GENERAL TERMS AND CONDITIONS OF WEBSITE USE
Last updated [ ], 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE BY USING THIS WEBSITE YOU ACCEPT THESE TERMS
We offer and operate this website, subject to the following terms and conditions (the “Terms”). Please read these Terms carefully before using this website. By using this website, you accept these Terms and agree to comply with them. If you do not agree to the Terms, you must not use this website.
We may at any time, at our sole discretion, update and revise these Terms by posting amended Terms on this website. Any changes that we make to these Terms will be effective immediately upon posting. Please check this page every time you wish to use our site for changes to these Terms so that you understand the terms that apply at the time. You will be able to determine if these Terms have been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this webpage. Your use of this website following the posting of any changes constitutes acceptance of those changes.
In these Terms, the terms “we” and “us” mean Go Car Investments Inc. (“GCI”), a limited liability company incorporated under the Companies Act, Cap. 308 of the laws of Barbados, trading under the registered business name ‘GO Rent A Car’. We operate a vehicle rental businesses and, on a more limited scale, retail vehicle sales and claims administration businesses. Our “affiliates” at any time are the companies (other than us) that at the time control us or are under common control with us; the terms “we” and “us” do not include our affiliates.
You must be at least 21 years of age to use this website. If you are not at least 21 years old, you must not access or use this website.
Copyright. Formal notice of copyright ownership appears on the website. All rights reserved. Barbados and international copyright laws protect all images, text, programs, and other materials found on this website (the "Site Materials"). Any commercial use of any of the Site Materials is prohibited without the express written consent of GCI or a license to do so from GCI. You agree not to change or delete any copyright, trademark or other proprietary notices from materials displayed on or downloaded from this website, and acknowledge that you do not acquire any ownership rights by using this website or the Site Materials. Our status (and that of any identified contributors) as the authors of content on this website must always be acknowledged.
Trademarks. We or our affiliates own certain unregistered service marks including, without limitation, “GO Rent A Car”. Names, logos, signs, symbols and other marks identifying our products or services and our affiliates’ proprietary marks are protected by Barbados and certain international trademark laws. All other trademarks and service marks used on this website are the trademarks, service marks, or logos of their respective owners. You are not permitted to use: (i) our trademarks or those of our affiliates without consent, or (ii) any other trade and service mark used of this website without the consent of the relevant owners.
Registration. Access to some areas and use of some functions of this or our other websites may require you to be or become a participant in or a member of a particular GO Rent A Car program. When and if you register to become a participant or member, you agree to:
(a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address), and
(b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete.
Code of Conduct. While using this website and/or the Site Materials, you agree not to:
Restrict or inhibit any other visitor from using this website, including, without limitation, by means of "hacking," "denial of service" attacks or defacing any portion of this website;
Use this website or the Site Materials for any unlawful or unauthorized purpose or in any way that breaches: (a) any applicable local, national or international laws or regulations, or (b) these Terms.
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit: (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about us, any of our licensees or affiliates, or any third party without the authorization to do so; (c) any trade secret of ours, any of our licensees or affiliates, or any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile, or disassemble any portion of this website or the Site Materials;
"Frame" or "mirror" any part of this website without our prior written authorization;
Tamper in any way with the software or functionality of this website, including, without limitation, transmitting or posting any software or other materials to this website that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept, or expropriate any system, data, or information;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents;
Harvest or collect information about visitors to this website without their express consent;
Create a database by systematically downloading and storing all or any of the information on this website;
Make postings of a commercial nature;
Permit others, including those whose accounts were terminated, to access this website through your account, username or password;
reproduce, duplicate, copy or re-sell any part of this website, including its code; and
access without authority, interfere with, damage or disrupt:
• any part of this website;
• any equipment or network on which this website is stored; or
• any software used in the provision of this website.
Failure to comply with the Code of Conduct section set out above constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal (as determined by us) of your right to use this website.
• Issuance of a warning to you.
• Legal action against you.
• Disclosure of such information to law enforcement authorities that we reasonably view as necessary.
The actions described above are not limited or exhaustive, and we may take any other action we reasonably deem appropriate.
We reserve the right, without prior notification, to change any descriptions or images of, or references to, any products or services on this website, or to limit the order quantity on any such product or service and/or reasonably refuse service to you. By your use of this website, you acknowledge that descriptions or images of, or references to, third party products or services do not necessarily imply our endorsement of such products or services.
Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise required by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice. By your use of this website, you acknowledge that reservations, purchases and services are subject to additional terms and conditions imposed by us or by our affiliates, licensees or associates.
