itinari

Terms of Use

Agreement to the Terms of Use

Please read these terms of use carefully before using this website and the services offered by POSAIA SA ("itinari"). These terms of use set forth the legally binding terms and conditions for your use of itinari website located at www.itinari.com and all other websites and mobile applications owned or operated by itinari and any and all parent, subsidiary or associated companies of itinari (collectively "Website").

BY USING THE WEBSITE IN ANY WAY, INCLUDING NAMELY BROWSING AND USING ANY OF THE SERVICES PROVIDED THROUGH THE WEBSITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN (“TERMS OF USE”), which also incorporate by this reference itinari Privacy Policy and itinari Cookies Policy and all other terms or policies that may be published from time to time on the Website by itinari. In addition, some services such as itinari activities, bookings, content publication or reviews may be subject to additional terms and conditions specified by itinari; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

itinari reserves the right, at any time, without notice to you: (1) to modify or update any of the Terms of Use, said modification or update being effective upon its posting on the Website; (2) to suspend or terminate operation of or access to the Website, or any portion of it, for any reason; (3) to modify or change the Website, or any portion of it; (4) to interrupt the operation of the Website, or any portion of it, as necessary to perform maintenance or other changes.

Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. SHOULD YOU OBJECT TO ANY OF THE TERMS OF USE OR ANY SUBSEQUENT MODIFICATIONS, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE THE USE OF THE WEBSITE.

Trademarks

itinari trademarks including, namely but not exclusively, ITINARI and ITINARI LOGO as shown on the Website and owned by itinari or its affiliated companies are trademarks and/or registered trademarks in Europe and in other countries (collectively, “itinari Trademarks”). Unless otherwise provided by the applicable laws or regulations, the itinari Trademarks may not be used in any manner other than expressly authorized in a written agreement.

Content

All content displayed on or through the website including but not limited to all text, graphics, user interfaces, visual interfaces, photographs, blogs, forums, product descriptions, data sheets, FAQs, videos, logos, trademarks, sounds, music, artwork and computer code (collectively, “Content”), including the arrangement of such Content, is owned, controlled or licensed by or to itinari, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in the Terms of Use or authorized by itinari in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever.

itinari grants you permission to access the Content of the Website and copy the Content or part of the Content so long as you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal and non-commercial informational purpose (3) make no modifications to any such information, and (4) do not make any representations or warranties relating to such Content. No other use of the Content or part of the Content is authorized.

itinari Activities

YOU ACKNOWLEDGE THAT ITINARI DOES NOT PROVIDE CULTURAL, TOURISTIC, SPORTIVE OR ANY OTHER KIND OF ACTIVITIES, DOES NOT FUNCTION AS AN ACTIVITY PROVIDER AND THAT ALL SUCH ACTIVITIES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY ITINARI. YOU AGREE THAT YOU MUST BEAR ALL RISKS ASSOCIATED WITH USING THE CONTENT OF OR CARRYING OUT ANY ACTIVITIY PUBLISHED ON THE WEBSITE AND THAT UNDER NO CIRCUMSTANCES WILL ITINARI BE LIABLE IN ANY WAY FOR ANY ACTIVITY OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY ACTIVITY.

itinari will usually not pre-screen the Activities. itinari does not guarantee the Activities and this Website will be free from content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. itinari is merely acting as a passive channel for such distribution of the Activities and is not undertaking any obligation or liability relating to any Activity. Even in the event itinari chooses to monitor the Activities, itinari shall not assume any liability for the Activities.

User Content

Unless otherwise provided by the applicable laws and regulations, any questions, comments, reviews, or other information submitted to itinari through the Website by any mean (including namely to any public area or through the “contact us” section) shall be deemed non-confidential and itinari shall be free to use, reproduce, disclose and distribute in any manner without limitation.

By posting or transmitting messages, text, files, images, photos, video, sounds, or other materials to any public area of the website, including namely but not exclusively through the “Review” section (“User Content”), you agree to all of the following terms:

  • You automatically grant, and you represent and warrant that you have the right to grant, to itinari an irrevocable, royalty-free, perpetual, worldwide license to use, copy, perform, display, prepare derivative works of and otherwise distribute the User Content, to sublicense the foregoing and you automatically grant all rights necessary to prohibit any subsequent publication, copying, reproduction or exploitation of the User Content by any party for any purpose whatsoever.
  • You shall not take any action or post anything that may expose itinari or other users to any harm or liability of any type. You are solely responsible for the User Content you post and your interactions with other users and, in particular, you represent and warrant that you are responsible for ensuring that any User Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You shall not post content, or a link to a website, that is illegal, offensive, defamatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. You shall not post personal or confidential information. You shall not collect or solicit personal information.
  • You shall not post any advertising, solicitation or commercial content whatsoever on the Website. You shall not post any content that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

itinari will usually not pre-screen the User Content. itinari does not guarantee this Website will be free from content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. You agree that you must bear all risks associated with the use of any User Content and that under no circumstances will itinari be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content. itinari is merely acting as a passive channel for such distribution of the User Content and is not undertaking any obligation or liability relating to any User Content. itinari reserves the right to monitor, edit, remove, or refuse to post or publish any User Content at its own discretion at any time and for any reason. Even in the event itinari chooses to monitor the User Content, itinari shall not assume any liability for the User Content.

