Terms and Conditions of Use
Subject
The purpose of this Private Lease website (leasingprive.lu) (hereinafter referred to as the "Website") is to offer you long-term vehicle rental services designed specifically for individuals who are Luxembourg tax residents (hereinafter referred to as the "Services").
This Website is the property of Axus Luxembourg SA, a company incorporated under Luxembourg law, located at 270 route d’Arlon, L-8010 Strassen, and registered with the Luxembourg Trade Register under number B23299.
These terms and conditions (hereinafter referred to as the "Terms") govern both the access of the user (hereinafter referred to as the "user," "you," "your," or "yours") and the use of the content offered by Axus Luxembourg SA (hereinafter referred to as "Axus," "we," "us," "our") on the Website. They apply to all users of the Website.
By accessing and using this Site, the user acknowledges having read and understood these Terms and agrees to be bound by each of its provisions.
Usage
AXUS decides independently whether you are authorized to use its Site. Under the same conditions, AXUS may, at any time, temporarily or permanently refuse access to its Site to a user. Such a decision does not have to be justified and can never give rise to the award of compensation payable by AXUS.
The Services provided are not transferable to third parties (in the broadest sense of the term, including subsidiaries, subcontractors, etc.) without the express prior written consent of AXUS.
Minors (under 18 years of age) are not permitted to use the Site.
Terms of Service
The Services offered are subject to general and specific terms and conditions applicable to these Services.
No illegal or prohibited use
The user agrees not to use the Site, or the content provided on or through the Site, for any purpose that is unlawful or prohibited by these Terms.
Changes to the Terms of Use
AXUS reserves the right to modify, at any time and without notice, the terms of use of the Site or its content.
The amended terms of use will be published on the Website.
They automatically come into effect 14 days after the date of their publication on the Site. This date must be mentioned at the bottom of the terms of use. In the meantime, the latest terms of use remain in effect and can be consulted on the Site.
Site availability, suspension, and termination of site use
AXUS may suspend access to and use of the Site at any time and without notice (i) for repair and maintenance work, (ii) to update and/or modify the content as necessary, and (iii) in the event that AXUS believes that you or any person who has become aware of your password is likely to violate these Terms and Conditions.
AXUS cannot guarantee that all features of the Site will always be available without errors or interruptions, or that such errors or interruptions will be repaired immediately.
AXUS may terminate access to and use of the Site if AXUS ceases to offer the Site for any reason. AXUS will make every reasonable effort to notify you as soon as possible and provide you with the reason for termination. In this case, you will retain the right to contact the webmaster.
Under no circumstances may the user claim compensation or financial compensation for any reason whatsoever.
Liability
The user uses the Site under his or her sole and entire responsibility.
AXUS is not liable for any direct or indirect damages resulting from the use of this Site.
Furthermore, AXUS declines all responsibility (direct or indirect) in the event of (temporary) interruption, possible malfunction, or unavailability of the Site. In this regard, AXUS cannot be held liable in any way, even in the event of indirect damage.
You will be solely responsible for any damage to your computer system or loss of data resulting from downloading data.
The limitations and/or exclusions of liability of AXUS mentioned above apply to the extent possible under applicable law.
In the event of a breach of these Terms and Conditions, AXUS reserves the right to refuse access to the Site, without prejudice to the right of AXUS or any third party to claim damages for any direct or indirect damage suffered as a result of the breach.
You shall, upon request, indemnify AXUS against any third-party claims and compensate AXUS for any loss, cost, action, lawsuit, complaint, damage, expense (including reasonable legal fees and expenses), or liability, borne or incurred directly or indirectly by AXUS as a result of your access to or use of the Site or your violation or non-compliance with these Terms.
Intellectual property
Use of the Site does not confer any rights on the user with regard to this Site and/or its content.
The user acknowledges that the Site contains texts, drawings, photographs, films, images, data, databases, software, trademarks, logos, names, trade names, domain names, and other elements protected by intellectual property rights belonging to AXUS or third parties.
The name, concept, and all constituent elements of the Services (including databases) that AXUS temporarily makes available are its exclusive property and may not be reproduced, copied, or used in any way by the user in violation of these terms and conditions.
Copying, transferring, or disclosing data, access codes, and/or passwords by the user to third parties is strictly prohibited and may result in civil and criminal prosecution.
The creation of a hyperlink to the Site, any framing of the Site, and more generally any use of any element comprising the Site, is subject to the prior, written, and express authorization of AXUS.
Protection of personal data
AXUS processes each user's personal data in strict compliance with the following principles:
The applicable legislation and, in particular, the regulation of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and
The personal data protection policy published on the Site and/or available on request by email via lu.privacy@Axusautomotive.com.
Use of this Website implies that you have read and understood the above policy.
Miscellaneous provisions, applicable law, and jurisdiction
The invalidity, nullity, or unenforceability of all or part of the foregoing provisions shall not invalidate these Terms of Use as a whole. In such a case, the provision in question shall be deemed unwritten, and the user agrees that AXUS may replace that provision with another that fulfills, to the extent possible, the same function.
Any dispute arising from or related to the use of this Site and its terms of use is subject to Luxembourg law.
In the event of a dispute or disagreement, only the courts of Luxembourg shall have jurisdiction, unless mandatory legal provisions do not accept such jurisdiction.
The parties agree that electronic communication between them shall have the legal validity of a written document.