Terms and Conditions

Terms

The following terms and conditions apply to use by organizations and individual users of the Services as herein defined (individually, a “User” and collectively, “Users”). You, as a User of the 2433506 ONTARIO INC. d/b/a STAFITS (the “Provider”) Internet site [www.stafits.com] or other sites utilizing Provider’s services (collectively the “Site”) or any of the services offered on the Site, mobile applications such as Apple iOS, Android and BlackBerry (collectively “Applications”) and all content, services and products available at or through the Site or Applications (collectively, the “Services”) is subject to these Terms of Use (“Terms”). By using or accessing the Site, the Services or the Applications, you, a User, are agreeing to be bound by these Terms and agree that you are responsible for compliance with all applicable laws and regulations. If you do not accept any term or condition contained in these Terms, you should immediately discontinue use of this Site. The content appearing on this Site may contain technical, typographical or photographic errors and the Provider does not warrant that any of the materials on the Site are accurate, complete or current.

The Provider may make changes to the materials contained on this Site at any time without notice. It is your responsibility to check these Terms periodically for changes. By using this Site, you agree to be bound by the then-current version of these Terms.

Description of Stafits

The Provider provides a simple and quick means for Users to save funds for the procurement of travel packages (the “Products”) that are offered for purchase by third party travel services suppliers (each, a “Travel Services Supplier”). Users register online with the Provider to obtain a personal user identification and login. Each authorized User will have a travel savings account (a “TSA”) in which funds are deposited for the User’s purchase of Products.

Withdrawals, Payments and Refunds

Deposits into a TSA by a depositor (a “Depositor”) are subject to withdrawal by (or on behalf of) that Depositor. On or before the creation of a TSA for a given User, any such User to whom the TSA is assigned will be advised by the Depositor of any conditions applicable to the User’s access to and use of the funds in the TSA and the basis upon which the funds may be removed by (or on behalf of) the Depositor. The User shall hold the Provider harmless in the event the Depositor of the funds in the TSA of such User is withdrawn for any reason by or on behalf of a Depositor.

Payments for Products that are made on the Site may be transacted through third party payment processors such as PayPal or such other payment processor as may be designated by the Provider from time to time (individually, a “Payment Processor”).

For all Users who use the services of a Payment Processor on the Site, please review the legal agreement for the applicable Payment Processor provided on its website. The Provider makes no warranty about the services offered by any Payment Processor.

Products purchased on or through the Site are not refundable by the Provider. The Travel Services Supplier who sold the Product to the User may offer a refund. Since the refund policy for specific Products vary from one Product to another, it is the responsibility of the User to obtain information about the Travel Services Supplier’s refund policy from the Travel Services Supplier; and the responsibility of the Travel Services Supplier to review, approve or deny refund requests, and to process approved refunds using the Services. The Provider also provides Users with the means to obtain a refund from Travel Services Suppliers if the Travel Services Supplier permits refunds and any such refund payment is to be made to a User.

Registration Obligations

To be a registered User of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the “Registration Data“) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

Account, Password and Security

As part of the Site registration process, Users will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (i) immediately notify the Provider of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. The Provider will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use or misuse of your account. In the event of any dispute between two or more parties as to account ownership, you agree that the Provider shall be the sole arbiter of such dispute in its sole discretion and that the Provider’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Provider’s Ownership of Content and License

The Provider either owns the intellectual property rights or has acquired licenses in all Site content, including without limitation, all copyrights, trademarks, patents or other rights in and to all code, software, text, graphics, icons, videos, images and photographs, together with the selection and arrangement of such contents of the Site (collectively the “Content“). Subject to the provisions contained herein, you are granted a limited, non-transferrable, non-exclusive license to view and access the pages of this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the Content (other than single copies for your own personal use);
  • use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on this Site;
  • remove any copyright or other proprietary notations from the Content;
  • transfer the Content to another person or “mirror” the Content on any other server;
  • engage in any activity that interferes with or disrupts the Services; or
  • engage in any illegal or fraudulent activity or any activity that facilitates fraud.

This license shall automatically terminate if you violate any of these restrictions and may also be terminated by the Provider at any time. On terminating your viewing of this Content or on the termination of this license, you must destroy any downloaded Content in your possession, whether in electronic or printed format.

Your Content

You acknowledge and agree that if you contribute, provide or make available any content to the Site (“Your Content“), you hereby grant to the Provider a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. At its sole discretion, the Provider reserves the right to remove any of Your Content from the Site at any time if the Provider believes that it (i) does not comply with these Terms; or (ii) is objectionable, harmful, offensive, illegal or should otherwise be removed from the Site, as determined by Provider, acting in its sole and unfettered discretion.

Once Your Content, including texts or photos, is posted on the Site, Your Content can be shared, viewed and commented on by other Users and Users may be tagged in content uploaded by other Users. The Provider makes no warranties about the comments, posting, sharing and tagging of Users in the content uploaded and shared on the Site by any other Users. The Provider does not always monitor the content provided by other Users and has no liability for any loss or damages suffered by a User, howsoever caused, as a result of content posted on the Site by any User.