Use of the Website

You may not use this Website in a way that violates any law, promotes illegal activities, is prohibited by the Terms of Use or infringes the rights of itinari or any other individual or entity. You may not post content that contains software viruses, programs or other computer code. You may not use any “deep-link”, “robot”, “spider” or other program or methodology to access, acquire, copy or monitor any portion of the Website, the Content and the User Content or any information on any other user of the Website. You may not in any way obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other user of the Website through any means not purposely made available through the Website. You agree that you will not take any action that imposes an unreasonable load on the infrastructure of the Website or interfere with the proper working of the Website. You may not misrepresent yourself, your age or impersonate any other individual or entity. The Website is not available to individuals who are younger than 13 years old.

Register a itinari Account

You may only register a itinari account on the Website if you are 13 years of age or older. In order to purchase products/services from the website and in order to access/use some features on the website, you may register an account (“Account”). By registering an Account, you represent and warrant you have the right and are authorized to provide the information you provide while registering. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify itinari of any security breach of your Account. itinari shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with, and as you use, your Account and you agree to update your Account information to keep it accurate and complete. You agree that itinari may store and use the information and data you provide during the registration of your Account. Do not use or attempt to use another person's account, username or password.

WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ITINARI DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ITINARI DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ITINARI DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. As some jurisdictions do not allow disclaimer of implied warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL ITINARI BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ITINARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF ITINARI WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH OTHER SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, some of the foregoing limitations may not apply.

Indemnity of itinari

You agree to indemnify and hold itinari, its officers, directors, shareholders, predecessors, successors, agents, service providers, suppliers and employees, subsidiaries and affiliated companies and their officers, directors, shareholders, predecessors, successors, agents, service providers, suppliers and employees, harmless from any demands, liability, claims or expenses, including attorneys’ fees and court costs, made by any third party due to or arising out of or in connection with your use of the Website, other services or products received through the Website, any links on the Website, the User Content you submit, your violation or the Terms of Use or your violation of any right of another individual or entity in connection with the Website.

Security and Privacy

itinari cares about the integrity and security of your personal information. However, itinari cannot and does not guarantee that unauthorized third parties will never be able to defeat itinari security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. itinari’s collection and use of any personally identifiable information and credit card information shall be as set forth in the itinari Privacy Policy.

Copyright Infringement

itinari respects the Intellectual Property rights of others and expects its users to do the same. It is itinari’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other Intellectual Property rights of others. itinari will respond expeditiously to claims of copyright infringement committed using the Website that are reported to itinari’s Designated Copyright Agent.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following Notice of Alleged Infringement and delivering it to itinari’s Designated Copyright Agent. Upon receipt of the Notice as described below, itinari will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

The notice of alleged infringement shall include the following information: (1) Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered - you may provide a representative list of the copyrighted works that you claim have been infringed. (2) Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit itinari to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found. (3) Provide your mailing address, telephone number, and, if available, email address. (4) Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to itinari’s Designated Copyright Agent: by email: [email protected]

Third Party Websites

The Website may contain links to other websites which are completely independent of itinari. itinari makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Using said websites is at your own risk.

FORCE MAJEURE

itinari won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond itinari’s reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Applicable Law

The Website is operated from Belgium. User access to this website is governed by all applicable Belgian laws. All information available on the website may also be subject to the laws of the country where you reside. Access in countries where the information, services or products provided on the Website are illegal is prohibited. By using this website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in Europe in compliance with itinari Privacy Policy. If any dispute arises relating in any way to the use of the Website, the services provided through the website or to the Terms of Use, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Belgium.

Severability

If any provision in the Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from the Terms of Use and the remaining provisions are still valid and enforceable.

Termination

itinari reserves the right in its sole discretion to terminate your account, delete your profile and any of your content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. itinari also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Website. You understand and agree that some of your User Content that appears on the Website or on other websites (e.g., Facebook, Google, etc.), may continue to appear on the Website or on other websites even after the User Content is removed or your account is terminated. The Terms of Use shall remain in effect even after your account is terminated.

Getting in touch with itinari

itinari is available to answer any questions. Call us at +32 479 83 42 97, send us a mail to POSAIA SA, 4 rue des Pères Blancs, 1040 Etterbeek, Belgium, or e-mail us at [email protected] Our business hours are Monday - Friday, from 9 am to 6 pm.