Effective Date: 8 April 2020

Terms of Use

What you should know

Welcome to the Avis Australia Website (the “Website”). Please read these Terms of Use (the “Terms”) carefully before continuing with your use of this Website. This Website and information on it is controlled and operated by ‘Avis Australia’, the trading name of W.T.H. Pty Limited, ABN 15 000 165 855 which is a subsidiary of Avis Rent A Car System, LLC., located in the United States (“Avis”, "us", "we" or "our"). These Terms, the Website Privacy Policy - https://www.avis.com.au/privacy and, as applicable, the Rental Terms and Conditions - https://www.avis.com.au/terms-conditions (each as amended from time to time and which are incorporated by reference into these Terms) shall govern the use of the Website and apply to all internet traffic visiting the Website. By accessing or using this Website, you agree to these Terms. If you do not agree with these terms, do not use or access this Website.

Avis reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting on the Website. Every time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. By using this Website after we have posted such modifications, alterations or updates you agree to be bound by such revised Terms.

PRIVACY

You may choose to create a customer account through the Website.  You are responsible for keeping your log in information secure. You may not transfer your account or your rights under these Terms to another person.

You confirm that the information you provided to Avis on registration, was at the time you provided it current, complete and accurate, and you agree to maintain and update this information.

Avis collects your registration data and certain other information about you in accordance with the Website Privacy Policy - https://www.avis.com.au/privacy  and, as applicable, the Rental Terms and Conditions - https://www.avis.com.au/terms-conditions. The Website Privacy Policy applies to your use of this Website and contains information about how Avis uses your personal information.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All content on this Website, 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 (which are governed by Australian and worldwide copyright laws and treaty provisions, privacy, trade mark and publicity laws, and communication regulations and statutes), and are owned and controlled by Avis or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Avis. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is provided solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein solely for your personal, non-commercial use only.  You may not otherwise modify, use, copy, reverse engineer, adapt, reproduce, store in a retrieval system, republish, upload, post, transmit, sell, distribute, or in any way communicate to the public and/or exploit the content or information in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any non-personal or commercial use, without the prior written consent of Avis or the Providers (as applicable). You may not use in any way (including by e-mail or other electronic means or on any other Website or networked computer environment) for any other purpose, any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without our or the relevant Provider’s (as applicable) prior written consent. You may not frame or otherwise incorporate into another Website any of the content or other materials on this Website without the prior written consent of Avis. You may request consent by emailing us at marketing@avis.com.au.

YOUR WARRANTY TO AVIS

You warrant to Avis that you will not use the Website for any purpose that is unlawful or that is prohibited by these Terms, including without limitation attempting to do any of those acts or engaging in or permitting another person to do any of them or any of the below acts:

(a) posting or transmitting any infringing, threatening, libellous, defamatory, obscene, harassing, offensive, scandalous, inflammatory, pornographic, or profane material on or through the Website; or

(b) use in a manner or way, or posting to or transmitting to or via the Website any material which interferes with our or our other users or our other customers use of the Website or which tampers with or hinders the operation of the Website and its associated software, hardware and servers (including by transmitting any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Website or by using any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Website); or

(c) removing any copyright, trade mark or other proprietary rights notices contained in or on the Website; or

(d) creating accounts by automated means or under false or fraudulent pretences; or

(e) taking any action that imposes or that would in our reasonable opinion result in an unreasonable or disproportionately large load on our infrastructure including but not limited to by sending spam or by engaging in other unsolicited emailing techniques; or

(f) accessing the Website servers other than by connecting via HTTPS requests using a web browser; or

(g) using or exporting the materials in this Website in breach of any export laws and regulations.

If you breach any of these Terms, in addition to any other remedies that Avis or its Providers may have, your permission to use the Website immediately terminates without the necessity of any notice. Avis retains the right to deny access to anyone at its discretion for any reason, including for breach of these Terms. 

