9139249 CANADA INC. CURRENTLY OPERATING AS BUS.COM AND FORMERLY OPERATING AS SHARETHEBUS (“BUS.COM”/“WE”/“US”/“OUR”) OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://WWW.BUS.COM/ (“WEBSITE”) AND THE BUS.COM MOBILE APPLICATION (“APP”) AND “SERVICE” AS DEFINED BELOW. THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE AND APP, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE OR APP, USERS WHO USE THE SERVICES, AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE OR APP (“YOU” / ”USERS”).
BY USING THIS WEBSITE AND/OR APP AND SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AND OUR PRIVACY POLICY.. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY BUS.COM FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.
IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF USE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF USE.
IN ORDER TO USE THE SERVICES YOU MAY BE REQUIRED TO REGISTER FOR AN ACCOUNT AND PROVIDE CERTAIN INFORMATION, INCLUDING PERSONAL INFORMATION. ALL PERSONAL INFORMATION THAT YOU PROVIDE WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THE TERMS OF THIS AGREEMENT.
The Service. The service has two key elements. Firstly, the “Booking a Ticket” service allows users to book bus tickets for organized events such as music festivals, sports games, concerts, conferences, and other similar events (“Events”).
We work with event organizers to arrange shared transportation to and from such Events. Users can log in to the Website select their Event, and their pickup and drop off location, and purchase a ticket for bus transportation to the Event. We also provide a mobile application which will store the tickets you have purchased Secondly, “Rent a Bus” service allows users to book one or more private bus trips by using the “Rent a Bus” service set out below. Together, these services are the “Service”.
Registering for an Account. In order to use the Services you must have an account (which you can create in advance or while making a booking). . When your register for an account, you must provide your name, email address, phone number and billing address. All personal information you provide to us will be treated in accordance with the terms of our privacy policy, which you should read carefully. You will also be required to select a password. If you use the Book a Ticket Service, you must enter details for a valid credit card that you are authorized to use. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other person. We are not responsible for any loss or injury you may incur as a result of activities on your account, including unauthorized activities. Please notify us immediately if you learn or suspect that your account has been compromised.
Booking a Ticket. Subject to your registering for an account either before or during the booking process, you may book tickets for trips posted on our Website. If you would like to book a trip on our Website, you may do so by selecting the applicable trip and providing us with your name, email address, phone number and payment information. Trips under the Booking a Ticket service are not guaranteed unless the minimum threshold number of ticket sales indicated is achieved no less than 7 days prior to the date of the relevant Event.
Requesting a Trip. From time to time we offer a feature of the service that permits you to request a trip not yet posted on the Website. If you would like to book a trip that is not posted on the Website, you can place a request with us to post the trip on our Website using the “Request a trip” feature and providing us with the information requested pertaining to such trip. We have the sole discretion to determine which trips we post on our Website, and we make no guarantee that we will post the trip you request on our Website. If we choose to post the trip you request on our Website, we will notify you by email and you can proceed to booking the trip (see further, ‘Booking a Ticket’).
Rent a Bus. We also offer you a service to book one or more private buses (“Rent a Bus”) that are only made available to you and the people you invite to join you (“guests”). The following provisions apply to the Rent a Bus service:
Requesting a Quote to Rent a Bus: Subject to your registering for an account either before or during the booking process, you may arrange to Rent a Bus directly through the Website or through speaking with one of our Customer Representatives using the contact details on the Website. You will be asked to provide us with the relevant information pertaining to each such trip. We will then try provide you with a quote for the Private Bus Trip, or if more than one, each Private Bus Trip, together with associated details (“Rent a Bus Quote”). If we cannot meet your requirements for that trip then will try to let you know in good time. We make no guarantee that we will be able to provide a quote for all trips.
Accepting a quote for Renting a Bus. If you choose to accept a quote to Rent a Bus, you must confirm the Rent a Bus Quote within the time frame and manner set out in the Rent a Bus Quote. If you do not accept a Rent a Bus Quote within such time frame and in such manner then the quote will lapse.
