Last updated: October 1st 2024
These Terms and Conditions (“Terms”) apply to your use of the website, located at https://www.skitterairlines.com/, and our web and mobile apps (collectively the “Service”) and describe your rights and obligations in relation to the use of the Service.
About Us
The Service is owned and operated by Skitter Airlines Canada Inc., a company registered in the province of Quebec with a registered office at World Trade Centre Montréal, 413 rue St-Jacques, Montréal, Quebec, H2Y 1N9 (“Skitter Airlines”, “we”, “us”, “our”).
Access to our Service
The Service is provided on an “as is” and “as available” basis without any representations or warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We provide the Service subject to the Terms set forth herein which may be changed from time to time, without notice, at our sole discretion. By continuing using this Service you agree to be bound by these Terms. If you do not agree to the Terms stipulated herein, you should not access or use this Service.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF A COMPANY, YOU MAY NOT ACCESS OR USE OUR SERVICE.
The Service is reserved for persons who are of full legal age in their province of residence. Skitter Airlines abides by legal restrictions with respect to advertising to children. Parents are invited to monitor their children's Internet usage and are responsible, in their capacity as legal guardian, for determining which websites may or may not be appropriate for their children.
Your access and use of the Service is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out data protection practices and principles we apply at Skitter Airlines. Please read our Privacy Policy carefully before using this Service.
Account Registration
To access and utilize our Service, you must register a user account (“User Account”) and provide certain personal details about yourself. You warrant that the information you provide is accurate, current, and complete, and you agree to promptly update your account information should there be any changes. As the account holder, you are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You are required to notify us immediately, and no later than 72 hours after discovering any unauthorized use of your information or user account, or any other breach of security. We disclaim all liability for any actions or omissions by you, including any damages of any kind incurred as a result of such actions or omissions.
Changes of Terms
These Terms, or any part thereof, may be subject to modification, additions, or removals at any time at our sole discretion. We reserve the right to update or revise these Terms to reflect changes in our services, legal requirements, or for any other reason. Any such modifications, additions, or deletions will become effective immediately upon posting on our platform unless stated otherwise.
In the event of material changes to these Terms, which could significantly impact your rights or obligations, we will provide you with advance notice. Such notice will be provided at least 30 days prior to the effective date of the material changes, either through email, a prominent notice on our platform, or other reasonable means. This period is intended to give you the opportunity to review the changes and decide whether to continue using the Service.
Your continued use of the Service following the posting of any changes, or after receiving notice of material changes, will be considered your acceptance of the modified Terms. If you do not agree with the changes, you must discontinue use of the Service before the changes take effect.
Links to Third-Party Websites
This Service may contain links to third-party websites that are not owned or controlled by us. We do not have control over and disclaim any responsibility for the content, information and privacy practices of such third-party websites. You hereby acknowledge and agree that Skitter Airlines 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 the use of or reliance on any such content, information and privacy practices of any such third-party websites. We strongly recommend you read the terms and conditions and privacy policies, as well as the cookie policies of any third-party websites that you visit.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances shall we, our subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising out of or in any way related to the use of or inability to use this Service or the contents and information thereof.
Usage Policy
Your access and use of this Service shall be subject to the Terms set out herein. You are entitled to use the Service in a lawful manner only. Particularly you must ensure that:
(a) you do not use the Service in any way, or for any purpose, that is unlawful or fraudulent;
(b) you do not interfere with or disrupt the Service or the servers or networks connected to the Service;
(c) you do not reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any commercial purpose, any portion of the Service;
(d) you do not engage in any activity that would constitute a criminal offence or give rise to civil liability;
(e) you do not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Service.
Your failure to respect the aforementioned provisions may give rise to our right to take one or more of the following actions:
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suspend, whether temporarily or permanently, your right to access the Service and services thereof;
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initiate legal proceedings against you for compensation of any and all relevant costs on an indemnity basis resulting from your breach;
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disclose such information to law enforcement authorities as required or as we deem reasonably necessary;
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any other action that we think to be appropriate.
We expressly exclude any and all liability arising out of any actions, including without limiting to those set out above, that we may take in response to breaches of these Terms.