You understand that you are liable for all Your Content, in whatever form, that you provide or otherwise make it available to or through the Site. You agree not to use the Site to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a representative of the Provider or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by the Terms or expressly authorized by the Provider;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • stalk or otherwise harass any person or entity.

Certain Remedial Rights

You acknowledge that the Provider does not always pre-screen Content provided or made available by you or any third party in connection with the Services, but that the Provider and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of Your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that the Provider may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any of Your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of the Provider, other Users and/or the public.

No Endorsement

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than the Provider and the Provider does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, the Provider is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that the Provider is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

No Warranties

All Content on this Site is provided “as is” and the Provider makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. The Provider makes no warranty that;

  • the Services will meet your requirements;
  • the Services will be uninterrupted, timely, secure or error-free;
  • the results that may be obtained from the use of the Services will be accurate or reliable;
  • the Services themselves (or any part thereof) will meet your expectations;
  • the accuracy of any information or contented provided by any User; or
  • any errors in the Services will be corrected.

Release and Indemnity

You agree to release, defend, indemnify and hold the Provider, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, (“Provider Parties”) harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, lost revenue, liability, cost and expense (including, without limitation, reasonable legal fees and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any party (each a “Claim“) due to, arising out of or in connection with:

 

  • your use of the Site;
  • any travel you engage in through the use of the Site or the Services, including, without limitation, any injury to property or persons (including death);
  • your procurement of Products;
  • Your Content;
  • your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of the Services;
  • the removal for any reason of funds in your TSA by or on behalf of the Depositor; and/or
  • your breach of the Terms.

You also agree to release the Provider and each of its Provider Parties from any Claim in relation to any content posted by any other User of the Site.

 

The Provider shall provide notice to you of all Claims, provided however that the failure or delay by the Provider in providing such notice shall not limit your obligations hereunder. The Provider reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting the Providers defense of such matter.

Electronic Transmissions

Without the use of encryption, the Internet is not a secure medium and privacy of any information you electronically transmit to the Provider cannot be ensured. The Provider will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you send to the Provider through the Internet, or that you expressly or implicitly authorize the Provider to send, or for any errors or any changes made to any transmitted information. Please refer to the Provider Privacy Policy on this Site for additional information with respect to the Provider’s handling of personal information.

Limitation of Liability

In no event shall the Provider or any of the Provider Parties be liable for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Site or in reliance on the information available on this Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any pecuniary loss, whether the action is in contract, tort (including negligence) or other legal action. The Provider expressly disclaims any liability for unauthorized use or reproduction of any portion of the Site.

In no event shall the Provider or the Provider Parties be liable for any losses or damages suffered by Users as a result of their use of the Provider to procure Products or as a result of comments or feedback posted on the Site by you or other Users, or as a result of the withdrawal of funds from a TSA by or on behalf of a Depositor. Once Products are procured, they are the property of the specific User who procured the Products. The User may be able to transfer the ownership of Product to another User if permitted by the relevant Travel Services Supplier or otherwise permitted under the benefits program with your employer. All transfers are the responsibility of the User and the Provider has no liability and makes no warranty regarding the cancellability, refundability or transferability of any Products.

Intellectual Property Rights

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers under the DMCA. We may also at our sole discretion limit access to our site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy Policy

All of the information that the Provider collects from you, such as registration information, is subject to the Provider privacy policy and applicable privacy laws. Please go to this webpage to see the Provider’s full privacy policy. This policy is expressly incorporated into and forms part of these Terms.

You acknowledge and agree that certain of the Services may be provided by the Provider’s partners, and that your contact information may be provided to such partners in order for them to provide the Services, and such partners may contact you directly regarding other service offerings (you may opt out of receiving information about a partner’s other service offerings by following the notice procedure set forth below).

Termination

The Provider may, in its sole and unfettered discretion, terminate your right to use or access this Site at any time without notice. Upon such termination, you shall immediately cease any and all use or access of this Site and the Provider shall have no liability or obligation to you in connection with any such termination.

Compliance with Laws

You agree that your use of the Site shall not violate any applicable local, federal or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

General Provisions

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms. If any provision of these Terms is rendered invalid or inapplicable by a court of competent jurisdiction, it shall be severed and the remaining provisions shall remain in force. You shall not assign, transfer, subcontract or part with any of your rights, duties or obligations hereunder. No waiver by the Provider of any right or remedy granted to it hereunder shall be valid unless in writing and signed by the Provider. No delay, failure or partial exercise by the Provider in exercising any rights or remedies hereunder shall be construed as a waiver by the Provider to exercise such rights or remedies and to strictly enforce compliance with these Terms.

Copyright © 2015 2433506 ONTARIO INC. d/b/a STAFITS. All rights reserved.