Terms of use

Welcome to the STA Travel Connect enhanced service, provided to you under this agreement between ekit.com, Inc (a Delaware, USA Corporation) (ekit.com), and you. These are the STA Travel Connect Terms of Use that apply to the STA Travel Connect enhanced service (the "Service"). Please read them carefully. By registering for an STA Travel Connect account and checking the "I have read and accept the terms and conditions of the STA Travel Connect Terms of Use." check box you signify that you agree to the STA Travel Connect Terms of Use and that you:

  • Authorise ekit.com, Inc to provide the Service to you;
  • Agree to pay all charges for the Service, including but not limited to the use or misuse by an unauthorised third party, or any error, accidental use or loss in immediately available U.S. funds to be charged through VISA, MasterCard, or American Express Card. Authorisation continues until you give written notice cancelling the authorisation;
  • Acknowledge, to the extent permitted by law, that ekit.com specifically disclaims any liability, loss, damage or risk incurred as a consequence, directly or indirectly, of provision of the Service.
  • Are solely responsible for all charges that are attributable to your account and/or membership number; and
  • Agree that your use of the Service is governed by the ekit.com Terms of Use as varied or amended from time to time.

1. THE SERVICE
The Service is an enhanced or value added system offering a variety of value added features and services in addition to the ability to make international telephone calls and send and receive voice messages by calling a toll free number to access an STA Travel Connect location. The Service includes all products and services which are described on the STA Travel Connect website or which eKit.com otherwise agrees to provide to you.

2. APPLICATION AND VARIATION OF TERMS AND PRICING
This STA Travel Connect Terms of Use, which includes the registration form, sets out the terms on which ekit.com, Inc. provides the Service. ekit.com may from time to time and without prior notice to you, change the nature and operation of the Service and the pricing structure for the Service. The current applicable charges may be found on the STA Travel Connect website or by telephoning Customer Service. By accessing the Service after any change to the STA Travel Connect Terms of Use, the Service or pricing, you agree to be bound by the change.

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3. CHARGES AND USE OF SERVICE
You agree to pre-pay for the Service by debiting your credit card the selected amount. The cost of the Service you use will be debited against the prepaid credit. You acknowledge that you are solely responsible for ensuring that no unauthorised use of your account or PIN occurs and that any risk associated with the transmission of information over the internet or through the Service is borne by you. You agree to pay the charges for use of the Service (whether use of your PIN is authorised by you or not) in accordance with the then current pricing structure. You must notify ekit.com immediately if your PIN is stolen or otherwise passes out of your control so that access by that PIN to the Service can be terminated. Until such notification is received by ekit.com you are responsible for all charges associated with use of the PIN.

4. MEMBER PRIVACY
ekit.com's policy is to respect the privacy of its members. Your personal information is stored in Los Angeles, Zurich and Melbourne. ekit.com will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless ekit.com believes that such action is necessary or if it is required to do so to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ekit.com; (3) enforce the ekit.com Terms of Use; or (4) act to protect the interests of other members or third parties.

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5. MESSAGE CENTER STORAGE, OUTBOUND MESSAGES AND OTHER LIMITATIONS
The amount of storage space per member is limited to 10MB, unless the member has paid an annual fee to upgrade to either the 50MB or 100MB Premium email service, and some messages may not be processed due to space constraints or outbound message limitations. You agree that ekit.com is not responsible or liable for the deletion of, failure to store or non-deliveries of email messages.

6. MEMBER CONDUCT
The Service is provided to individuals only. Any unauthorised commercial use of the Service, or the resale of its services, is prohibited. You must not use the Service to solicit business for any competitive service. You agree to abide by all applicable local, state, national and international laws, regulations, ordinances, by-laws and rules and are solely responsible for all acts or omissions that occur under your account name or password, including, without limitation, the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
A. use the Service in connection with chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
B. harvest or otherwise collect information about others, including email addresses, without their consent;
C. create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
D. transmit through the Service unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material;
E. transmit any material that may infringe the intellectual property rights or other rights of third parties, including without limitation, trade marks or copyright;
F. transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
G. use the Service to violate any applicable law restricting the export or import of data, software or any other content:
H. interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
I. gain or attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or by any other means; or
J. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
K. use the Service in any unethical manner or contrary to accepted community standards.

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7. NO SPAM; DAMAGES
ekit.com will immediately terminate any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition to ekit.com's other rights or remedies, you agree to pay ekit.com the sum of $US5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your STA Travel Connect account (being ekit.com's genuine pre-estimate of the damage which it would suffer), or ekit.com's actual damages, whichever is greater.

8. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessible to you by virtue of membership is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and laws. Unless you are expressly authorised to do so, you must not sell, lease, modify, copy, republish, upload, download, post, broadcast, transmit, or distribute in any way content available through the Service, including code and software. You acknowledge that any information provided by or through STA Travel Connect is for information purposes only and is not intended to constitute professional advice.

