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Conditions d'utilisation
Terms & Conditions of Use
Welcome to Rentcars.
Thanks for using our services (“Services”). The Services are provided by Rentcars(“Rentcars”), located at Curitiba, Parana, Brazil.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or services requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
- How to use our Services
- You must follow any policies made available to you within the Services.
- Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
- Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
- Our Services display some content that is not Rentcars’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
- In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
- Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
- Your Rentcars Marketplace Account
- You'll need a Rentcars Marketplace Account in order to use our Services. You may create your own Rentcars Marketplace Account, or your Rentcars Account may be assigned to you by an administrator, such as your employer or company. If you are using a Rentcars Marketplace Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
- To protect your Rentcars Account Marketplace, keep your password confidential. You are responsible for the activity that happens on or through your Rentcars Marketplace Account. Try not to reuse your Rentcars Marketplace Account password on third-party applications.
- Privacy and Copyright Protection
- Rentcars’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Rentcars can use such data in accordance with our privacy policies.
- We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Digital Millennium Copyright Act (DMCA).
- We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Rentcars’s policy about responding to notices in our Help Center.
- Your Content in our Services
- Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
- When you upload, submit, store, send or receive content to or through our Services, you give Rentcars (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
- Our automated systems analyze your content to provide you personally relevant product features, such as customized search results and tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.
- If you have a Rentcars Account, we may display your Profile name, Profile photo, and actions you take on Rentcars or on third-party applications connected to your Rentcars Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your Rentcars Account. For example, you can choose your settings so your name and photo do not appear show.
- You can find more information about how Rentcars uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
- About Software in our Services
- When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
- Rentcars gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Rentcars as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Rentcars, in the manner permitted by these You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
- Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
- Modifying and Terminating our Services
- We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
- You can stop using our Services at any time. Rentcars may also stop providing Services to you, or add or create new limits to our Services at any time.
- We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
- Our Warranties and Disclaimers
- We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
- OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER RENTCARS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
- SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
- Liability for our Services
- WHEN PERMITTED BY LAW, RENTCARS, AND RENTCARS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
- TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF RENTCARS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
- IN ALL CASES, RENTCARS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
- Business uses of our Services
- If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Rentcars and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
- About these Terms
- We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
- If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
- These terms control the relationship between Rentcars and you. They do not create any third party beneficiary rights.
- If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- If it turns out that a particular term is not enforceable, this will not affect any other terms.
- The laws of Brazil, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Curitiba County, Parana, Brazil, and you and Rentcars consent to personal jurisdiction in those courts.
Rentcars Marketplace Agreement
This Rentcars Agreement (the "Agreement") is entered into by and between Rentcars ("Rentcars") and the entity agreeing to these terms ("Rental Company"). This Agreement is effective as of the date you click the "I Accept" button below or, if applicable, the date the Agreement is countersigned (the "Effective Date"). If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions; (b) you have read and understand this Agreement; and (c) you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind your employer or the applicable entity, please do not click the "I Accept" button below (or, if applicable, do not sign this Agreement). This Agreement governs Rental Companies access to and use of the Services.
- 1. Services
- 1.1 Facilities and Data Transfer. All facilities used to store and process Rental Company Data will adhere to reasonable security standards no less protective than the security standards at facilities where Rentcars stores and processes its own information of a similar type. Rentcars has implemented at least industry standard systems and procedures to ensure the security and confidentiality of Rental Company Data, protect against anticipated threats or hazards to the security or integrity of Rental Company Data and protect against unauthorized access to or use of Rental Company Data. As part of providing the Services Rentcars may transfer store and process Rental Company Data in the Brazil or any other country in which Rentcars or its agents maintain facilities. By using the Services Rental Company consents to this transfer, processing and storage of Rental Company Data.
- 1.2 Modifications:
- a. To the Services. Rentcars may make commercially reasonable changes to the Services from time to time. If Rentcars makes a material change to the Services Rentcars will inform Rental Company, provided that Rental Company has subscribed with Rentcars to be informed about such change.
