These website terms and conditions ("User Terms") govern and apply to your visit to, and use of, the Application, websites, content, products, and other services (the "Services") made available by OurBus Inc., a Delaware corporation with offices located at 79 Madison Avenue, New York, NY 10016 ("OurBus").
These User Terms govern the access and use of the Services, whether through a computer, mobile device, or otherwise. By accessing and using the Services, you consent to be bound by these User Terms. Please ensure that you read and understand all these user terms before you use the Services. If you do not desire to accept the User Terms, then do not use the Services.
OurBus retains the right to amend these User Terms from time to time. Your continued access or use of the Services after such amendment constitutes your consent to be bound by the Terms, as amended.
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
3.1 In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 15 years of age to obtain an Account.
3.2 Account registration requires you to submit specified Registration Data, including certain personal information, such as your name, address, mobile device number, age, and payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information. Your failure to maintain accurate, complete, and up-to-date information, such as the expiration of a payment method, may result in your inability to access and use the Services or the termination of your Account. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by OurBus in writing, you may only possess one Account.
3.3 Your Account cannot be transferred, assigned, or sold. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
3.4 In accepting these User Terms you agree that any information or materials that you or individuals acting on your behalf provide to OurBus, other than the Registration Data or any other data submitted by you during the use of the Services, will not be considered confidential or proprietary.
3.5 It is your responsibility to check to ensure that you download the correct application for your mobile device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you use the Service or Application with an incompatible or unauthorized device.
3.6 OurBus allows you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of your Account, you should immediately contact Us at firstname.lastname@example.org
3.7 In the event that you are unable to access your Account, please inform Us at email@example.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through your Account prior to the expiration of seventy-two hours after you have made a request in writing for blocking your Account, and We shall not have any liability in case of Force Majeure Event.
4.1 By using the Services, you agree that:
4.2 You may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you do not provide proof of identity; and
4.3 You will promptly inform OurBus on any change in the information provided by you.
5.1 OurBus reserves the right to immediately terminate the Services and the use of the Application in the event you do not comply with any of the User Terms. OurBus will store your contact information for all matters related to the Services.
5.2 OurBus may provide information regarding services, discounts and promotions to you by e-mail messages to your e-mail address and/or SMS alerts to your mobile device. You also have the option to discontinue receiving such information at any time. To discontinue receiving such information, you may visit the specific link provided in the OurBus website or by emailing firstname.lastname@example.org.
5.3 You agree to grant OurBus a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights, or any other rights you have in your information. YOU AGREE AND PERMIT OURBUS TO SHARE YOUR INFORMATION WITH THIRD PARTIES.
5.4 OurBus will be entitled to enter into any agreement, joint-venture, or other relationship with any other entity engaged in the business of providing similar services. In such case, you will be provided with the services by OurBus jointly and/or severally with such entity or entities, and these User Terms will be deemed amended so as to be applicable to such agreement, joint-venture, or other relationship. You hereby give your irrevocable consent and permission to such agreement, joint-venture, or other relationship.
5.5 LICENSE: Subject to your compliance with these User Terms, OurBus grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (a) access and use the Services; and (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by OurBus and OurBus's licensors.
5.6 RESTRICTIONS: You may not: (a) remove any copyright, trademark, service mark, or other proprietary notices from any portion of the Services; (b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by OurBus; (c) decompile, reverse engineer, or disassemble the Services except as may be permitted by applicable law; (d) link to, mirror or frame any portion of the Services; (e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (f) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
5.8 OWNERSHIP: The Services and all rights therein are and shall remain OurBus's property or the property of OurBus's licensors. Neither these User Terms nor your use of the Services convey or grant to you any rights: (a) or related to the Services except for the limited license granted above; or (b) to use or reference in any manner OurBus's company names, logos, product and service names, trademarks, service marks, or services marks or those of OurBus's licensors.
OurBus shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes.
By accepting these User Terms and using the Services, you hereby agree that you shall defend, indemnify and hold OurBus, its affiliates, licensors, and its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party; and (c) your use or misuse of the Services.
8.1 The information, recommendations, and/or Services provided to you are for general information purposes only and does not constitute advice. OurBus will reasonably keep the Services and its contents correct and up-to-date, but does not guarantee that the Services are free of errors, defects, malware and viruses, or that the Services are correct, up-to-date, and accurate.
8.2 OurBus shall not be liable for any damages resulting from the use of or inability to use the Services, including damages caused by wrong usage of the Services, network issues, malware, viruses, or any incorrectness or incompleteness of the information provided.
8.3 OurBus does not assure a complete sustainability of the Services and shall not be held responsible or liable for the Services.
8.4 IN NO EVENT SHALL OURBUS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
8.5 IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF OURBUS ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS.
8.6 If applicable law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability shall be the minimum permitted under applicable law.
9.1 OurBus, and its licensors, where applicable, is the exclusive owner of all right, title and interest, including all related intellectual property rights, in and relating to (a) the Services and any suggestions, ideas, enhancement requests, feedback, and/or recommendations that you may provide; (b) text, graphics, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code; and (c) other information provided by you or any other party relating to the Services.
