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| User Agreement |
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PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY . |
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Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your acceptance of these terms and conditions. If you do not agree with any part of the following terms and conditions, you should not use this site at all. |
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1. Ownership: This site, and each of its modules, along with the arrangement and compilation of the content found on this site including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights, worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes, and they are the copyrighted property of Budget Rent A Car Of Kenya and/or its various third party providers and distributors. All rights reserved. Third party providers and distributors may own much of the content found on this site and, specifically, certain data relating to schedules may be the copyrighted work of other information providers. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of Budget Rent A Car Of Kenya its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of Budget Rent A Car Of Kenya |
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2. Use Of Site: We grant you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations, software, products and services may not be copied, reproduced, republished, uploaded, posted, displayed, performed, published, licensed, created derivative works from, transferred, sold, transmitted or distributed without the written permission of WWW. BUDGET-KENYA.COM , and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site. You agree not to transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise whatsoever. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that we deem in our sole discretion to be unreasonable or disproportionate to the benefits we derive from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. This web site may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. We will use reasonable commercial efforts to keep our site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to this web site may not be uninterrupted or available at all times. We cannot promise that the site will be error-free, that defects or errors will be corrected or that our site or the servers that make it available are free from viruses or other harmful components. |
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You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations. You agree not to export or re-export the Software, directly or indirectly, to any countries |
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3. Age And Responsibility: It is your responsibility to maintain the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You assert that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You agree to be financially responsible for all uses of this site by you and those using your login information. |
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4. Privacy: You have read the web site's Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Budget Rent A Car Of Kenya and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the policy. |
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5. Review Of Transmissions. We may monitor and review any information transmitted or received through this site and we reserve the right to sensor, edit, remove or prohibit the transmission or receipt of any information that we feel is inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and you consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant Budget Rent A Car Of Kenya and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. We take no responsibility and assume no liability for any content posted or submitted by you. |
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6. Currency Converter: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but, Budget Rent A Car Of Kenya its affiliates, and/or their suppliers do not warrant or gurantee such accuracy. When using this information for any financial purpose, Budget Rent A Car Of Kenya advises the customer to consult a qualified professional to verify the accuracy of the rates. Budget Rent A Car Of Kenya, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the resale, redistribution, and use of this information for commercial purposes. |
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7. Exclusion Of Warranty: Budget Rent A car of kenya and any third party providers and
distributors make no warranty or representations about the suitability of the information, software,
products, and services contained on this web site for any purpose or of any kind regarding this site and/or
any materials provided on this site, all of which are provided on an "as is" basis. Budget Rent A Car of
kenya and any third party providers and distributors do not warrant the accuracy, completeness, currency or
reliability of any of the content or data found on this site and such parties expressly disclaim all
warranties and conditions, including implied warranties and conditions of merchantability, fitness for a
particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course
of dealing or usage of trade. neither budget rent a car of kenya nor any third party providers or
distributors warrant that this site, its servers or any e-mail sent from us are free of viruses or other
harmful components. his warranty gives you specific rights that vary from state to state.Changes are
periodically added to the information herein. |
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8. Limitation Of Liability: Budget Rent A Car Of Kenya assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall we or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non performance by this site or any third party providers or distributors, even if such party has been advised of the possibility of damages to such parties or any other party. |
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You expressly agree that use of this web site is at your sole risk. you assume the entire cost of all necessary servicing, repair or correction of your system. you expressly agree that neither us, nor our affiliated or related entities (including providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this web site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this web site or any other linked site. without limiting the generality of the foregoing, and related persons and entities budget rent a car of kenya shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site. you expressly acknowledge that budget rent a car of kenya is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. |
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If, notwithstanding the foregoing, Budget Rent A Car Of Kenya or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of shall in no event exceed, in the aggregate, (a) the subscription fee and service charge for accessing this site .In our sole discretion, in addition to any other rights or remedies available to us and without any liability whatsoever, we may at any time and without notice terminate or restrict your access to any component of this site. |
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| 9. Indemnification: You shall defend and indemnify Budget Rent A Car Of Kenya and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site. |
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10. Links: This site contains links to other Web sites, which are provided solely as a convenience to you and not as an endorsement by Budget Rent A Car Of Kenya, its third party providers or distributors of the contents of such other Web sites. None of us or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. You access these sites at your own risk. |
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11. Relationship: The relationship between Budget Rent A Car Of Kenya and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. |
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12. Governing Law: : This Agreement and its performance shall be governed by the laws OF KENYA , without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts of the State, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your use of this site must be brought within two (2) years from the date on which such claim or action arose. |
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13. Attorney's Fees: : If Budget Rent A Car Of Kenya or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. |
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14. Injunctive Relief: You acknowledge that a violation or attempted violation of this User Agreement and these terms and conditions will cause such damage to Budget Rent A Car Of Kenya as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, Budget Rent A Car Of Kenya shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Budget Rent A Car Of Kenya in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. |
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15. Termination: Budget Rent A Car Of Kenya may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which Budget Rent A Car Of Kenya and its third party providers and distributors may be entitled, at law or in equity. Upon termination, all rights granted to you will terminate and revert back to Budget Rent A Car Of Kenya and its third party providers or distributors, as applicable. |
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| 16. Assignment: You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. |
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17. Modification: We may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. |
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18. Additional Terms: Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. |
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19. Severability: These terms and conditions shall be deemed sever able. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. |
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20. Headings: The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. |
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21. Third Party Rights: These Terms are for the benefit of Budget Rent A Car Of Kenya and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. |
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22. Entire Agreement: This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site. |
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