LINKS

This Website may contain links to other Websites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Avis’s control, and Avis is not responsible for, and does not endorse, such content, whether or not Avis is affiliated with the owners of such Linked Sites. The Linked Sites may or may not be affiliated with this Website and/or Avis, and may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to Linked Sites is governed by the terms of use and policies of those Linked Sites, not this Website.

You may not establish a hyperlink to this Website or provide any links that state or imply any sponsorship or endorsement of your Website by Avis, or its affiliates or Providers without the prior written consent of Avis. You may request consent by emailing us at marketing@avis.com.au.

DISCLAIMER OF WARRANTIES AND LIABILITY

Any rights or remedies which you are entitled under Australian Consumer Law arise independently of these Terms and nothing in these Terms limits any claim you may have under Australian Consumer Law.  You may be entitled to remedies that cannot be excluded under Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under Australian Consumer Law.

The following applies without excluding, restricting or modifying the rights and remedies to which you may be entitled under certain provisions of the Australian Consumer Law or Avis’s liabilities under those provisions.

The Website and all content on this Website is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permitted by the law, Avis does not warrant or make any representations, express or implied, regarding the results that may be obtained from the use of this Website or any Linked Sites, or as to the reliability, completeness, security, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this Website or any Linked Sites.

Other than those warranties which under Australian law are applicable to these Terms and are implied by applicable law and incapable of exclusion, restriction, or modification, Avis disclaims any and all warranties of merchantability and fitness for a particular purpose. Avis, its affiliated or related entities, the Providers, and any person involved in the creation, production, and distribution of this Website do not warrant that the functions contained in this Website will be uninterrupted, secure or error-free, that defects will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. You expressly agree that use of this Website is at your sole risk. You (and not Avis) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Avis, nor its affiliated or related entities (including its Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of this Website, 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 Website or any other linked site. Without limiting the generality of the foregoing, Avis and related persons and entities 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, unauthorised access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this Website. You expressly acknowledge and agree that Avis is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Avis’s liability is limited to the greatest extent permitted by applicable law. Our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by these Terms is reduced to the extent (if any) that you cause or contribute to the loss or damage.

INDEMNIFICATION

You are fully responsible for how you use this Website and for all use and activity carried out using your log in information or otherwise in connection with your account. You will be responsible for every transaction made using your log in information. You release Avis from and renounce any claim in respect of or arising from any reasonable reliance by Avis upon any use of your log in information, including Avis disclosing information relating to your registration and/or affairs with Avis. You agree to indemnify, defend, and hold harmless Avis and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach by you of these Terms.

THIRD PARTY RIGHTS

These Terms are for the benefit of Avis and its Providers, 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.

JURISDICTION

Avis makes no representation that content in its Website is appropriate or available for use in any location other than Australia. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New South Wales, Australia.

WEBSITE DISPUTES

Any action you, any third party or Avis, brings to enforce these Terms, or in connection with any matters related to this Website, shall be brought only in the courts of New South Wales, Australia, and courts hearing appeals from those courts and you expressly consent to the exclusive jurisdiction of those courts. If at any time Avis does not enforce any of these Terms or grants you time or other indulgence, we will not be construed as having waived that term or condition or Avis’s rights to later enforce that or any other term or condition.  

SEVERABILITY

If any provision of these Terms shall be determined as unlawful, void or for any reason unenforceable in a jurisdiction, then that provision shall be deemed severable from these Terms for that jurisdiction and shall not affect the validity and enforceability of any remaining provisions or in any other jurisdiction.

NO RELATIONSHIP

These Terms will not be deemed to create a partnership, joint venture, agency or employment relationship of any kind between Avis and you.

ENTIRE AGREEMENT

These Terms contain all the terms of your agreement with Avis relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. In the event that any inconsistencies exist between these Terms and any future published terms of use, the last published Terms or terms of use shall prevail.

Any rights not expressly granted herein are reserved by Avis