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9. ENDORSEMENTS
All product and service marks that appear on the STA Travel Connect web site that are not STA Travel Connect marks are the trade marks of their owners. References to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply endorsement, sponsorship or recommendation of the third party information, product or service.

10. SUSPENSION OF SERVICE
ekit.com may, without notice, suspend the Service or disconnect, deny or restrict your access to the Service: (a) during any technical failure of, modification or maintenance to the Service, but ekit.com will use reasonable endeavours to procure the resumption of the Service as soon as reasonably practicable; or (b) if you use the Service in breach of the ekit.com Terms of Use until the breach (if capable of remedy) is remedied, or if you do or fail to do anything which in ekit.com's opinion may have the affect of jeopardising the operation or integrity of the Service or any other service. Despite suspension, disconnection, denial or restriction of the Service under this clause you remain liable for all charges due throughout the period of suspension, disconnection, denial or restriction.

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11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
To the extent permitted by law all terms, warranties, undertakings, inducements and representations relating to the Service are excluded and ekit.com will not be liable for any loss or damage (including without limitation indirect, special or consequential loss or damage) arising from the Service whether or not caused by any negligent act or omission. If any legislation implies any term or warranty that cannot be excluded, ekit.com's sole liability will be, in the case of goods or services, to resupply of the goods or services, or to pay for the cost of having the goods or services resupplied. To the extent permitted by law, ekit.com is not liable for the unavailability of the Service at any time or for any reason, or for any failure of the Service to submit, receive or accept any calls or messages. To the extent permitted by law, ekit.com disclaims any warranty in relation to the performance, operation, reliability or availability of the Service. Without limiting the preceding provisions of this clause, ekit.com expressly disclaims liability for any loss, damage, costs, expenses and liabilities of whatever nature arising (directly or indirectly) from the use of products proprietary to, or provided by, third parties, or from any recommendation by ekit.com that you use or accept such products.

12. INDEMNITY
You indemnify and will keep indemnified ekit.com and its employees, subcontractors and consultants from and against all actions, claims, demands, costs or expenses made, sustained, brought or prosecuted or in any manner based upon, occasioned by or attributable to the Service including any personal injury to any person (including death) or loss of or damage to property which may arise from or as a result of any breach of the terms of this ekit.com Terms of Use by ekit.com, its employees, subcontractors or consultants or any unlawful or negligent act or omission of ekit.com, its employees, subcontractors or consultants.

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13. TERMINATION
ekit.com will immediately expire the credit balance of the Customer’s account if the Customer has not made a call with their account for a period of 3 months. The credit balance will be re-instated by ekit Customer Service, if the Customer recharges their account. In addition, ekit.com may immediately terminate the ekit.com Terms of Use the provision of the Service if it considers that: (a) you have breached any term of this ekit.com Terms of Use; (b) you are or may be or likely to become insolvent or bankrupt; (c) an unauthorised person is, or may be using, your account; (d) you do not have any prepaid credit. All outstanding charges will become immediately due and payable to ekit.com on giving of notice of termination and in no circumstances shall the Customer be entitled to any refund of payments made.

14. ASSIGNMENT
You cannot assign your rights under the ekit.com Terms of Use without the prior written consent of ekit.com (which will not be unreasonably refused).

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15. GOVERNING LAW
The laws of California govern this Agreement and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that jurisdiction.

16. INDEMNITIES
Each indemnity set out in this ekit.com Terms of Use: (a) is a continuing obligation and remains fully effective until all money owing, contingently or otherwise, under an indemnity has been paid in full; (b) is an additional, separate and independent obligation and no one indemnity limits the generality of another indemnity; and (c) survives the termination of this ekit.com Terms of Use.

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17. INVALIDITY
If a provision of this ekit.com Terms of Use or a right or remedy under it is invalid or unenforceable in a particular jurisdiction: (a) it is to be read down or severed in that jurisdiction only to the extent of the invalidity or unenforceability; and (b) it does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions in any jurisdiction.

18. WAIVER
A single or partial exercise of a right does not preclude a further exercise of that right or the exercise of another right. Failure by a party to exercise a right or delay in exercising that right does not prevent its exercise or operate as a waiver. A waiver is only effective in the specific instance and for the specific purpose for which it is given.

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19. CUMULATIVE RIGHTS
The rights and remedies of a party under these Terms and Conditions do not exclude any other right or remedy provided by law.

20. ENTIRE AGREEMENT
This ekit.com Terms of Use is the entire agreement between you and ekit.com. An understanding, arrangement, representation or provision not expressly set out in it is not binding. All correspondence, negotiations and other communications in relation to its subject matter that precede it are suspended by it and merged in it.

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