These Terms of Use contain disclaimers of warranties and liability. Please read the Terms of Use carefully before you start to use the app. By using the app, you accept and agree to be bound and abide by these Terms of Use. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the app.
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You represent that you have the capacity to be bound by these Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with these Terms of Use, XGO may monitor your access and use of the app in accordance with XGO's Privacy Policy. If you do not wish to agree to these Terms of Use, you must not access or use the app.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the app thereafter. Your continued use of this app following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time as you use or access this app so you can be aware of any changes, as they are binding on you.
The app is Not Intended for Minors
The app is intended to be accessed and used only by adults and is not directed to minors. As stated in XGO's Privacy Policy, XGO does not knowingly collect personally identifiable information for anyone under the age of 13. You should not provide XGO with any information regarding yourself if you are (or any other individual) under the age of 13.
Access and Use of the app
Your right to access and use the app is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the app for lawful purposes and pursuant to the terms and conditions of these Terms of Use and the Privacy Policy.
Your access and use of the app may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the app or other actions that XGO, in its sole discretion, may elect to take. XGO reserves the right to suspend or discontinue the availability of the app and/or any portion or feature of the app at any time in its sole discretion and without prior notice.
Any action by you that, in XGO's sole discretion: (i) violates the terms and conditions of these Terms of Use, the Privacy Policy, and/or any other agreement between you and XGO; (ii) restricts, inhibits or prevents any access, use or enjoyment of the app; or (iii) through the use of the app, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the app. You shall not metatag, provide links to or frame the app without XGO's prior express written permission.
Access and Use of Services on the app
Subject to these Terms of Use and the Privacy Policy, XGO may offer you various services on or through the app (the 'Services'). Below are terms and conditions governing the Services.
You Must Maintain the Integrity of Your Information. To use certain of the Services, you may be required to provide XGO with information about you ('Your Information'). If you provide Your Information to XGO then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. XGO's collection, use and disclosure of Your Information is governed by these Terms of Use and XGO's Privacy Policy.
You Must Maintain the Security of Any Password Issued to You. If the app requires you to create a password to use certain portions of the app, then it is your sole responsibility to maintain the security of that password. You agree that XGO shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify XGO of a Breach. You agree to immediately notify XGO of any unauthorized use of your password, any unauthorized use of any account you may have with XGO, any violation of these Terms of Use, or any other breach of security known to you in connection with any product or service available on the app by sending an email to info@xgofleets.com.
Product and Service Information, Availability and Use
The inclusion of any products or services on the app at a particular time does not imply or warrant that these products or services will be available at any time. In addition, it is possible that certain items on the app may be mispriced or unavailable, and XGO may experience lags in uploading updates throughout the app and in XGO's advertising on other webapps.
The color you see on the app may not match the product color, as the display of the color depends, in part, upon the monitor you are using, as well as inventory availability. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
XGO cannot and does not guarantee the accuracy, completeness and reliability of information on the app, including prices, product images, specifications, availability and services. The publication of any price does not guarantee that such price is available for the product or service at the time you seek to purchase it. Unless otherwise, stated prices do not include taxes, fees, transportation charges, licensing, surcharges, fuel charges or other ancillary, related or additional changes that may be related to the transaction. XGO reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. All descriptions, images, references, features, content, specifications, products, services, and prices on the app are subject to change at any time without notice.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this app. By placing an order, you represent that the products ordered will be used only in a lawful manner.
XGO's apps may be subject to additional terms and conditions or policies specific to a certain app.
Errors on the app
Prices and availability of products and services are subject to change without notice. XGO reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, XGO will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with XGO's Return Policy.
Vehicle Rentals
Vehicles shown on the app are for general illustration only. Vehicle availability may be limited. All vehicles and equipment selected in a reservation is subject to XGO's standard rental requirements and availability at time of pickup. XGO reserves the right to substitute vehicles and equipment at the time of pickup.
A vehicle reservation only guarantees the rate once confirmed with a deposit, and shows a customer's preferences for a pick-up location, drop-off location, time of rental, date of rental and equipment type. The pick-up location, drop-off location, time of rental and date of rental selected in a reservation is a preference only and, if a preference selected is not available, XGO reserves the right to offer a customer alternatives.
