This is a contract between You and Carl - Fleet Owner Portal, setting out the terms and conditions that govern your use of, and interaction with, the Carl - Fleet Owner Portal (“Website”).
- If you do not agree to any or all of the Terms, please do not use the Website
- We reserve the right, at our discretion, to change these Terms at any time. If, in our reasonable opinion, any such change will be detrimental to you, we will give you 30 days' advance notice of the change, and we will ask you to confirm your acceptance to the revised Terms
- If you do not confirm or notify us that you agree to the changed terms during the notice period, your continued use of the Website will indicate your acceptance of any changes to the Terms
3. Your Relationship with Us
You understand and agree that by using the Website, no legal partnership or agency relationship is created between you and us.
4. What We Offer You
- We offer you use of the Website, so that you may compare car rental prices, and book a rental car, with different suppliers and in different countries around the world.
- When you book a rental car through the Website, or acquire associated products and services, you will be interacting with website’s, products and services that are made available by third parties who offer car rental products and services and associated products and services (“Third Party Provider”).
- You agree and acknowledge that we do not control, vet or curate Third Party Provider websites or content, and that Third Party Provider websites or content do not form part of our Website. We are not affiliated with, and do not endorse, any of the Third Party Providers whose products or services are displayed on or via the Website.
- Subject to clause 6 (Cheapest Price Guarantee) we do not warrant or represent that the information or representations displayed on or via the Website by a Third Party Provider, including without limitation:
- fitness or suitability of any product or service advertised;
- booking and/or vehicle availability;
- vehicle features;
- vehicle make and model; or
- vehicle insurance,
- (together, “Booking Information”) is accurate, complete, relevant or up-to-date.
- While we endeavor to display the correct Booking Information, you acknowledge and agree that Booking Information is controlled and provided solely by Third Party Providersthinkin, and we do not and cannot verify its accuracy or completeness.
- You acknowledge and agree that our and Third Party Provider systems are not free of faults, and Website downtime may occur. The Website may become unavailable due to planned or unplanned maintenance or circumstances beyond our control, including without limitation acts of third party telecommunications service suppliers or acts of God.
- Subject to the Non-excludable conditions set out in clause 10 below, we do not warrant that the Website will function correctly or at all, be operational and/or free of interruption, delays or faults. For the avoidance of doubt and without limitation you will not be entitled to a refund as a result of any service outages that are caused by maintenance on the servers or the technology.
6. Your Dealings with Us and Third Party Providers
- As a condition of your use of the Website, you warrant that you will not use the Website for any unlawful or prohibited purpose; you will only use the Website to make legitimate bookings for you, or for another person for whom you are legally authorized to act; and you have informed all relevant persons about these Terms that apply to the bookings you make on their behalf.
- You understand and accept that you must be at least 21 years of age and hold a full Australian drivers license to make a rental car booking in Australia, or otherwise you must be of the minimum permitted age and meet the minimum license requirements to make a rental car booking in the jurisdiction to which the rental car booking relates (“Eligibility Requirements”). If you do not meet the relevant Eligibility Requirements you accept that:
- your rental car booking may be invalid; or
- the Third Party Provider may charge you additional fees when you collect the vehicle.
- When you use the Website, we, or a Third Party Provider may ask you to provide certain information that will assist us, or a Third Party Provider, to fulfill your booking or otherwise provide you with services (“Your Information”). By providing Your Information to us or a Third Party Provider via the Website, you represent and warrant that Your Information:
- is accurate, complete and up-to-date; and
- is not misleading or deceptive, or capable of misleading or deceiving.
- When you make a booking via the Website, the Third Party Provider will require you to agree to their terms and conditions before making a booking. Upon acceptance, those terms and conditions will govern your dealings with the Third Party Provider.
- Unless otherwise agreed or permitted by us in writing, you cannot share or transfer any benefits you receive from the Website. Any booking you make with a Third Party Provider via the Website cannot be transferred or assigned in any way, unless the transfer or assignment has been agreed with the third party provider.
7. Intellectual Property and Restrictions
- You acknowledge that we own, or are licensed to use, all intellectual property rights in the Website and nothing in these Terms gives you any rights, title or interest in the Website.
- You must not modify, publish, communicate to the public, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Website in whole or in part. You must not decompile, reverse-engineer, disassemble, attempt to derive the source code of any software or security components of the Website, except as permitted by non-excludable law.
- We may terminate or suspend your right to use and interact with the Website at any time in our sole discretion, and we reserve the right to deny your reapplication at any time in our sole discretion.
- You may terminate your participation with the Website at any time for any reason. If you terminate your participation under this clause, you understand and accept that the information you have provided (including any personal information) may still be available to us, or a Third Party Provider. Your termination of these Terms does not affect any agreement or relationship with a Third Party Provider.
- Upon any termination or, at our discretion, suspension of all rights and licenses granted to you by us will cease immediately, including your right to use and access the Website.
- For the purposes of this clause 10, “Non-excludable Condition” means an implied condition, warranty or guarantee the exclusion of which from a contract would contravene any statute (including the Competition and Consumer Act 2010 (Cth)) or cause any part of this Agreement to be void.
- Except for any express warranty under these Terms or any Non-excludable Condition, we exclude any warranties express or implied by any legislation, the common law, or otherwise.
- Except for liability in relation to breach of any Non-excludable Condition and liability under clause 9(e), our total liability to you in contract, including for one or more breaches of any express term or terms of these Terms (in aggregate), tort (including in negligence), statute, or otherwise, is to the extent permitted by law limited to AUD $50.
- Our total liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- Except for liability in relation to breach of any Non-excludable Condition we exclude all liability to you for lost profits, lost revenue, lost savings, lost business, loss of opportunity and any consequential or indirect loss arising out of, or in connection with, the Website, and any claims by any third person, or these Terms, even if we knew that loss was possible or the loss was otherwise foreseeable.
- To the extent permitted by applicable law, you agree to indemnify and hold harmless, us, our directors, officers, employees, independent contractors and agents from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, legal fees and court costs (collectively, "Losses"), arising from or related to your use of the Website, including but not limited to any of the following:
- your breach of any warranty in these Terms;
- any failure by you to inform yourself of the Eligibility Requirements prior to your booking;
- your violation of any third party right;
- our lawful disclosure of Your Information to a Third Party Provider, and any Third Party Provider's lawful use of Your Information; or
- your breach of any agreement with a Third Party Provider.
- This indemnity will survive termination of these Terms.
11. Governing Law
These Terms will be governed by and construed in accordance with the laws of the New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.
- No delay or failure to take action under these Terms will constitute a waiver unless expressly waived in writing, signed by our duly authorized representative, and no single waiver will constitute a continuing or subsequent waiver.
- We may subcontract or outsource the performance of any part of these Terms in our sole discretion.
- If any provision is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
- These Terms constitute the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings regarding such subject matter.
- Any variation of these Terms must be in writing and signed by each party.