Payment required. Where you have accepted a Rent a Bus Quote, we will send you an invoice in accordance with the terms set out in that quote. You must make payment of that invoice in accordance with the payment terms set out below. If you fail to do so then that Rent a Bus trip may be cancelled without any further liability to you. Notwithstanding such cancellation, you may still be required to pay any non-refundable fee as set out below.
Accuracy of information. You must ensure that the information that you provide when using the Rent a Bus service is true, complete and accurate. If any such information is not true complete and accurate then we reserve the right to cancel the Rent a Bus booking at our discretion or that of the bus operator and retain any payment made by you in full. Non-exhaustive examples for such cancellation include without limitation, where the number of guests exceeds the number set out at the time of booking or if the destination or itinerary materially differs to that set out at the time of booking.
Cancellation by us. While we use all reasonable efforts to ensure that we deliver on each and every Rent a Bus booking, occasionally events beyond our control will mean that we must cancel a Rent a Bus booking. Accordingly, we reserve the right to cancel a Rent a Bus booking at any time. In the event that we cancel any Rent a Bus booking, our sole liability to you shall be a refund in full of any amount paid by you in respect of such Rent a Bus booking. We shall have no further liability to you, whether in respect of any cost of alternative arrangements, missed events or otherwise.
Price Guarantee. Bus.com is so confident in our offering, that we will match or beat any price for an identical or near-identical service. In order to take advantage of this offer: please speak to your Bus.com partnership representative. Please note, you will be expected to provide the original quote with all relevant information before confirming your Booking, including:
Bus type;
Amenities (outlets, Wifi, etc.);
Driver’s hotel and gratuity plan (included or excluded, if applicable);
Departure dates and times and return dates and times;
Number (and type) of stops;
Conditional clauses (cancellation policy, etc.);
Availability of quoted offer; and
Any other terms that are specific to that quote.
Quotes will be compared using the above criteria. Price guarantee only available customers who are comparing to a valid (non-expired) Bus.com proposal. Once you have accepted a Bus.com Quote there will be no reduction in the fees charged by Bus.com unless otherwise expressly agreed by Bus.com.
User Conduct Terms and Guidelines. In using the Services you agree that you and each of you guests will:
provide accurate information when registering and keep such information up to date;
Treat the bus driver, the event staff, other passengers, and any other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, violent, discriminatory, hateful, disruptive, offensive, obscene, harassing or otherwise harmful to other users, third parties or the public. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions set out below;
act honestly and in good faith and in a manner that will not harm the goodwill or reputation of BUS.COM; and
comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with BUS.COM.
Service Refusal; Removal from Bus. By purchasing a ticket you hereby covenant on your behalf and, where applicable, on behalf of each of your guests to treat the bus driver and any other passengers on the bus with courtesy and respect. We reserve the right, in our sole discretion, and reserve the right for any drivers, in their sole discretion, to refuse to allow you or any of your guests on the bus or to remove you or any of your guests from the bus if you or they: (i) engage in harassing, discriminatory, violent, hateful, offensive, obscene or otherwise harmful behavior, including without limitation, any physical acts of violence and/or verbal threats; (ii) smoking, drinking or taking drugs on the bus; (iii) don’t have a valid ticket; or (iv) are intoxicated or otherwise under the influence of drugs or alcohol; (v) for any other reason that the driver or the BUS.COM personnel or representatives deem to be reasonably necessary to protect the safety of the other passengers, the driver, the event staff personnel, and any other third party; or (vi) carrying/possession illegal, restricted, or harmful substances or goods, including without limitation, narcotics, firearms and other weapon
Bus Captains From time to time BUS.COM may choose to appoint one or more of the passengers on a bus trip as “Bus Captains”. Passengers may be invited to be Bus Captains and will be required to complete a review process determined by BUS.COM before being chosen to act as a Bus Captain. BUS.COM reserves the right to choose (or not choose) Bus Captains in its discretion. If you apply for and accept the role of Bus Captain on any bus trip, you are deemed to agree to the following additional terms of service which are not otherwise applicable:
Basic roles and responsibilities: All Bus Captains will be responsible for:
No Payment. The role of Bus Captain is an unpaid role and you will receive no cash remuneration of any kind for fulfilling the duties described herein. BUS.COM shall not be responsible for and shall not reimburse you for any usage of your phone or other electronic device, including voice or data charges incurred. If a Bus Captain fulfills the duties described herein to the satisfaction of BUS.COM, his or her ticket for that specific one way bus trip will be complementary and BUS.COM will refund the cost of the ticket following the trip.
