oriented companies, and travel professionals to offer recommendations to travellers. The information and recommendations created for a traveller using the Sitata platform is the advice or opinion of that entity and not the advice of Sitata. Sitata is not responsible for any of the recommendations you receive.
You understand that you might not be able to have a doctor-patient relationship with the practitioner due to the regulatory constraints of some locations. You also understand that any associated costs shown for a medical appointment are for a consultation only. You are responsible for any additional charges for medications, laboratory tests, phone data, or any other charges that you might incur as a result of using the service.
The information and recommendations provided by Sitata are for educational purposes only and are not intended as a substitute for medical advice from your healthcare 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.
The availability, quality, results or effects of any medical treatment, travel assistance of any kind, hospitalization, transportation or your failure to obtain any of the above, is not the responsibility of either Sitata or any company or agency providing services on its behalf.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless Sitata Inc, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Sitata Inc, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
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.
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.
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 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; medical or health related information delivered to you through Sitata’s Services; points of interest and location-based information; 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.
Disclaimer And Non-Waiver of Rights
Sitata Inc makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Sitata Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Sitata Inc chooses not to immediately act, or chooses not to act at all, Sitata Inc will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Sitata Inc does not waive any of its rights. Sitata Inc shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Copyright and Trademark Notices
All contents of this Website and Services are: © 2020 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.
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 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.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms, please contact us.