Privacy Policy

Terms & Conditions:

RENTAL AGREEMENT:

This is an AGREEMENT between you, the RENTER/DRIVER(S) and the COMPANY to rent a motor VEHICLE (including tires, tools, accessories, and equipment).

The RENTER/DRIVER(S) acknowledges the vehicle is the property of the COMPANY although registered title may be in a third party and/or corporate name.

The COMPANY which is renting this VEHICLE to you is more fully described on the other side of this agreement in the upper section. The RENTER/DRIVER(S) is identified on the other side of this agreement at the upper left-hand side. The RENTER/DRIVER(S) is renting the VEHICLE from the COMPANY and you the RENTER/DRIVER(S) must sign this agreement. By signing this agreement, you, the RENTER/ DRIVER(S), are entering into a contract with the COMPANY for the use of the COMPANY’S VEHICLE. You are agreeing to pay on demand the rental charges referred to on page 2 on the other side of this agreement. By entering into the contract, you are subject to the following terms and conditions.

1. AUTHORIZED USE
   The VEHICLE may be used ONLY by an AUTHORIZED DRIVER.
   An AUTHORIZED DRIVER is:
   (a) You, the RENTER/DRIVER(S), and/or
   (b) A licensed driver who has been accepted by the COMPANY as an additional RENTER as referred to on page 2 on the other side of this agreement.

2. PROHIBITED USE
   The vehicle may not be used (1) By other than an authorized driver; (2)To push or tow anything, carry persons or property for hire, in a race, test, contest or training activity; (3) For any illegal purposes or in the commission of a crime; (4) while under the influence of alcohol or drugs; (5)To intentionally cause damage, or engage in willful, want on or reckless misconduct; (6)Outside of our geographic driving restrictions and in any event outside of Canada and United States;(7) If it was obtained by fraud or misrepresentation.

3. VEHICLE CONDITION AND RETURN
   The VEHICLE is delivered to you in good operating condition. You agree to return the VEHICLE in the same condition in which you received it (except for ordinary wear and tear) to the COMPANY’s location at the place and on the date specified on page 2 of this agreement, or sooner on demand by the COMPANY.

If you return the VEHICLE to an unauthorized location not specified on page 2 of this agreement you will be charged one of the following:

(1)Additional daily rate(s) plus a one-way service charge as determined by the COMPANY, or; 

(2)Additional daily rate(s) plus $0.90 per kilometer from the unauthorized return location to the intended location identified on page 2 of this agreement.
You will pay to the COMPANY on demand all loss or damage to the rented VEHICLE regardless of the manner by which such damage was incurred, while rented under this agreement.

Any total loss shall be calculated as the replacement cost of the rented vehicle as described on page 2 of this agreement plus any and all expenses.
You will pay to the COMPANY on demand all towing charges, storage charges, impound fees, claims administration charges, diminished value of said vehicle and damages for loss of use for the vehicle while being repaired and/or out of service.
Loss of use shall be deemed to be the number of days the rented vehicle is out of service multiplied by the daily rental charge set out on page 2 of this agreement.

The claims administration charges are based upon the damage repair valuation as follows: Damage $0.00 to $2,500.00 = $100.00, damage $2,501.00 to $5,000.00 = $150.00, damage $5,001.00 and over –
$200.00, total loss = $250.00.

The COMPANY has the right to monitor, track and locate the VEHICLE through remote tracking devices or otherwise. The COMPANY has the right to disable and repossess the vehicle through remote tracking de- vices or otherwise without demand at your expense at any time if it is illegally parked, used in breach of the geographic driving restrictions or used in violation of any law, payment obligations under this
agreement or vehicle appears to be apparently abandoned.

You will be required to pay the full amount of the loss or damage to the vehicle unless reduced by the following circumstances:

(a)if you enter into the additional agreement referred to on the other side of this agreement as Tire and Windshield Damage Waiver or (T&WDW). The COMPANY will waive or reduce your payment for loss or
damage to the tires and/or windshield to the extent of the conditions contained in paragraph (T&WDW), on page 2 on the other side of this agreement. TIRE AND WINDSHIELD DAMAGE WAIVER (T&WDW)
DOES NOT COVER THE COST OF DAMAGE TO WHEELS AND/OR LOSS OF USE AND/OR TOWING AND STORAGE CHARGES, IMPOUND FEES or,

(b)if you enter into the additional agreement referred to on the other side of this agreement as Loss Damage Waiver (LDW), the COMPANY will waive or reduce your payment for loss or damage to the VEHICLE to the extent of the conditions contained in paragraph (LDW) on page 2 of this agreement.