Relationship. No relationship of principal to agent, master to servant, employer to employee or franchisor to franchisee is established between BUS.COM and any Bus Captain. The Bus Captain role is purely voluntary and does not make you a representative of BUS.COM. You will have no authority to and will not exercise or purport to exercise or hold yourself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of BUS.COM.
Termination. BUS.COM reserves the right to terminate your role as Bus Captain at any time immediately on notice to you. You shall not be entitled to any compensation or remuneration in connection with such termination.
Payments and Fees for Booking a Ticket or for a Rent a Bus booking. When you register for the Services you may be required to provide your credit card information to our merchant account payment gateway provided and hosted by Stripe. We do not collect or store payment information, and your payment and other information submitted to Stripe will be treated in accordance with the terms of the Stripe Terms of Use and Privacy Policy. Your card is charged when you purchase the tickets. The prices of tickets listed on the Website are exclusive of taxes, and you are solely responsible for paying all applicable local, provincial, state, federal and other sales tax, value-added tax and any other applicable tax, duties, levies and other similar charges applicable to the tickets. Our payment processor may also charge a service fee for processing the payment, and you will be responsible for paying any such service fee.
Payment for Rent a Bus bookings.
Date of payment.
When you Rent a Bus, you will be required to pay for your Rent a Bus charter 21 Days in advance of the trip running. Unless otherwise expressly stated in your invoice, you will be required to pay 100% of the total fee for that trip no later than 21 days before the date of the trip. Where the invoice is issued within 21 days of the date of the trip then the entire invoice must be paid in full on issuance of that invoice.
Credit card payments. Credit card payments must be received and processed no later than 21 days before the start date of the trip. Where a trip is booked within 21 days of the date of the trip then the entire invoice must be paid in full on issuance of the invoice. If payment is not received and processed in full by the due date, BUS.COM reserves the right to cancel the trip. (Credit card refunds may take between 3 and 5 business days to be processed by your credit card processor and displayed on your account.)
Wire payments. Wire payments must be received and processed no later than 21 days before the start date of the trip. If no payment is received the client will be informed that if the balance is not paid within 2 days by wire or credit card, BUS.COM reserves the right to cancel the trip.
Checks. Checks must be received no later than 21 days in advance of the start date of the trip. If no payment is received the client will be informed that if the balance is not paid within 2 days by check or credit card, BUS.COM reserves the right to cancel the trip. Checks returned from a bank (whether due to insufficient funds, stop payment, or otherwise) will result in a $30 administrative fee.
Interest on Late Payments Without limiting it’s right to cancel any Rent a Bus booking in the event of non-payment, Bus.com may at its discretion temporarily waive its right to such cancellation and impose the provisions of this Section. If not paid in full on the invoice due date, and if Bus.com waives their right to cancel the Rent a Bus booking, 10% interest will be applied to the remaining amount owed. Every two weeks, 10% interest compounding will be added to this amount until payment in full is received. Late payments must be made by credit card or wire transfer. Bus.com retains the right to cancel any Rent the Bus booking that is not paid in full on the due date notwithstanding the provisions of this Section.
Cancellations and Refunds under the Booking a Ticket Service. BUS.COM offers the following refund policy for tickets:
100% money back up to 14 days before the day of the trip
50% money back if you request a refund between 13-3 days before the trip
No refunds for requests made two days or less before the start of a trip.
Service fees charged by our payment processor may not be refundable in any circumstances.
Special cancellation and refund policies may apply for your tickets. Please refer to your ticket.
Cancellations and Refunds under the Renting a Bus Service. BUS.COM offers the following refund policy for Rent a Bus bookings:
Coach bus/ Mini coach / Mini bus:
School bus:
100% money back on cancellations made 3 days or more before the trip.
50% money back on cancellations made between 2 days and 24 hours before the trip.
No refunds will be issued on service fees or cancellations made 23 hours or less before the start of trip.