- b. To URL Terms. Rentcars may make commercially reasonable changes to the URL Terms from time to time. If Rentcars makes a material change to the URL Terms, Rentcars will inform Rental Company by either sending an email to the Notification Email Address or alerting Rental Company via the Admin Console. If the change has a material adverse impact on Rental Company, and Rental Company does not agree to the change, Rental Company must so notify Rentcars via the Help Center within thirty days after receiving notice of the change. If Rental Company notifies Rentcars as required, then Rental Company will remain governed by the terms in effect immediately prior to the change until the end of the then-current Services Term for the affected Services. If the affected Services are renewed, they will be renewed under Rentcars's then current URL Terms.
- 1.3 Property and Authenticity. Prior to providing the Services Rentcars may verify the authenticity about the Rental Company, company or entity which represent. If Rental Company or company does not be authenticated, then Rentcars will have no obligation to provide Rental Company with the Services.
- 1.4 Data Retention. Rentcars will have no obligation to retain any archived Rental Company Data beyond the retention period specified by Rental Company (other than for any legal holds). If Rental Company does not renew Rentcars, Rentcars will have no obligation to retain any archived Rental Company Data.
- 2. Rental Company Obligations
- 2.1 Compliance. Rental Company will use the Services in accordance with the Acceptable Use Policy. Rentcars may make new applications features or functionality for the Services available from time to time the use of which may be contingent upon Rental Company's agreement to additional terms. In addition, Rentcars will make other Non-Rentcars Products (beyond the Services) available to Rental Company and its End Users in accordance with the Non-Rentcars Product Terms and the applicable product-specific Rentcars terms of service. If Rental Company does not desire to enable any of the Non-Rentcars Products, Rental Company can enable or disable them at any time through the Admin Console.
- 2.2 Rental Company Administration of the Services. Rental Company may specify one or more Administrators through the Admin Console who will have the rights to access Admin Account(s) and to administer the End User Accounts. Rental Company is responsible for: (a) maintaining the confidentiality of the password and Admin Account(s); (b) designating those individuals who are authorized to access the Admin Account(s); and (c) ensuring that all activities that occur in connection with the Admin Account(s) comply with the Agreement. Rental Company agrees that Rentcars's responsibilities do not extend to the internal management or administration of the Services for Rental Company and that Rentcars is merely a data-processor.
- 2.3 End User Consent. Rental Company's Administrators may have the ability to access, monitor, use, or disclose data available to End Users within the End User Accounts. Rental Company will obtain and maintain all required consents from End Users to allow: (a) Rental Company's access, monitoring, use and disclosure of this data and Rentcars providing Rental Company with the ability to do so and (b) Rentcars to provide the Services.
- 2.4 Unauthorized Use. Rental Company will use commercially reasonable efforts to prevent unauthorized use of the Services' and to terminate any unauthorized use. Rental Company will promptly notify Rentcars of any unauthorized use of, or access to, the Services of which it becomes aware.
- 2.5 Restrictions on Use. Unless Rentcars specifically agrees in writing' Rental Company will not, and will use commercially reasonable efforts to make sure a third party does not: (a) sell, resell, lease or the functional equivalent, the Services to a third party (unless expressly authorized in this Agreement); (b) attempt to reverse engineer the Services or any component; (c) attempt to create a substitute or similar service through use of, or access to, the Services; (d) use the Services for High Risk Activities; or (e) use the Services to store or transfer any Rental Company Data that is controlled for export under Export Control Laws. Rental Company is solely responsible for any applicable compliance with HIPAA.
- 2.6 Third Party Requests. Rental Company is responsible for responding to Third Party Requests. Rentcars will, to the extent allowed by law and by the terms of the Third Party Request: (a) promptly notify Rental Company of its receipt of a Third Party Request; (b) comply with Rental Company's reasonable requests regarding its efforts to oppose a Third Party Request; and (c) provide Rental Company with the information or tools required for Rental Company to respond to the Third Party Request. Rental Company will first seek to obtain the information required to respond to the Third Party Request on its own, and will contact Rentcars only if it cannot reasonably obtain such information.
- 3. Technical Support Services
- 3.1 By Rental Company. Rental Company will, at its own expense, respond to questions and complaints from End Users or third parties relating to Rental Company's or End Users' use of the Services. Rental Company will use commercially reasonable efforts to resolve support issues before escalating them to Rentcars.