LDW is not insurance. LDW does not apply if: (1) You use or operate the vehicle in violation of this agreement; (2) You fail to remove and secure the keys, or close and lock all windows, doors and trunk and the vehicle is stoles or vandalized; (3) You fail to notify us and the police immediately after the loss; and (4) You fail to pay the charges under this agreement; (5) Damage is caused by insufficient clearance (height or width), or by a riot, strike or civil disturbance, or any “box” damage; (6) Damage to the interior is caused by excessive stains, dirt, or other damage; and; (7) When other exclusions are allowed by jurisdictional law.

4. LIABILITYINSURANCE
   The COMPANY has obtained all mandatory automobile insurance as required by law with respect to the VEHICLE. By driving this VEHICLE, AUTHORIZED DRIVERS are agreeing to comply and be bound by all terms, conditions, limitation, and restrictions of this insurance policy which are made a part of this rental agreement. 

The COMPANY will not provide” uninsured motorists”, “under insured motorists”, “supplemental”, “no fault”, or any other optional insurance coverage unless such coverage is required by law. To the extent permitted by law, the RENTER/DRIVER(S) and the COMPANY reject the inclusion of any such optional coverage.

5. POWER OF ATTORNEY
   RENTER/DRIVER(S) hereby grants and appoints to owner a Limed Power of Attorney to present insurance claims for property damage to RENTER/DRIVER(S) insurance carrier if the rented vehicle is damaged during the term of this rental agreement; and to endorse RENTER/DRIVER(S) name on insurance payments for charges or damages.

6. GENERALPROVISIONS
   (a) PAYMENT. If the AUTHORIZED DRIVER fails to make payments required under the agreement to the COMPANY, all expenses of collection and/or repossession, including court costs and lawyer fees incurred by the COMPANY in pursuing the claim against the AUTHORIZED RENTER/DRIVER(S) will be paid by the AUTHORIZED RENTER/DRIVER(S). 

If the AUTHORIZED RENTER/DRIVER(S) has directed the COMPANY to bill charges to some other person, firm, or organization which fails to make payment promptly when due, the RENTER/ DRIVER(S) will promptly pay the COMPANY upon demand. 

ALL CHARGES ARE SUBJECT TO FINAL AUDIT and resulting credits and additional charges will be made and paid by the method used in the initial transaction, 2% PER MONTH (24% PER YEAR) CHARGED ON OVERDUE ACCOUNTS. An administrative cost of carrying the account may be applied.

(b) FINES AND PENALTIES: AUTHORIZED RENTER/DRIVER(S) will pay all fines, penalties, forfeitures, and court costs imposed for parking, toll charges and/or traffic violations with respect to the VEHICLE while rented under this agreement. The RENTER/DRIVER(S) will promptly report such violations to the COMPANY harmless from all claims arising out of such violations.
(c) AUTHORIZED RENTER/RIVER(S) releases and holds harmless the COMPANY (and its agents and employees) from all claims for loss or damage to his or her personal property or that of any other person, which is left or carried in or upon the VEHICLE or in or upon any other VEHICLE or upon any other VEHICLE or premises of the COMPANY by AUTHORIZED DRIVER, or by any other person, or which is received, handled or stored by the COMPANY, at any time before, during or after this rental, whether or not due to the COMPANY’s negligence or fault. 

HANDLING ACCIDENTS AND OTHER OCCURRENES. 

1. You agree to immediately file and report and accident, theft or vandalism involving the Vehicle to us and to the police and complete an accident report. Your failure to cooperate with us or file a timely and accurate report creates a rebuttable presumption that the incident was caused by your willful, wanton, or reckless misconduct and may void the optional products and make you absolutely liable for any loss or damage to the vehicle. 
2. You will deliver to us a legible copy of any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the vehicle. C. We reserve the right to refuse to grant a replacement Vehicle to You if You have an accident, breakdown, violate the law or for any other reason. 

GENERAL PROVISIONS 

1. Vehicle means the Vehicle rented, or its replacement, and all its parts, equipment, accessories, keys, and documents. No term of this Agreement may be waived or changed except in writing signed by us. If any term of this Agreement is prohibited by law, it shall not affect the remaining terms. Paragraph headings have no independent meaning. 
2. You accept that it is Your responsibility to comply with all applicable seat belt and child restraint laws.
   
   C. You may not sublease the Vehicle, nor may You transfer or assign this Agreement or the Rental Agreement. 

An AUTHORIZED RENTER/DRIVER(S) also agrees to fully co-operate with the COMPANY in the investigation and defense of any claim or lawsuit.

(e) In no event shall an AUTHORIZED RENTER/DRIVER(S) of the VEHICLE be or be deemed to be the agent, servant, or employee, of the COMPANY in any matter or for any purpose whatsoever.

(f) THE COMPANY MAKES NO WRITTEN, EXPRESSED OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.
(g) No right of the COMPANY under this agreement may be waived except in writing by any officer of the COMPANY.