Disclaimer of Warranties
Your use of the Service is at your sole risk, and Skitter Airlines does not guarantee that the Service, its servers, or any communications sent from Skitter Airlines are free of viruses or other harmful components. Skitter Airlines does not warrant the accuracy, completeness, or timeliness of the information provided through the Service, and any reliance on such information is at your own risk. Furthermore, Skitter Airlines is not responsible for any third-party websites or services linked through the Service and does not endorse, guarantee, or assume liability for their content, availability, or practices. In no event shall Skitter Airlines be liable for any damages arising from your use of the Service, including direct, indirect, incidental, punitive, and consequential damages, except where such liability cannot be excluded under applicable law. Some jurisdictions may not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, but they shall apply to the fullest extent permitted by law.
Provision of Service
Skitter Airlines reserves the right to modify, suspend or discontinue all or any portion of the Service with or without notice. Skitter Airlines will not be liable to any user, or any third party, should Skitter Airlines exercise such right.
Skitter Airlines does not represent, warrant or guarantee continuous, uninterrupted or secure use of the Service, or that the operation of the Service will be uninterrupted or error-free. Use of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Intellectual Property Rights
All content generated by us (including, but not limited to text, graphics, user interfaces, photos, audio, video, computer code and all other forms of information or data) on this Service and the copyright and other intellectual property rights applicable to that content, unless specifically labelled otherwise, belongs to us or has been licensed for our use.
You are not allowed to reproduce, copy, sell, distribute, rent, sub-license, store, or in any other manner reuse content of this Service unless there is an express written permission to do so provided to you by us.
Our status as the owner and author of the content on this Service (or that of identified licensors, as appropriate) must always be acknowledged. You are not allowed to use any content saved or downloaded from the Service for commercial purposes without first contacting us and, where relevant, obtaining a license from us (or our licensors, as appropriate) to do so. However, the aforementioned provision does not apply to the normal access, viewing and use of the Service for general information purposes whether by business users or consumers.
You may not use our trademarks, trade names, service marks, logos, domain names, and other distinctive brand features, regardless of whether they are registered or not.
As we require others to respect our intellectual property rights, we respect the intellectual property rights of others. In case you believe that content located on the Service violates your copyright or any other applicable intellectual property right we encourage you to notify us about this. We will, to the best of our ability, respond to all intellectual property infringement notices and take appropriate actions including removing the infringing content.
Feedback
If you provide any essays, works of authorship, or other submissions (collectively, “Feedback”) related to your use of the Service, you agree that we may use, modify, and act on such Feedback worldwide without owing you royalties or other compensations. This includes the right to reproduce, distribute, and display the Feedback, and to create new materials from it. You confirm that your Feedback is original, that you have all necessary rights to it, and that it does not infringe on any third party's rights, including intellectual property, privacy, or publicity rights. These rights remain in effect even after your User Account or use of the Service ends.
Termination
You may discontinue your engagement with the Service at any time by submitting a termination request via email to support@flyskitter.com or by following the steps to deactivate or delete your User Account through the Service. Skitter Airlines retains the authority to terminate a user’s engagement with the Service at its sole discretion. Grounds for such termination include, but are not limited to, violation of any Terms, or participation in activities detrimental to the Service or other users.
The removal of a User Account does not result in the immediate removal of the data associated with that account. For legal and law enforcement purposes, we will retain your data for a certain period of time following the deletion of your account. This retention period ensures that we comply with applicable legal obligations and assist in any necessary investigations.
Indemnification
You agree to indemnify and hold Skitter Airlines and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Applicable Law & Dispute Resolution
For any use of the Service, you agree that the laws of Quebec and the applicable laws of Canada, without reference to principles of conflict of laws and excluding the United Nations Convention on Contracts for the International Sales of Goods shall apply. You agree to be bound by such laws and to submit to the exclusive jurisdiction of the courts of Quebec, district of Montreal, with respect to the interpretation or application of these Terms.
Severability
If any provision of these Terms becomes invalid or unenforceable for any reason, including being rendered invalid by a court decision, the remaining parts of the Terms will remain valid and enforceable.
Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or rights it may have under these Terms. Our single or partial exercise of any rights it may have under these Terms does not preclude it from exercising any other right, remedy, power or privilege.
Entire Agreement
These Terms, together with our Privacy Policy and any other notices on the Service, form the entire agreement between you and Skitter Airlines regarding your use of the Service. This agreement replaces any prior agreements or communications, whether spoken or written, between you and Skitter Airlines. Any additional terms you provide are not valid unless Skitter Airlines specifically agrees to them in writing. If any part of these Terms is found to be invalid, the rest will still apply.
Contacts
For questions, please contact us at:
Skitter Airlines Canada Inc.
World Trade Centre Montréal
413 rue St-Jacques
Montréal, Quebec
H2Y 1N9