Last Updated: 9 December 2015
USE OF THE SITE
Enterprise maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Enterprise. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Enterprise’s intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
As a condition of your use of any of the services available through this Site, you must: (i) be at least 18 years of age; (ii) hold a valid Australian driver's licence or international driver's permit; (iii) hold the legal authority to create a binding legal obligation; (iv) warrant that all information supplied by you on this Site is true, accurate, current and complete; (v) warrant that, where you provide third party information, you are authorised to provide such information.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Site may include links to third-party websites. Enterprise does not control and is not responsible for the content (including without limitation any malware) or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
RESERVATIONS AND TRANSACTIONS
All reservations requests made through the Site are subject to Enterprise’s acceptance, which is in our sole discretion. Unless you select a prepayment option, either you or Enterprise may cancel any reservation, whether or not the reservation has been confirmed, for any or no reason, in your or our sole discretion, and without liability to the other. Click here for Pay Now terms and conditions where available. Rental contracts between Enterprise and Site users are exclusively entered into at branch locations of Enterprise and its affiliates and their respective franchisees.
From time to time, special deals or vouchers may be displayed on this Site. Such special deals and vouchers are available for a limited time only. Additional terms and conditions may apply to special deals or the use of vouchers. You must check this Site or the third party provider of the special deal to determine whether any particular terms and conditions apply.
You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all amounts your service provider may charge you arising out of your use of the Mobile Application, and the Mobile Application transmitting and receiving data (including but not limited to data roaming charges).
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that materials posted on the Site violate your intellectual property rights, please contact Enterprise at Intellectual Property Manager, Intellectual Property Questions, 600 Corporate Park Drive, St. Louis, Missouri 63105 or firstname.lastname@example.org. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
ENTERPRISE, ENTERPRISE RENT-A-CAR, the “e” logo, Drive Alliance, National, the Flag design, and Alamo are included in the family of trademarks and service marks owned by or licensed to Enterprise (this is not an all-inclusive list of Enterprise’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered in Australia and in numerous foreign countries. Other trademarks and service marks belonging to Enterprise may be designated with the “TM” symbol. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Enterprise that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Enterprise.
Enterprise has a number of pending patent applications, both US and foreign, covering various aspects of this Site, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent infringement.
USE OF INFORMATION SUBMITTED
You agree that Enterprise is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
To the maximum extent permitted by law: (i) Enterprise does not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information and description of the rental vehicle and other products displayed on this Site (including, without limitation, photographs and general product descriptions); (ii) Enterprise disclaims all warranties and conditions that this Site, its servers or any email sent by Enterprise are free of viruses or other harmful components.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENTERPRISE, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE.
In relation to any liability which cannot be exclude by law, then to the maximum extent permitted by law the liabilities of Enterprise, its directors, officers, employees or agents will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Enterprise in connection with transactions on this Site, and (b) one hundred dollars (AU$100.00).
If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law Enterprise's liability for breach of such warranties is limited to, at Enterprise's option: (a) in the case of products (i) the replacement of the products or the supply of equivalent products; or (ii) the payment of the cost of replacing the products or acquiring equivalent products; or, (b) in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
You agree to indemnify and hold Enterprise and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.