1. APPLICABILITY
This User Agreement, along with the Terms of Service (collectively referred to as the "User Agreement"), establishes the terms and conditions for the utilization of services and products provided by Busmein. Busmein is a brand owned, managed, and operated by Busmein Cameroon Private Limited.
Any individual ("User") who makes inquiries about or purchases any products or services from Busmein through its websites, mobile applications, salespersons, offices, call centers, branch offices, franchisees, agents, etc. (all collectively referred to as "Sales Channels") agrees to be bound by this User Agreement. The websites and mobile applications of Busmein are collectively referred to as the 'Website.'
Both the User and Busmein are individually referred to as a 'Party' and collectively referred to as 'Parties' to the User Agreement.
The "Terms of Service," available on Busmein’s website, outline the terms and conditions applicable to various services or products enabled by Busmein. The User should refer to the relevant Terms of Service applicable to the specific product or service booked by the User. Such Terms of Service are binding on the User.
2. ELIGIBILITY TO USE
A. The User must be at least 18 years of age and must possess the legal authority to enter into an agreement to become a User and use Busmein's services. If you are a minor or are below the age of 18 years, you shall not register as a User on the Website or transact on or use the Website.
B. If a minor wishes to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or if any information pertaining to your age entered at the time of creating an account is false.
C. Before using the Website, approaching any Sales Channels, or procuring the services of Busmein, Users shall compulsorily read and understand this User Agreement. Users shall be deemed to have accepted this User Agreement as a binding document that governs User’s dealings and transactions with Busmein. If the User disagrees with any part of this Agreement, they must not avail Busmein's services and must not access or approach the Sales Channels of Busmein.
D. All rights and liabilities of the User and Busmein concerning any services or product enabled by Busmein shall be restricted to the scope of this User Agreement.
3. CONTENT
A. All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, and similar content ("Content"), is registered by Busmein and protected under applicable intellectual property laws. Users cannot use this Content for any purpose other than as specified herein.
B. Users agree to follow all instructions provided by Busmein, which will prescribe the way such Users may use the Content.
C. Various proprietary logos, service marks, and trademarks are displayed on the Website and through other Sales Channels of Busmein, as applicable. Busmein does not grant Users a license, right, or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Unauthorized use of the Content will be in violation of applicable law.
4.WEBSITE
A. Purpose and Lawful Use
The Website is intended for use by bona fide Users for lawful purposes.
B. Usage Restrictions
Users shall not distribute, exchange, modify, sell, or transmit anything from the Website, including but not limited to text, images, audio, and video, for any business, commercial, or public purpose.
C. User Rights and Responsibilities
The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted. Users agree not to interrupt or attempt to interrupt the operation of the Website in any manner.
D. Registration and Access
Access to certain features of the Website may only be available to registered Users. The registration process may require the User to answer certain questions or provide information, which may be personal. Some fields may be mandatory or optional. The User represents and warrants that all information supplied to Busmein is true and accurate.
E. Termination and Maintenance
Busmein reserves the right, at its sole discretion, to terminate access to the Website and the services offered, or any portion thereof, at any time without notice, for general maintenance or any other reason.
F. Content Download and Risk
Busmein endeavors to ensure that the content on its websites and other sales channels is free of viruses or malware. However, any data or information downloaded or obtained through the use of the Website is at the User’s own discretion and risk. Users will be solely responsible for any damage to their computer systems or loss of data resulting from such downloads.
G. Website Improvements
Busmein reserves the right to periodically make improvements or changes to its Website at any time without prior notice to the User.
H. Reporting Unlawful Content
Users are requested to report any content on the Website deemed unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive of privacy, abusive, fraudulent, against any religious beliefs, spam, or violative of any applicable law to report@busmein.com. Upon receiving such reports, Busmein reserves the right to investigate and take appropriate action.
I. Prohibited Content
Users shall not host, display, upload, publish, transmit, or share any information on Busmein’s website or app that:
J. Reporting Procedure for Objectionable/Infringing Content
A. Users can report any objectionable content through report@busmein.com.
B. Complaints will be reviewed within the prescribed timeframe under applicable law.
C. Complaints must clearly identify violations, the location of the material on the Website, proof of ownership for IP violations, and contact information.
