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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 guarantee 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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