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WEBSITE USER CONDITIONS
GE Capital Fleet Services BV on its own behalf and for and on behalf of its subsidiary and associated companies which are also active in the provision of car leasing, financing and fleet management services in Europe ("GECFS") makes available information, materials and services on this Site, subject to the following terms and conditions. By accessing, using and/or downloading this Site, materials from it and the services available through it, you agree on your own behalf and on behalf of each entity and person on whose behalf you act to abide by the terms and conditions set forth below and the specific terms, conditions and notice contained on the Site and materials on the Site. If you do not agree to this you should not use this Site, download materials from it or use the services available through it.
NO UNLAWFUL OR PROHIBITED USE
You shall not use the Site or the materials on it for any purpose which is unlawful or which is prohibited by the terms and conditions contained herein.
PASSWORDS AND USER IDENTIFICATION NUMBERS
Access to the Site may be restricted by use of passwords and user identification numbers (“Passwords and User Identification Numbers”). Where this is the case Passwords and User Identification Numbers are personal to those to whom they are issued. They shall not be transferred. You must maintain Passwords and User Identification confidential and secure at all times. Any known or suspected loss, theft, disclosure or misuse of Passwords and User Identification Numbers must be promptly notified to GECFS. You shall be responsible for any and all use (including without limitation unauthorised use) of the Passwords and User Identification Numbers
USERS LIABILITY
You shall be responsible to GECFS in respect of all loss, liability, damage, cost or expense (including without limitation reasonable legal costs and expenses) which GECFS may suffer or incur directly or indirectly, wholly or in part, arising out of or in connection with you use or misuse of the site or failure to observe the terms and conditions contained herein in or any specific terms and conditions or notices.
PROTECTION OF CONFIDENTIAL INFORMATION GECFS
will take all reasonable steps, including without limitation the use of passwords and the establishment of firewalls, to protect confidential information of the Site. However use of the Site shall be at your own risk and GECFS shall have no liability in respect of any breach of confidentiality.
MATERIAL AVAILABLE ON THE SITE
The Site (including without limitation features of their construction and design) and the material (which shall include without limitation information, data, graphics, logos, sounds and documents) contained on the Site (the “Materials”) contains proprietary information, trade secrets, copyright works and trademarks of GE, GECFS, its affiliates and third parties. As such the Site and Materials are protected by laws relating to confidentiality, copyright, trademarks and other intellectual property rights. You shall not make any use of the Site or the Materials other than for the purpose for which it is made available. In particular the Materials shall not be modified, reproduced, republished, uploaded, posted, transmitted or downloaded other than for the purpose for which it is made available. This authorisation does not transfer title to any Materials and any copyright or other notices must be retained on all copies of the Materials.
SOFTWARE AVAIALABLE ON THE SITE
Software that is available to download from the Site (if any) (“Software”) is the copyrighted work of GECFS, its affiliates and/or its suppliers. It is made available on a non-exclusive basis to you solely for the purposes for which it is made available. Where a licence accompanies any Software the installation and use of such Software will be subject to the terms of that licence. The Software shall not be used for any other purpose, including without limitation, copying for further redistribution, selling, de-compiling and reverse engineering.
GECFS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TRADEMARKS The GECFS name and GE logo are registered trademarks of the General Electric Company (USA). You must not use (such as without being limited thereto, download) these or any other registered (such as "Avis Fleet Services") or unregistered trademarks displayed on this Site without GECFS’s prior written approval.
ACCURACY OF INFORMATION
Where you have the ability to provide information to the Site you shall use your reasonable endeavours to ensure the accuracy of any information.
GECFS shall be entitled to rely on any information provided and action any request where such information has been made available by or request given by you. In the event that any inaccuracy comes to GECFS’s attention, such inaccuracy shall be corrected by GECFS as soon, as is reasonably practical.
LINKS TO THIRD PARTY SITES
The Sites may contain links to and frames around other web sites not operated by GECFS. Such links and frames are provided for convenience only. The existence of such links and frames is only for the purposes of informing you of sources of related information on the Internet. It does not indicate or imply any endorsement of the web site or material contained on it nor any endorsement of or association with the operator of the web site. You enter such web sites at your own risk.
GECFS SERVICES AND PRODUCTS
Information GECFS publishes on this or other Sites may contain references or cross references to products, programs and services of GECFS or its affiliates or business partners that are not announced or available in your country. Such references do not imply that GECFS or its affiliates or business partners intend to announce such products, programs or services in your country. Consult your local GECFS business contact for information regarding the products and services which may be available to you.
ON LINE COMMUNICATIONS
Where the Site contains on line communication facilities (which shall include without limitation chat areas, news group and bulletin boards) such facilities must only be used to send and receive messages and material that is proper. By way of example and without limitation you will not:
Defame, abuse, harass, threaten or otherwise violate the legal rights (such as privacy and publicity) of others
Disseminate any material which is defamatory, indecent, obscene or otherwise unlawful
Upload files protected by law (unless you have the right to do so) or contain viruses or other programs which may damage the operation of a hardware, software or networks of another
Advertise or sell goods or services or conduct surveys, contests or circulate chain letters.
PERSONAL DATA
Personal data will be collected, processed and used by GECFS, GECFS’s affiliated or associated companies and its service providers for the purpose of providing the access on the Web site, the Services and to facilitate transactions you enter into with GECFS through the access. GECFS is part of a global business and so personal data may be transferred to, processed and held in the United States and in other countries by GECFS, GECFS’s affiliated or associated companies or its service providers. You hereby consent to such transfer and processing. Such transfer and processing shall be carried out in accordance with relevant legislation. GECFS will not without your prior consent (by means of opt-out or opt- in in accordance with applicable law) transfer any personal data to third parties or use such personal data for direct marketing purposes. Further information on GECFS data privacy policy can be found at privacy policy.
“AS IS” GECFS, its affiliates and suppliers, make no representations about the suitability, reliability, timeliness and accuracy of the Materials, Software and Services contained on the Site for any purposes. ALL SUCH MATERIALS, SOFTWARE AND SERVICES ARE PROVIDED ON “AS IS” WITHOUT WARRANTY OF ANY KIND. GECFS, ITS AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, SOFTWARE AND SERVICES INCLUDING TO THE EXTENT PERMISSIBLE BY LAW ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON INFRINGEMENT.
LIMITATION OF LIABILITY TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL GECFS, ITS AFFILIATES AND SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS OUT OF ANY DELAY OR INABILITY TO USE THE SITE, THE PROVISION OR THE FAILURE TO PROVIDE SERVICES OR ANY MATERIAL, SOFTWARE OR SERVICES THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE
Any proceedings against GECFS by a Customer shall be commenced within three months of the claim arising.
WITHDRAWAL OF OR CHANGE TO THE SERVICE AND ACCESS RESTRICTION GECFS shall, be entitled change the terms and conditions and notices upon which the Site or Services are provided upon notice. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of this Site after any changes are posted will be considered acceptance of those changes.
GECFS shall at any time be entitled to withdraw, suspend or deny or restrict access to the whole or any part of this Site without notice or liability.
GENERAL If any part of these terms, conditions and notices are deemed to be invalid or unenforceable pursuant to applicable law, including but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in full force and effect.
APPLICABLE LAW These terms and conditions of use are governed by Dutch law and any dispute connected with this Site is subject to the exclusive jurisdiction of the Dutch courts. GECFS makes no representation that materials at this Site are appropriate or available for use at other locations outside of The Netherlands and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of The Netherlands, you are responsible for compliance with all local laws.
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