D. Busmein may share complaint contents with necessary third parties to determine rights and liabilities.
E. Busmein aims to resolve content-related complaints within the prescribed time period, provided all relevant information is provided by the complainant. Busmein acts in good faith in the determination of any complaintand shall not be liable, in any manner whatsoever, for any act or omission of Busmein pursuant to such complaint, and no such actor omission shall be construed to be an admission of any liability.All of Busmein’s rights in such matters are fully reserved. Busmein does not provide any guarantee or warranty in respect of
the outcome of any.
5. BOOKINGS BY TRAVEL AGENTS:
A. Commercial Use by Travel Agents
Without prior registration as B2B agents, priority partners, or franchisees, and explicit permission from Busmein, travel agents, tour operators, consolidators, or aggregators ("Travel Agents") are prohibited from using this Website for commercial or resale purposes. Busmein reserves the right to cancel such bookings without notice and withhold payments or refunds. Incidental loss or damage arising from bookings made through Travel Agents is not the liability of Busmein; Travel Agents bear sole responsibility for cancellations.
B. Discounts and Offers
All discounts and offers mentioned on the Website are applicable only to Busmein Users for legitimate bookings.
6. LIMITED LIABILITY OF BUSMEIN:
A. Platform Role
Unless explicitly acting as a reseller, Busmein serves as an online technology platform connecting Users with service providers (e.g., bus operators). Busmein's liability is limited to providing Users with confirmed bookings.
B. Responsibility of Service Providers
Any issues or concerns during service availing are the sole responsibility of the Service Provider. Busmein holds no liability for acts, omissions, errors, representations, warranties, breaches, or negligence by Service Providers.
C. No Guarantee by Busmein
Busmein assumes no liability for the standard, quality, fitness, or availability of services provided by Service Providers. The contract of service is between the User and the Service Provider.
7. USER'S RESPONSIBILITY:
A. Booking Conditions
Users must carefully review service and product descriptions before booking, agreeing to conditions in booking confirmations or confirmed vouchers. These conditions are to be read in conjunction with the User Agreement.
B. Booking on Behalf of Another
If a User books on behalf of another person, it is the User's responsibility to inform them of this Agreement, including applicable rules and restrictions.
C. Compliance with Laws
Users must adhere to all procedures, guidelines, and applicable laws, regulations, orders, and directions related to service use issued by relevant authorities.
D. Services "As Is"
Services are provided on an "as is" and "as available" basis. Busmein may change features or functionality without prior notice. Busmein disclaims all warranties, express or implied.
E. Communication Authorization
Users authorize Busmein’s representatives to contact them via phone, message, and email, superseding any national customer preference register (NCPR) or similar preferences.
8. SECURITY AND ACCOUNT INFORMATION:
A. Account Password Responsibility
Users, upon registration, must choose a password and are solely responsible for maintaining its confidentiality. Unauthorized use notification and security breach reporting are the User's duties. Busmein is not liable for losses due to unauthorized account use.
B. Information Security
Information provided to the Website may be read or intercepted due to security breaches. Busmein secures credit card, debit card, and bank information in compliance with laws but may verify User information for fraud detection or credit offerings.
C. Data Security Measures
Busmein adopts industry-standard security measures for User information but cannot guarantee against system security breaches impacting User information.
D. USER DATA SHARING:
The data of the User, as available with Busmein, may be shared with concerned law enforcement agencies for any lawful or investigative purpose without the consent of the User.
9. FEES AND PAYMENT:
A. Additional Fees and Right to Alter:
In addition to the Service Providers' booking cost, Busmein reserves the right to charge convenience fees or service fees. Busmein may alter these fees, and any changes will be displayed to the User before confirming the booking or collecting payment.
B. Short Charging and Balance Payment:
In cases of short charging due to technical errors, Busmein reserves the right to deduct, charge, or claim the balance amount. Failure to pay before the utilization date may lead to booking cancellation.
C. Price Increase and Imposition of Taxes:
Any increase in price due to changes in taxes or new taxes imposed by the government will be borne by the User as per applicable law.
D. Refunds and Unconfirmed Bookings:
In case of unconfirmed bookings, Busmein will process refunds to the User's account or banking instrument. Busmein is not obligated to provide alternate bookings. Refund policies of the service provider and Busmein, as applicable, will be followed.
E. User Responsibility for Charges:
The User is entirely responsible for charges, fees, duties, taxes, and assessments arising from service use, as per applicable laws.