Rates reserved online do not include applicable taxes, fees, surcharges, additional accessories, protection plans purchased at the time of rental, any required refundable deposit, or other applicable charges. Charges will be provided at the time of pick-up. Rates reserved and listed are only valid at the location specified, for 30 days from the date the reservation is made.
If you choose to pay for a rental with a credit card or debit card, you must present your credit card or debit card at the time of rental. You must also present two forms of current, valid identification from the individual signing the rental contract. Acceptable forms of identification include: a valid Indian issued Driver's License, State Issued Identification, Passport, Social Security Card, Vehicle Registrations, Phone Bill, Military ID, major credit card and paycheck or pay stub. One ID must be a valid Indian-issued Driver's License from all drivers of rental equipment.
Proof of insurance is required at the time of pick-up. If you are unable to provide proof of insurance and/or your insurance does not offer sufficient coverage for a vehicle, you will be required to select and purchase a XGO protection coverage option prior to renting the vehicle.
Pricing Policy
Online prices and selection generally match those in XGO's, but may vary.
Termination of Use
XGO may, in its sole discretion, terminate any account you may have on the app at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
Vehicles, Products and Services
The app in no way constitutes an offer for the sale of goods or to provide a service. Specifically, the app does not constitute an offer to buy, sell, lease, rent, or maintain vehicles from XGO or to provide any vehicle warranties, equipment, products or services of any kind.
Photographs of vehicles listed for sale are photographs of the actual vehicles unless otherwise provided (or disclosed); however, their color and general appearance may appear differently based on your monitor and color settings. For this reason, please contact the XGO location where a vehicle is located to confirm the accuracy of the contents of the app before you visit that location. In addition, prices, special offers, guarantees and warranties, if any, are subject to change without notice. Mileage listings are estimates and are not necessarily accurate odometer readings. Some vehicle information and vehicle pricing may be missing or inaccurate, and may be considered invalid and not honored, in XGO's sole discretion. Daily changes in inventory may result in the unavailability of certain vehicles listed for sale on the app.
Any currency conversion herein is an estimate. When an exact currency conversion is required for the sale of a vehicle, such will be calculated based on the official currency conversion on the day a vehicle is sold.
XGO's Intellectual Property Rights
XGO's names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of XGO in the India and/or other countries (collectively, the 'Proprietary Marks'). You may not use the Proprietary Marks without the prior express written permission of XGO, which permission may be withheld in XGO's sole discretion. XGO makes no proprietary claim to any third-party names, trademarks or service marks appearing on the app. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the app (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by, or otherwise licensed to, XGO or its Content suppliers. XGO also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the 'Collective Work'). All software used on the app (the 'Software') is the property of XGO or its software vendors and is protected by India and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of XGO's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by XGO or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms of Use.
Use of the Content
XGO grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the India, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by these Terms of Use, is permitted by you without the express prior written permission of XGO, which permission may be withheld in XGO's sole discretion.
You may not use any meta tags or any other 'hidden text' utilizing XGO's name or trademarks without the express written permission of XGO, which permission may be withheld in XGO's sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the app or any portion of the app or for any other purpose, without XGO's express written permission which may be withheld in XGO's sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in XGO's sole discretion an unreasonable or disproportionately large load on XGO's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the app without the prior written permission of XGO and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the app or any activities conducted on the app; or (iv) bypass XGO's robot exclusion headers or other measures XGO may use to prevent or restrict access to the app. Not withstanding the foregoing, XGO grants the operators of public search engines permission to use spiders to copy materials from the app for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the app, but not caches or archives of such materials. XGO reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information, including account names, from the app. You shall not use any communication systems provided on the app (such as Blogs or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of the app without XGO's express, written permission, which permission may be withheld in XGO's sole discretion.