- 3.2 By Rentcars. If Rental Company cannot resolve a support issue consistent with the above, then Rental Company may escalate the issue to Rentcars in accordance with the TSS Guidelines. Rentcars will provide TSS to Rental Company in accordance with the TSS Guidelines.
- 4. Suspension
- 4.1 Of End User Accounts by Rentcars. If Rentcars becomes aware of an End User's violation of the Agreement, then Rentcars may specifically request that Rental Company Suspend the applicable End User Account. If Rental Company fails to comply with Rentcars's request to Suspend an End User Account, then Rentcars may do so. The duration of any Suspension by Rentcars will be until the applicable End User has cured the breach which caused the Suspension.
- 4.2 Emergency Security Issues. Notwithstanding the foregoing, if there is an Emergency Security Issue, then Rentcars may automatically Suspend the offending use. Suspension will be to the minimum extent and of the minimum duration required to prevent or terminate the Emergency Security Issue. If Rentcars Suspends an End User Account for any reason without prior notice to Rental Company, at Rental Company's request, Rentcars will provide Rental Company the reason for the Suspension as soon as is reasonably possible.
- 5. Confidential Information
- 5.1 Obligations. Each party will: (a) protect the other party's Confidential Information with the same standard of care it uses to protect its own Confidential Information; and (b) not disclose the Confidential Information, except to Affiliates, employees and agents who need to know it and who have agreed in writing to keep it confidential. Each party (and any Affiliates' employees and agents to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill its obligations under this Agreement, while using reasonable care to protect it. Each party is responsible for any actions of its Affiliates' employees and agents in violation of this Section.
- 5.2 Exceções. As Informações confidenciais não incluem informações que: (a) o destinatário das Informações confidenciais já conheça; (b) se tornarem públicas sem que tenha havido falha por parte do destinatário; (c) forem criadas de maneira independente pelo destinatário; ou (d) forem fornecidas por direito ao destinatário por outra parte.
- 5.3 Required Disclosure. Each party may disclose the other party's Confidential Information when required by law but only after it, if legally permissible: (a) uses commercially reasonable efforts to notify the other party; and (b) gives the other party the chance to challenge the disclosure.
- 6. Intellectual Property Rights; Brand Features
- 6.1 Intellectual Property Rights. Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, Rental Company owns all Intellectual Property Rights in Rental Company Data, and Rentcars owns all Intellectual Property Rights in the Services.
- 6.2 Display of Brand Features. Rentcars may display those Rental Company Brand Features authorized by Rental Company (such authorization is provided by Rental Company uploading its Brand Features into the Services) within designated areas of the Service Pages. Rental Company may specify the nature of this use using the Admin Console. Rentcars may also display Rentcars Brand Features on the Service Pages to indicate that the Services are provided by Rentcars. Neither party may display or use the other party’s Brand Features beyond what is allowed in this Agreement without the other party’s prior written consent.
- 6.3 Brand Features Limitation. Any use of a party's Brand Features will inure to the benefit of the party holding Intellectual Property Rights in those Brand Features. A party may revoke the other party's right to use its Brand Features pursuant to this Agreement with written notice to the other and a reasonable period to stop the use.
- 7. Publicity
- 7.1 Rental Company agrees that Rentcars may include Rental Company's name or Brand Features in a list of Rentcars customers, online or in promotional materials. Rental Company also agrees that Rentcars may verbally reference Rental Company as a Rental Company of the Rentcars products or services that are the subject of this Agreement. This section is subject to Section 7.3 (Brand Features Limitation).
- 8. Representations, Warranties and Disclaimers
- 8.1 Representations and Warranties. Each party represents that it has full power and authority to enter into the Agreement. Each party warrants that it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable (including applicable security breach notification law). Rentcars warrants that it will provide the Services in accordance with the applicable SLA.
- 8.2 Disclaimers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. RENTCARS MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR THROUGH THE SERVICES.
- 9. Term
- 9.1 Agreement Term. This Agreement will remain in effect for the Term.
- 9.2 Services Term. Rentcars will provide the Services to Rental Company during the Services Term. Unless the parties agree otherwise in writing.
- 10. Termination
- 10.1 Termination for Breach. Either party may suspend performance or terminate this Agreement if: (a) the other party is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; (b) the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days; or (c) the other party is in material breach of this Agreement more than two times notwithstanding any cure of such breaches.