F. Payment to Busmein:
The User agrees to make all payments only to Busmein's payment gateway accounts . Busmein or its representatives will never ask the User to transfer money to any private account not held in Busmein's name. Busmein is not liable for amounts transferred to third parties.
G. Protection of Sensitive Information:
The User must not share sensitive information like credit/debit card details with Busmein's agents, employees, or representatives. Busmein is not liable for losses incurred due to sharing such details.
H. Refund Processing and Cancellation Policy:
Refunds for canceled bookings will be processed to the respective mobile money account or banking instrument used for payment. User bookings are subject to applicable cancellation policies. Users are only eligible for refunds if they send a cancel and refund request 2 hours before the bus boarding time for which a refund of 60% the total ticket cost will be refunded to the user. Only users with accounts on Busmein are eligible for refunds this can be done by raising a ticket from their accounts providing the necessary data as required by Busmein to process their refunds.
10. USAGE OF USER'S CONTACT DETAILS:
A. Communication Modes:
Busmein will communicate booking-related information via SMS, internet-based messaging applications, voice calls, or email based on User-provided details.
B. User Consent for Communications:
The User unconditionally consents that communications from Busmein are upon request and authorization, transactional, and not unsolicited commercial communication as per telecom regulations.
C. User Indemnification:
The User indemnifies Busmein against losses due to any action taken by regulatory authorities based on erroneous complaints raised by the User regarding communications.
11. INSURANCE:
A. User's Obligation for Insurance:
Unless explicitly provided by Busmein, obtaining sufficient insurance coverage is the User's obligation. Busmein does not accept claims arising from scenarios without adequate insurance.
B. Third-Party Insurance Terms:
If insurance is provided, it is as per the terms and conditions of the third-party insurance company. Busmein acts as a platform connecting Users with insurance companies, and Users must contact the insurance company for claims or disputes.
12. FORCE MAJEURE:
A. Exceptional Circumstances:
In exceptional circumstances where Busmein or Service Providers cannot honor confirmed bookings due to uncontrollable reasons, alternative solutions or refunds may be provided.
B. Technical Failures and Liability Limitation:
In the event of non-confirmation due to technical reasons, Busmein's obligation is limited to refunding the booking amount. Busmein is not liable for any direct or indirect damages connected to the use of the Website or Sales Channel.
C. In no event shall Busmein and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
13. ADVERTISERS ON BUSMEIN, AND LINKED WEBSITES:
A. Third-Party Websites:
The Website may contain links to third-party websites. Busmein does not control these websites and is not responsible for their contents. User access to any third-party website is at their own risk, and Busmein assumes no liability.
B. Errors, Omissions, and Endorsement:
Busmein is not responsible for errors, omissions, or representations on its pages or linked websites, provided directly by Service Providers or advertisers. Busmein does not endorse advertisers on its Website and urges Users to verify information on third-party web pages.
C. Linked Sites Disclaimer:
Linked sites are not under Busmein's control, and Busmein is not responsible for their contents, changes, or updates. Providing links is a convenience, and Users access them at their discretion.
14. RIGHT TO REFUSE:
A. Busmein's Discretion and Service Refusal:
- Busmein has the right to refuse any booking without assigning a reason.
- Services or confirmed booking details will not be provided until complete consideration is received.
- Busmein may limit User activity, suspend or terminate registration, or refuse access if the User breaches the agreement or poses potential liability.
B. User Suspension and Reinstatement:
- Suspended Users shall not register with different credentials until reinstated by Busmein.
- Busmein may reinstate suspended users at its sole discretion.
C. Legal Actions and User Conduct:
- Busmein reserves the right to recover amounts due, take legal action, and terminate User registration for breaches.
- Users shall not communicate abusive, threatening, offensive, defamatory, or objectionable content. Violations may result in legal action.
D. Service Provider's Right to Refuse:
- End service providers may refuse services for bookings made through Busmein for reasons like behavioral issues, public safety, health hazards, etc.
- Claims, refunds, or damages resulting from such refusals are the responsibility of the end service provider, not Busmein.
15. RIGHT TO CANCEL:
A. User Information Accuracy:
- Users must provide correct and valid information to Busmein.
- Misrepresentation disentitles Users from availing services.