Prohibited Uses
You may use the app only for lawful purposes and in accordance with these Terms of Use. You may not use the app: (1) in any way that violates any applicable federal, state, local or international law or regulation (including without limitation, any laws regarding export data or software to and from the India or other countries); (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to transmit or procure or sent any advertising or promotional material including any junk mail, chain letter, spam or other solicitation; and (4) to impersonate XGO or a XGO employee or any user or any other person or entity.
You further agree not to: (1) use the app in any manner that could disable, overburden, damage or impair the app or interfere with any other party's use of the app; (2) use any manual process to monitor or copy any of the material on the app or for any other unauthorized purpose without our prior written consent; (3) use any device, software or routine that interferes with the proper working of the app; (4) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (5) attack the app via a denial-of-service attack or a distributed denial-of-service attack.
Electronic Communications
When you visit the app or send email to XGO, you are communicating with XGO electronically. You consent to receive communications from XGO electronically. Although XGO may choose to communicate with you by regular mail, XGO may also choose to communicate with you by email or by posting notices on the app. You agree that all agreements, notices, disclosures and other communications that XGO provides to you electronically satisfy any legal requirement that such communications be in writing.
Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the app, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the app.
Third Party Links
There may be provided on the app links to other webapps belonging to XGO's advertisers, business partners, affiliates, and other third parties. Such links do not constitute an endorsement by XGO of those webapps, nor the products or services listed on those webapps. XGO is not responsible for the activities or policies of those webapps. XGO does not endorse or recommend the products or services of any particular advertiser, business partner, affiliate or other third party. XGO does not guarantee that the terms, prices or rates offered by any particular advertiser, business partner, affiliate, or other third party on the app are the best terms, best prices or lowest rates available in the market. You acknowledge and agree that these third parties are solely responsible for any products or services they may provide to you and that XGO shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a third party's products or services.
Mobile Devices
For aspects of the app accessible via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of these Terms of Use and other agreements within the application apply to your use of such mobile application.
THE app AND ALL CONTENT, SERVICES AND PRODUCTS ASSOCIATED WITH THE app ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. XGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE app OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH THE app. YOU EXPRESSLY AGREE THAT YOUR USE OF THE app AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH THE app IS AT YOUR SOLE RISK.
CERTAIN THIRD-PARTY PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
The app is controlled and offered by XGO from XGO's facilities in the Chennai of India. XGO makes no representations that the app is appropriate or available for use in other jurisdictions. If you access or use the app from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on XGO's Liability
XGO SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY COST, EXPENSE, LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE; (II) YOUR ACCESS AND USE OF THE app; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE app FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE app, OR OTHERWISE ARISING OUT OF THE USE OF THE app, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XGO AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THESE TERMS OF USE.
YOU SPECIFICALLY ACKNOWLEDGE THAT XGO SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND XGO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE app MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Indemnification of XGO
You shall defend, indemnify and hold harmless XGO and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of these Terms of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by XGO; (iii) your access or use of the app; (iv) access or use of the app under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
XGO's Remedies
You acknowledge that XGO may be irreparably damaged if these Terms of Use is not specifically enforced, and damages at law may be an inadequate remedy. Therefore, in the event of such a breach or threatened breach of any provision of these Terms of Use by you, XGO shall be entitled, in addition to all other rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or XGO shall be entitled to a decree for specific performance of the provisions of these Terms of Use.
You agree that any action or proceeding under these Terms of Use shall be brought in the courts of record. You consent to the jurisdiction of such courts and waive any objection to the laying of venue of any action or proceeding in such courts. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Miscellaneous
If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.
The headings contained in these Terms of Use are for convenience of reference only, are not to be considered a part of these Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Use.
All covenants, agreements, and representations made in these Terms of Use, as may be amended by XGO from time to time, shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.
These Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and XGO regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same. To the extent that these Terms of Use conflicts with the terms of any vehicle rental, vehicle purchase, vehicle lease, maintenance service, vehicle warranty, or other agreements entered into by and between you and XGO in connection with your purchase of goods or services, then the terms of such agreements shall prevail. These Terms of Use.
Certain XGO apps may be subject to additional terms and conditions or policies specific to a certain app.
If you have questions, comments, concerns or feedback regarding these Terms of Use or the app, please contact XGO at info@xgofleets.com