- 10.2 Effects of Termination. If this Agreement terminates, then: (a) the rights granted by one party to the other will cease immediately (except as set forth in this Section); (b) Rentcars will provide Rental Company access to, and the ability to export, the Rental Company Data for a commercially reasonable period of time at Rentcars’s then-current rates for the applicable Services; (c) after a commercially reasonable period of time, Rentcars will delete Rental Company Data by removing pointers to it on Rentcars’s active servers and overwriting it over time; and (d) upon request each party will promptly use commercially reasonable efforts to return or destroy all other Confidential Information of the other party.
- 11. Indemnification
- 11.1. By Rental Company. Rental Company will indemnify, defend, and hold harmless Rentcars from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim: (a) regarding Rental Company Data or Rental Company Domain Names; (b) that Rental Company Brand Features infringe or misappropriate any patent, copyright, trade secret or trademark of a third party; or (c) regarding Rental Company's use of the Services in violation of the Acceptable Use Policy.
- 11.2 By Rentcars. Rentcars will indemnify, defend, and hold harmless Rental Company from and against all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim that Rentcars's technology used to provide the Services or any Rentcars Brand Feature infringe or misappropriate any patent, copyright, trade secret or trademark of such third party. Notwithstanding the foregoing, in no event shall Rentcars have any obligations or liability under this Section arising from: (a) use of any Services or Rentcars Brand Features in a modified form or in combination with materials not furnished by Rentcars, and (b) any content, information or data provided by Rental Company, End Users or other third parties.
- 11.3 Possible Infringement:
- a. Repair, Replace, or Modify. If Rentcars reasonably believes the Services infringe a third party's Intellectual Property Rights, then Rentcars will: (a) obtain the right for Rental Company, at Rentcars's expense, to continue using the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe.
- b. Suspension. If Rentcars does not believe the foregoing options are commercially reasonable, then Rentcars may suspend or terminate Rental Company's use of the impacted Services.
- 11.4. General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party has full control and authority over the defense, except that: (a) any settlement requiring the party seeking indemnification to admit liability or to pay any money will require that party's prior written consent, such consent not to be unreasonably withheld or delayed; and (b) the other party may join in the defense with its own counsel at its own expense. THE INDEMNITIES ABOVE ARE A PARTY'S ONLY REMEDY UNDER THIS AGREEMENT FOR VIOLATION BY THE OTHER PARTY OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
- 12. Limitation of Liability
- 12.1 Limitation on Indirect Liability. NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
- 12.2 Limitation on Amount of Liability. NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY Rental Company TO RENTCARS HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- 12.3 Exceptions to Limitations. These limitations of liability apply to the fullest extent permitted by applicable law but do not apply to breaches of confidentiality obligations, violations of a party's Intellectual Property Rights by the other party, or indemnification obligations.
- 13. Miscellaneous
- 13.1 Notices. Unless specified otherwise herein, (a) all notices must be in writing and addressed to the attention of the other party's legal department and primary point of contact and (b) notice will be deemed given: (a) when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt; or (b) when verified by automated receipt or electronic logs if sent by facsimile or email.
- 13.2 Assignment. Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an Affiliate, but only if: (a) the assignee agrees in writing to be bound by the terms of this Agreement; and (b) the assigning party remains liable for obligations incurred under the Agreement prior to the assignment. Any other attempt to transfer or assign is void.
- 13.3 Change of Control. Upon a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction): (a) the party experiencing the change of control will provide written notice to the other party within thirty days after the change of control; and (b) the other party may immediately terminate this Agreement any time between the change of control and thirty days after it receives the written notice in subsection (a).
- 13.4 Force Majeure. Neither party will be liable for inadequate performance to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance) that was beyond the party's reasonable control.
- 13.5 No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver.
- 13.6 Severability. If any provision of this Agreement is found unenforceable, the balance of the Agreement will remain in full force and effect.
- 13.7 No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
- 13.8 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.
- 13.9 Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
- Governing Law. This Agreement is governed by Parana law, excluding that state's choice of law rules. FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN CURITIBA COUNTY, PARANA, BRAZIL.
- 13.11 Amendments. Any amendment must be in writing and expressly state that it is amending this Agreement.