(h) REPAIRS: RENTER/DRIVER(S) shall not permit any repairs to the VEHICLE or suffer any lien to be placed upon it without COMPANY’s prior written consent. RENTER/DRIVER(S) shall be liable for any such repairs.

(i) RENTER/DRIVER(S) authorizes COMPANY or its AGENTS to obtain and share credit and personal information with credit reporting agencies, credit bureaus, collection facilities and/or driver’s license validation agencies upon execution of said agreement within the Legislation of the Personal Information Protection and Electric Documents Act.

(j) RENTER/DRIVER(S) is liable for any damages sustained to the vehicle until it is inspected and accepted by the COMPANY.

(k) A $250.00 service charge may apply to rentals returned early due to insurance company steering.

(l) An administration charge, not to exceed $100.00 will be charged to RENTER/DRIVER(S) in the event of a credit card chargeback that is proved to be valid to the cardholders issuing bank.

(m) Authorized drivers shall comply with all jurisdictional highway and traffic laws, applicable seatbelt and child restraint laws. 

OTIONAL PRODUCTS. you will pay for any optional products accepted at the beginning of the rental at the daily rate for each day or partial day while on rent to You. The cost, terms, availability and/or the provider and terms may vary from location to location. Separate brochures, whose terms are incorporated herein, explain the available products.

LIABILITY INSURANCE 

1. For rentals in the Province of Ontario, Canada; The insurance policy of the Renter or driver of a rental vehicle will be required to pay first in the event of liability arising out of the use and operation of a leased vehicle (Section 227 (1.1) of the Insurance Act). By entering into this Rental Agreement, You agree to provide us information regarding any insurance policies available to You and You give permission and consent to US Or employees, agents, servants and insurers to obtain and maintain information about Your third party liability auto insurance coverage and all particulars of any contracts of automobile insurance under which You or Your spouse is or may be a named insured or and insured person, and/or entitled to coverage for third party liability claims, expenses, losses or damages and defense costs.

1. INTRODUCTION

AxiomThemes (website url address: https://axiomthemes.com/ appreciates your business and trust. We are Cyprus based company, creating products to enhance your website building experience. Please read this Privacy Policy, providing consent to both documents in order to have permission to use our services.

2. DATA COLLECTED

DATA STORAGE LOCATION

We are Cyprus based company and operate web servers hosted in Germany. Our hosting provider Hetzner Online GmbH adheres to the EU/US “Privacy Shield”, ensuring that your data is securely stored and GDPR compliant. For more information on Hetzner Online GmbH privacy policy, please see here: Hetzner Data Privacy Policy.

REGISTRATION DATA

If you register on our website, we store your chosen username and your email address and any additional personal information added to your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit this information.

PURCHASE DATA

To receive product support, you have to have one or more Envato/AxiomThemes purchase codes on our website. These purchase codes will be stored together with support expiration dates and your user data. This is required for us to provide you with downloads, product support and other customer services.

SUPPORT DATA

If you have registered on our website and have a valid support account, you can submit support tickets for assistance. Support form submissions are sent to our third party Ticksy ticketing system. Only the data you explicitly provided is sent, and you are asked for consent, each time you want to create a new support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

COMMENTS

When you leave comments on the website we collect the data shown in the comments form, and also the IP address and browser user agent string to help spam detection.

CONTACT FORM

Information submitted through the contact form on our site is sent to our company email, hosted by Zoho. Zoho adheres to the EU/US “Privacy Shield” policy and you can find more information about this here: Zoho Privacy Policy.

These submissions are only kept for customer service purposes they are never used for marketing purposes or shared with third parties.

GOOGLE ANALYTICS

We use Google Analytics on our site for anonymous reporting of site usage. So, no personalized data is stored. If you would like to opt-out of Google Analytics monitoring your behavior on our website please use this link: Google Analytics Opt-out.

CASES FOR USING THE PERSONAL DATA

We use your personal information in the following cases:

• Verification/identification of the user during website usage;
• Providing Technical Assistance;
• Sending updates to our users with important information to inform about news/changes;
• Checking the accounts’ activity in order to prevent fraudulent transactions and ensure the security
• over our customers’ personal information;
• Customize the website to make your experience more personal and engaging;
• Guarantee overall performance and administrative functions run smoothly.

3. EMBEDDED CONTENT

Pages on this site may include embedded content, like YouTube videos, for example. Embedded content from other websites behaves in the exact same way as if you visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged-in to that website. Below you can find a list of the services we use:

FACEBOOK

The Facebook page plugin is used to display our Facebook timeline on our site. Facebook has its own cookie and privacy policies over which we have no control. There is no installation of cookies from Facebook and your IP is not sent to a Facebook server until you consent to it. See their privacy policy here: Facebook Privacy Policy .