B. Discovery of Misrepresentation:
- If Busmein discovers unauthorized requests, incorrect information, or misrepresentation, it may take legal remedies, including cancellation of bookings, without prior notice.
- Busmein is not responsible for losses or damages resulting from such cancellations.
C. Cancellation on Government Request:
- If a government authority requests booking cancellations, Busmein will comply without notifying the User whose booking is canceled.
D. Busmein Safeguarding Interests:
- Users shall not hold Busmein responsible for loss or damage resulting from measures taken to safeguard Busmein's interests, including denying or canceling bookings due to suspected fraud transactions.
16. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING, OR FRAUDULENT ACTIVITIES:
A. Communication Policy:
- Busmein’s employees or authorized representatives will never request sensitive information such as credit or debit card details, expiry date, CVV, net banking login, passwords, OTP, or ask for fund transfers to personal bank accounts.
- Users will not be asked to install third-party applications to view their mobile or computer screens.
B. Fraud Warning:
- Acting on such requests may make Users susceptible to fraud, potentially resulting in the loss of money or personal information.
C. Reporting Suspicious Activity:
- If Users are asked for the mentioned information, they should immediately report it to riskcontrol@Busmein.com.
17. INDEMNIFICATION:
A. User's Responsibility:
- The User agrees to indemnify, defend, and hold harmless Busmein, its affiliates, and their respective officers, directors, lawful successors, and assigns from any losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements) arising from any breach of representation or warranty, or non-performance of any covenant by the User.
B. Liability for Breach:
- The User is solely liable for any breach of country-specific rules, regulations, or general codes of conduct. Busmein cannot be held responsible for such breaches.
18. COVID-19 RELATED TERMS & CONDITIONS
A. The User agrees that, due to the recent outbreak of the COVID-19 pandemic declared as a national disaster by the Government of India, there may be instances where the end service provider either cancels the booking or refuses to provide the services as agreed with the User. The refusal of service may be due to reasons including, but not limited to, the User:
a. Exhibiting any symptoms associated with COVID-19.
b. Refusing to comply with safety advisories, such as wearing protective gear and complying with social distancing norms.
c. Suffering from any ailment making the User vulnerable to the virus.
d. Posing a threat to the health and safety of others.
In such cases, Busmein assumes no liability for the refusal of service by the end service provider. The User also agrees that any refund for such bookings will be processed by Busmein to the User, subject to receipt of the same from the end service provider.
B. The User further understands that, due to the outbreak of COVID-19, the Central Government, through its ministries, State Governments, and statutory bodies, has or may come up with a detailed set of guidelines or standard operating procedures (SOP) that a traveler must follow to undertake the travel.
C. The User agrees to abide by all such guidelines/SOP while undertaking any travel. Failure to abide by such detailed guidelines/SOP may lead to a situation where the service provider or any person authorized by the Central Government, State Government, or statutory body may disallow the User to undertake the travel. In such circumstances, Busmein will not be held liable for such refusal to travel, and any refund shall strictly adhere to the terms of the service provider.
D. The User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Government/appropriate authority from time to time. The User should have no medical history of the COVID-19 virus 28 days before the date of scheduled travel, especially in the case of inbound travel. In this regard, the User may be required to furnish medical proof or a health declaration in an applicable format.
19. MISCELLANEOUS
A. SEVERABILITY:
- If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision, and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
B. JURISDICTION:
- This Agreement is subject to interpretation as per the laws of Cameroon, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Yaounde.
C. AMENDMENT TO THE USER AGREEMENT:
- Busmein reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
D. CONFIDENTIALITY:
- Any information specifically mentioned by Busmein as confidential shall be maintained confidentially by the User and shall not be disclosed unless required by law or to serve the purpose of this User Agreement and the obligations of both parties herein.
E. FEEDBACK FROM CUSTOMER:
- Busmein would like to know the feedback of the Users for improving its services. The User hereby authorizes Busmein to contact the User for their feedback on various services offered by Busmein. Such feedback may be collected through emails, telephone calls, SMS, or any other medium from time to time. In case the User chooses not to be contacted, the User shall write to Busmein for specific exclusion at privacy@busmein.com.
F. PRIVACY POLICY:
- Users shall also refer to Busmein’s Privacy Policy available on Busmein’s website, which governs the use of the Websites. By using the Website, the User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Busmein and its affiliates in accordance with the terms of the Privacy Policy.
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