Third-party trademarks and service marks may appear as part of the Services, and all rights therein are reserved to the registered owners of those trademarks and service marks. For use of any third-party's intellectual property, you need to obtain permission directly from the owner of the intellectual property.
9.2 These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by OurBus. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the Services.
9.3 You may use information within the Services purposely made available by OurBus for downloading, provided that you: (a) do not remove any proprietary notice language from any and all copies of such documents, and make no modifications to the information; (b) use such information only for your personal, non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media; and (c) do not make any additional representations or warranties relating to such information.
If permitted by OurBus, you may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site by Us. You must not use on your site, in any manner, any OurBus trademarks or service marks, or any content belonging to OurBus and appearing within the Services, including any logos or characters, without our express written consent. You must not frame or otherwise incorporate into another third-party website, or present in conjunction with or against such a website, any of the content or other materials within the Services without our prior written consent.
11.1 Unless terminated in accordance with this section 11, this agreement between you and OurBus is perpetual downloading the Application and for each reservation made using the Services.
11.2 You may, however, terminate the agreement at any times by deleting your Account, thereby disabling your use of the Services. You can close your Account at any time by following the instructions within the Services.
11.3 OurBus may terminate the agreement at any time and with immediate effect by disabling your use of the Services if you: (a) violate or breach any term of these User Terms, or (b) misuse the Services. OurBus may or may not give notice of the termination of the agreement in advance. After termination OurBus will give notice thereof in accordance with these User Terms.
11.4 Termination of this agreement will not prejudice accrued rights of either you or OurBus.
11.5 Sections 7 (Indemnification), 8 (Liability), 9 (Intellectual Property Ownership), 11 (Term and Termination), 15 (Applicable Law and Dispute Resolution), and such other provisions which are intended to survive the termination, shall survive the termination of these User Terms in accordance with their terms.
OurBus may change these User Terms from time to time, and the changes will be effective when posted within the Services and/or when we notify you by other means. We may also modify, replace or discontinue the Services, in whole or in part. Your continued use of the Services after OurBus posts or otherwise notifies you of any changes, constitutes your agreement to the changes. It shall be your responsibility to check these User Terms periodically for changes. Your use of the Services is subject to the most recent version of the User Terms made available within the Services.
13.1 You agree that OurBus is merely an electronic platform that aggregates bus information, sells tickets only as agent for motor carriers of passenger, but does not in any manner provide transportation services. OurBus does not endorse, advise or recommend you to avail of the services of motor carrier. OurBus also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted within the Services.
13.2 OurBus does not authorize anyone to make a warranty on Our behalf and you shall not rely on any statement of warranty as a warranty by Us.
13.3 OurBus and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from your use or non-use of the Services, or your reliance upon the Service, or the information contained within the Services.
13.4 The Services, and all content within the Services, are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your access of the Services, that your use of Services is at your sole risk, that you assume full responsibility for your access and use of the Services, and that OurBus shall not be liable for any damages of any kind related to your access and use of the Services.
13.5 All images, audio, video and text within the Services are only for illustrative purposes. None of the models, actors or products in the images, if any, is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
14.1 These User Terms shall be considered the entire agreement between you and OurBus, and replace all prior understandings, communications and agreements, oral or written, regarding the subject matter. This agreement may be modified only by a written amendment signed by the parties or as provided in these User Terms above. If any court of law having jurisdiction rules that any part of these User Terms is invalid, then that part will be removed without affecting the remainder of the terms. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of these terms to anyone (except as expressly stated herein) without the prior written approval of OurBus. However, OurBus may assign or transfer it without your consent to: (a) an affiliate, (b) another company through a sale of assets by OurBus or (c) a successor. Any assignment in violation of this section shall be void. If you want to request a transfer of these User Terms, contact OurBus via an e-mail message to email@example.com.
14.2 Non-disclosure, non-compete, non-solicitation. You agree not to engage in any act, deed, or thing that could be a willful disclosure of confidential and/or proprietary information or compete with the business of the OurBus. You further agree not to solicit any staff or personnel of OurBus with whom you may interact during the provision of the Services.
14.3 Waiver. A waiver of any breach of these terms is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party.
14.4 No criminal liability. The Services provided by OurBus are limited services and only technically augment and facilitate the transportation services provided by third-party motor carriers through the features provided within the Services. OurBus also does not have control over human and external factors and you fully agree that OurBus is not liable for any act, deed, or thing of any other person, including, but not limited, to bus drivers, other passengers, attendants, or staff. You expressly consent that OurBus, its affiliates, employees, and other stakeholders will not be subject to any liability under this subsection.
These User Terms are subject to the laws of state of New York, and such laws without giving effect to its conflicts of law principles, shall govern all matters related to these User Terms. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") shall, if possible, be settled amicably through negotiation and consultation at the offices of OurBus. If the event the dispute is not resolved after no fewer than thirty days of negotiation in good faith, only then may the Disputes may be litigated, but only in a court located within the city of New York. The parties agree to jurisdiction of the courts located within the city of New York. Any party bringing a legal action or proceeding against any other party arising out of or relating to these User Terms may only bring that action or proceeding in a court located within the city of New York.