TWITTER

We use the Twitter API to display our tweets timeline on our site. Twitter has its own cookie and privacy policies over which we have no control. Your IP is not sent to a Twitter server until you consent to it. See their privacy policy here: Twitter Privacy Policy .

YOUTUBE

We use YouTube videos embedded on our site. YouTube has its own cookie and privacy policies over which we have no control. There is no installation of cookies from YouTube and your IP is not sent to a YouTube server until you consent to it. See their privacy policy here: YouTube Privacy Policy.

4. COOKIES

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. Cookies generally exist to make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the help section of your browser.

NECESSARY COOKIES (ALL SITE VISITORS)

• cfduid: Is used for our CDN CloudFlare to identify individual clients behind a shared IP address and apply security settings on a per-client basis. See more information on privacy here: CloudFlare Privacy Policy.
• PHPSESSID: To identify your unique session on the website.

NECESSARY COOKIES (ADDITIONAL FOR LOGGED IN CUSTOMERS)

• wp-auth: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
• wordpress_logged_in_{hash}: Used by WordPress to authenticate logged-in visitors, password authentication and user verification.
• wordpress_test_cookie Used by WordPress to ensure cookies are working correctly.
• wp-settings-[UID]: WordPress sets a few wp-settings-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.
• wp-settings-[UID]:WordPress also sets a few wp-settings-{time}-[UID] cookies. The number on the end is your individual user ID from the users database table. This is used to customize your view of admin interface, and possibly also the main site interface.

5. WHO HAS ACCESS TO YOUR DATA

If you are not a registered client for our site, there is no personal information we can retain or view regarding yourself.

If you are a client with a registered account, your personal information can be accessed by:

• Our system administrators.
• Our supporters when they (in order to provide support) need to get the information about the client accounts and access.

6. THIRD PARTY ACCESS TO YOUR DATA

We don’t share your data with third-parties in a way as to reveal any of your personal information like email, name, etc. The only exceptions to that rule are for partners we have to share limited data with in order to provide the services you expect from us. Please see below:

ENVATO PTY LTD

For the purpose of validating and getting your purchase information regarding licenses for our theme, we send your provided tokens and purchase keys to Envato Pty Ltd and use the response from their API to register your validated support data. See the Envato privacy policy here: Envato Privacy Policy.

TICKSY

Ticksy provides the support ticketing platform we use to handle support requests. The data they receive is limited to the data you explicitly provide and consent to being set when you create a support ticket. Ticksy adheres to the EU/US “Privacy Shield” and you can see their privacy policy here: Ticksy Privacy Policy.

7. HOW LONG WE RETAIN YOUR DATA

When you submit a support ticket or a comment, its metadata is retained until (if) you tell us to remove it. We use this data so that we can recognize you and approve your comments automatically instead of holding them for moderation.

If you register on our website, we also store the personal information you provide in your user profile. You can see, edit, or delete your personal information at any time (except changing your username). Website administrators can also see and edit that information.

8. SECURITY MEASURES

We use the SSL/HTTPS protocol throughout our site. This encrypts our user communications with the servers so that personal identifiable information is not captured/hijacked by third parties without authorization.

In case of a data breach, system administrators will immediately take all needed steps to ensure system integrity, will contact affected users and will attempt to reset passwords if needed.

9. YOUR DATA RIGHTS

GENERAL RIGHTS

If you have a registered account on this website or have left comments, you can request an exported file of the personal data we retain, including any additional data you have provided to us.

You can also request that we erase any of the personal data we have stored. This does not include any data we are obliged to keep for administrative, legal, or security purposes. In short, we cannot erase data that is vital to you being an active customer (i.e. basic account information like an email address).

If you wish that all of your data is erased, we will no longer be able to offer any support or other product-related services to you.

GDPR RIGHTS

Your privacy is critically important to us. Going forward with the GDPR we aim to support the GDPR standard. AxiomThemes permits residents of the European Union to use its Service. Therefore, it is the intent of AxiomThemes to comply with the European General Data Protection Regulation. For more details please see here: EU GDPR Information Portal.

10. THIRD PARTY WEBSITES

AxiomThemes may post links to third party websites on this website. These third party websites are not screened for privacy or security compliance by AxiomThemes, and you release us from any liability for the conduct of these third party websites.

All social media sharing links, either displayed as text links or social media icons do not connect you to any of the associated third parties, unless you explicitly click on them.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. AxiomThemes bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.

11. RELEASE OF YOUR DATA FOR LEGAL PURPOSES

At times it may become necessary or desirable to AxiomThemes, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.

Any passing on of personal data for legal purposes will only be done in compliance with laws of the country you reside in.

12. AMENDMENTS

We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will update this page accordingly and require you to accept the amendments in order to be permitted to continue using our services.