A summary of our current policies regarding vehicle rental rate quotes, reservations and prepaid rentals is set out in our terms and conditions of supply which is accessible via a link provided on the homepage of this website. If you make reservations, purchases or orders from this website, our terms and conditions of supply will apply to the same.
Links To Other Sites. This website may contain links to other Internet websites and online resources. These links are provided for your information only. Links on this website to other websites or resources shall not be construed as endorsement, control, review or approval of such other websites by us. We have no control over the content of those sites or resources. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such website or content. Further, the treatment of user data by the operators of third party websites may be different from our treatment of user data. For details regarding such operators' treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.
Linking to Our Site. You may link to our home page only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form or association, approval or endorsement on our part where none exists. You must not establish a link to our website on any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these Terms.
Accuracy of Information. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. Although we strive to ensure the accuracy of the information found on this website, neither we, nor our affiliates, licensees, suppliers, or agents, can be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information provided on this website. We make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.
Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW OR IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. WE AND OUR AFFILIATES, LICENSEES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THIS WEBSITE OR THE SITE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR RELATED SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THIS WEBSITE, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE, OR STATEMENT OF US OR OUR AFFILIATES, LICENSEES, SUPPLIERS, AGENTS, OR VISITORS, WHETHER MADE ON THIS WEBSITE, IN THE SITE MATERIALS, OR OTHERWISE, SHALL CREATE ANY WARRANTY, UNLESS OTHERWISE EXPRESSLY PROVIDED BY APPLICABLE LAW OR IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK.
Conflicts. In the event a conflict arises between any information posted on this website, these Terms, and/or any contract you have with us, the terms of your contract with us will prevail over these Terms and the information posted on this website, and these Terms will prevail over information posted on this website.
Limitation of Liability. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU AGREE THAT SUBJECT TO APPLICABLE LAW NEITHER WE, NOR ANY OF OUR AFFILIATES, LICENSEES, SUPPLIERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, LOST DATA, INTERRUPTED COMMUNICATIONS, DAMAGES, EXPENSE, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE ARISING IN CONNECTION WITH:
THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING OR ARISING FROM YOUR RELIANCE ON THIS WEBSITE OR ANY INFORMATION OR MATERIALS FOUND ON THIS WEBSITE OR HYPERLINKED FROM THIS WEBSITE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, EAVESDROPPING BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THIS WEBSITE;
GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, POWER FAILURES, LARGE INCREASES IN ON-LINE ACTIVITY IN A SHORT PERIOD OF TIME (USAGE SPIKES), VIRUSES, CATASTROPHIC HARDWARE FAILURES, ATTACKS ON OUR SERVERS, FIRES, EARTHQUAKES, FLOODS, UNUSUALLY SEVERE WEATHER, OR ANY OTHER CONDITION BEYOND OUR REASONABLE CONTROL LIMITING, PREVENTING OR OTHERWISE AFFECTING EITHER YOUR ACCESS TO OR USE OF THIS WEBSITE OR SITE MATERIALS OR OUR ABILITY TO PROVIDE PRODUCTS OR SERVICES IN CONNECTION WITH, OR RESERVED OR ORDERED THROUGH, THIS WEBSITE; OR
LOSS OF SECURITY OF INFORMATION OR PERSONAL DATA, INCLUDING CREDIT CARD INFORMATION, YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THIS WEBSITE, OR INTERCEPTION OF ANY SUCH INFORMATION BY UNAUTHORIZED THIRD PARTIES.
YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE AND/OR SITE MATERIALS CONTAINED WITHIN THIS WEBSITE IS TO STOP USING THIS WEBSITE AND/OR SITE MATERIALS, AS APPLICABLE.
Indemnification. Without limiting the generality or effect of other provisions of these Terms, you agree to indemnify, hold harmless, and defend us, our affiliates, licensees, subcontractors, and agents, and each of our or their officers, directors, shareholders and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from: (a) your breach or alleged breach of these Terms, including any violation of the Code of Conduct section set out above; and (b) your use of this website and engagement in transactions on this website including, but not limited to, use of the Site Materials.
Availability of this Website. This website is made available free of charge and is usually available 24 hours a day, 7 days a week. However, we retain the right to make this website unavailable, suspended or restricted from time to time for any reason or no reason. We shall not be liable for any damages arising from any interruption, suspension, or termination of this website.
Void Where Prohibited. Although this website is accessible worldwide, not all products or services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access this website do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. You may not use or export the Site Materials or products and services that may be available through this website in violation of applicable export laws and regulations. We, and our affiliates, licensees, suppliers and agents, reserve the right to limit the availability of this website and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.
Applicable Law. These Terms (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the Barbados and you and we hereby agree to irrevocably submit to the exclusive jurisdiction of the courts of Barbados.