Terms Of Use

AMG Car Rentals
Website or Mobile App Terms of Use
Last Updated: December 27, 2018

INTRODUCTION

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website.

AMG CAR RENTALS AND SALES, LTD (Amg or We) provides this Website or Mobile App (“Site”) for someone that accesses, browses, or in any way uses the Services (“You”, “you”, or “User”), subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use, including binding arbitration. If you do not agree to these Terms of Use, please do not visit or use the Site. Amg reserves the right to revise these Terms of Use, so please check back periodically for updates. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. All changes are effective immediately when We publish them and apply to use of the Site thereafter.

USE OF THE SITE+

Amg maintains the Site for your (“Personally Identifiable Information” or “PII”) and non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Amg. 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 Amg’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.

SITE MODIFICATIONS+

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 WEBSITES OR MOBILE APPS+

We the owner of Amgjamaica.com (“Site”) may include links to third-party websites or mobile apps. and other websites may maintain links to our Site. Our inclusion of such links on any linked website or mobile app is not an endorsement, authorization or representation of our affiliation with any such third parties, and we are not responsible for any information you may share with such third party linked website or mobile app, nor are we responsible for their privacy practices or policies, which you agree to by accessing their sites.

RESERVATIONS AND TRANSACTIONS+

All reservations and transactions made through the Site are subject to Amg’s acceptance, which is in our sole discretion. Without limitation, this means that Amg may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Rental contracts between Amg and website users are exclusively entered into at branch locations of Amg and its affiliates and their respective franchisees and are not entered into through this Site.

ELECTRONIC COMMUNICATIONS+

By using the Site, you consent to receiving electronic communications and notices from Amg. 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.

INTELLECTUAL PROPERTY+

All copyrightable text, graphics, sound, downloads, software, including source and binary code, and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Enterprise, or are licensed to Amg, and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our partners and advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Officer, Copyright Reprint Permission, Suite 5, Holiday Inn Shopping Village, Rose Hall, Montego Bay P.O. #1, St. James, Jamaica, W.I. JMCJS12 or by email at privacy@amgjamaica.com. Amg does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

AMG CAR RENTALS AND SALES LTD, the “amg” logo, WWW.AMGJAMAICA.COM, AMGJAMAICA.COM, YOU’VE TRIED THE REST NOW TRY THE BEST, AMG HOURLY, AMG PAY-AS-YOU-GO, THE PRICE IS WHAT YOU PAY VALUE IS WHAT YOU GET, AMG CAR SALES are included in the family of trademarks and service marks owned by Amg (this is not an all-inclusive list of Amg’s trademarks and service marks). Trademarks and service marks designated with the ® symbol are registered with the Jamaica Intellectual Property Office and with numerous foreign countries. Other trademarks and service marks belonging to Amg may be designated with the “SM” or “TM” symbols. 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 Amg that appear on the Site are the property of their respective owners, who may or not be affiliated with, connected to or endorsed by Amg.

Amg has a number of pending patent applications, both Jamaica 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.

CLAIMS OF COPYRIGHT INFRINGEMENT+

If you believe that materials posted on the Site violate your intellectual property rights, please contact AMG CAR RENTALS AND SALES, LTD at Intellectual Property Officer, Intellectual Property Questions, Suite 5, Holiday Inn Shopping Village, Rose Hall, Montego Bay P.O. #1, St. James, Jamaica, W.I. JMCJS12 or by email at privacy@amgjamaica.com. 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, made under penalty of perjury, 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.

PRIVACY POLICY AND USE OF INFORMATION SUBMITTED+

Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

You agree that Amg 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, providing and marketing products and services and creating, modifying or improving the Site or other products or services.

PASSWORD SECURITY+

If you have a user name and/or password for access to non-public areas of the Site, you are solely responsible for maintaining the confidentiality and use of the user name and/or password. Further, you are responsible for all activities that occur in connection with your user name and/or password. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within the Site through the use of your user name and/or password. You agree to notify us immediately of any unauthorized access to or use of your user name and/or password or any other breach of security.

NO WARRANTY+

While We use our reasonable 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 “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.

LIMITATION OF LIABILITY+

IN NO EVENT SHALL AMG, 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. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY+

You agree to indemnify and hold Amg 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.

BINDING ARBITRATION+

You agree that any controversy or claim arising out of or relating to the Site or use of the Site or these Terms of Use, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with this arbitration provision or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitration must be held in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of Jamaica International Arbitration Centre Ltd (“JAIAC Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAIAC Rules and Procedures are available at http://www.jaiac.org/ or by calling (876) 416-5390. The arbitrator must be selected pursuant to the JAIAC Rules and Procedures. The arbitrator shall apply Jamaican law consistent with the Arbitration Act, 2017 of Jamaica and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Amg, you will not be responsible for professional fees for the arbitrator’s services or any other JAIAC fees. If you are able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Amg will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAIAC, then the balance of this arbitration provision remains in effect and must be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision is null and void, and neither you nor Amg is entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

DISPUTES+

These Terms of Use are governed by and construed in accordance with the laws Jamaica, without regard to its conflict of law principles. Any action to enforce these Terms of Use regarding a claim not subject to binding arbitration must be brought in the local circuit court in the Parish of St. James or the local supreme courts located in Kingston, Jamaica. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site must be resolved individually, without resort to any form of class action.

GENERAL+

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision must be construed consistent with applicable law, and the remaining provisions must be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and Amg in connection with your use of the Site.

CONTACT US+

If you have any questions about these Terms of Use, please contact us at privacy@amgjamaica.com