- 13.12 Survival. The following sections will survive expiration or termination of this Agreement: Section 3, 6, 7.1, 11.2, 12 and 13.
- 13.13 Entire Agreement. This Agreement, and all documents referenced herein, is the parties' entire agreement relating to its subject and supersedes any prior or contemporaneous agreements on that subject. The terms located at a URL and referenced in this Agreement are hereby incorporated by this reference.
- 13.14 Interpretation of Conflicting Terms. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: the Order Page, the Agreement, and the terms located at any URL. If Rental Company signs a physical agreement with Rentcars to receive the Services, the physical agreement will override this online Agreement.
- 13.15 Counterparts. The parties may enter into this Agreement in counterparts, including facsimile, PDF or other electronic copies, which taken together will constitute one instrument.
Privacy Policy & Security
- Welcome to the Rentcars Marketplace Privacy Policy
- Welcome to the Rentcars Privacy Policy. You'll learn how Rentcars treats your personal information, along with ways to control your preferences and settings. As always, Rentcars is committed to gaining your trust.
- How Rentcars Uses Your Personal Information
- This policy covers how Rentcars treats personal information that Rentcars collects and receives, including information related to your past use of Rentcars products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
- This privacy policy only applies to Rentcars
- This policy does not apply to the practices of companies that Rentcars does not own or control, or to people that Rentcars does not employ or manage. In addition, some companies that Rentcars has acquired have their own, preexisting privacy policies which may be viewed on our acquired companies page.
- Data Transfer
- Your personal information may be transferred to countries other than your own to process and store data in accordance with our Privacy Policy and to provide you with products and services. Some of these countries may not have the same data protection safeguards as the country where you reside. By using our products and services, you consent to us transferring your data to these countries. We are committed to ensuring your information is protected and apply safeguards in accordance with applicable law.
- Information Collection and Use
- General. Rentcars collects personal information when you register with Rentcars, when you use Rentcars products or services, when you visit Rentcars pages or the pages of certain Rentcars partners. Rentcars may combine information about you that we have with information we obtain from business partners or other companies.
- When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some financial products and services we might also ask for your address, Social Security number, and information about your assets. When you register with Rentcars and sign in to our services, you are not anonymous to us.
- Rentcars automatically receives and records information from your computer and browser, including your IP address, Rentcars cookie information, software and hardware attributes, and the page you request.
- Rentcars uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
- Information Sharing and Disclosure
- Rentcars does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with Rentcars under confidentiality agreements. These companies may use your personal information to help Rentcars communicate with you about offers from Rentcars and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process (such as law enforcement requests), or to establish or exercise our legal rights or defend against legal claims.
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Rentcars's terms of use, or as otherwise required by law.
- We transfer information about you if Rentcars is acquired by or merged with another company. In this event, Rentcars will notify you before information about you is transferred and becomes subject to a different privacy policy.
- Rentcars displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, women ages 18-24 from a particular geographic area.
- Rentcars does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
- Cookies and Similar Technologies
- Rentcars may set and access Rentcars cookies on your computer. We may also set and access device identifiers which could include IP address, user agent information (browser version, OS type and version), and device provided identifiers. Once you log into Rentcars on your device, Rentcars may recognize your device to provide you with a personalized experience, independent of your device settings. You can control your personalized experience across Rentcars through our Ad Interest Manager.
- Rentcars uses web beacons to access Rentcars cookies inside and outside our network of web sites and in connection with Rentcars products and services.
- Your Ability to Edit and Delete Your Account Information and Preferences
- You can edit your Rentcars Account Information at any time. You can also modify information you have provided to Rentcars through the Rentcars products or services you may use.
- New categories of marketing communications might be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
- We reserve the right to send you certain communications relating to the Rentcars service, such as service announcements, administrative messages and the Rentcars Newsletter, that are considered part of your Rentcars account, without offering you the opportunity to opt out of receiving them.
- Rentcars automatically receives and records information from your computer and browser, including your IP address, Rentcars cookie information, software and hardware attributes, and the page you request.
- Confidentiality and Security
- We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
- We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
- Changes to this Privacy Policy
- Admin Console may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Admin Console account or by placing a prominent notice on our site.