*Special cancellation and refund policies may apply for your reservation and for 2 and more buses. Please refer to your invoice for any special policies related to your booking
Exchanges. Ticket Exchanges are only available on a case-by-case basis, and are subject to availability. If there is no available seat on the trip that you wish to exchange your ticket for, we will not be able to process an exchange. If there is any price increase then you will need to pay the difference in price.
Changes to Rent a Bus bookings. You may submit requests to change any Rent a Bus booking that you have requested. BUS.COM may accept or reject any such request at its discretion, and any acceptance shall be subject to payment of any additional fees. Any such change may result in an increase in the Rent a Bus fee plus a standard $25 administration fee, which shall be invoiced to you and must be paid in accordance with the Rent a Bus payment terms set out above. Any changes made within 72 hours before the start of the trip will be subject to a late charge fee of $50 per change in addition to any increase in cost.
Itinerary. Rent a Bus bookings are quoted on the basis of time or mileage. Hourly cost is calculated from the requested departure time to the last drop off time. The quoted price is based on the information or itinerary we receive from you if you use this service. You must send us an accurate & detailed itinerary for your trip not less than two weeks prior your departure date to the email address set out in the Quote or order confirmation, or as otherwise communicated to you from time to time.
Additional charges for Rent a Bus bookings. Prices do not include parking fees, tolls or additional charges for changes in the scope of Services that result in additional mileage or driver hours. Additional charges will be charged to the client. CUSTOMER AUTHORIZES BUS.COM TO BILL ANY OF THESE ABOVE REFERENCED ADDITIONAL CHARGES TO THE CREDIT CARD ON FILE AND CUSTOMER AGREES TO PAY ALL SUCH CHARGES. We will notify you in writing of any such additional charges as soon as practicable.
US D.O.T. COMPLIANCE/ COMPLIANCE WITH THE FEDERAL GOVERNMENT OF CANADA This section applies only to the Rent a Bus service.
Regulatory requirements within the USA: The chartering party should be familiar with United States Department of Transport (“DOT”) required driving hours and should not ask the operator to violate the federal law.
Driver Hours of Service: The USDOT limits the amount of time a driver can be on-duty (after which he must have eight consecutive hours off-duty). This contract contemplates that every driver who provides service will be in compliance with USDOT regulations. On trips where this safety law may be applicable, you must inform yourself of the law, and any limits it could place on your trip. In such instances, you understand that if the trip takes longer than scheduled, it may be illegal for the driver to continue, in which case, any costs associated with an unscheduled stop shall be borne by you.
Hours of service: Bus drivers can drive up to ten (10) hours and be “On Duty” up to fifteen (15) hours at a time. At that point, the driver must be given a minimum of nine (9) consecutive hours “Off Duty” before returning to an “On Duty” status. “Off Duty” driver status applies once the motor coach is parked and secured at its overnight or layover location and the driver has completed all necessary paperwork. Once those nine (9) hours have been completed he/she is then legal to start another fifteen (15) hour period. He/she will require a minimum of thirty minutes to start new paperwork and inspect the motorcoach before they can pick up the group and start the new day. These rules are strictly enforced. No group will be allowed to put a driver out of his/her legal hours of service. Passengers are to remain seated while the vehicle is in motion.
Regulatory requirements within Canada The limit on on-duty time per driver shall be 14 hours in a 24-hour day. On-duty time means the time devoted to: preparing the vehicle prior to departure, driving the motorcoach, waiting for travellers while they are engaged in the activities included in the tour program, etc.
Of these 14 on-duty hours, the maximum driving time is 13 hours . A driver must complete his/her workday no later than 16 hours after beginning it. During a 24 hours period, he/she must take a 10 hours rest break. The workday must include two hours of rest, with each rest period to last a minimum of 30 minutes. An 8 hours period of rest is mandatory before starting a new shift.
Force Majeure: BUS.COM shall not be liable to Customer for any delays or non-performance to the extent due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of the bus operator, driver illness, USDOT or other regulatory compliance, acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accident, mechanical failure, road, traffic or weather conditions, labor difficulties, civil disturbance, strikes or any other causes or circumstances beyond BUS.COM’s control. All arrival and departure times are approximate and cannot be guaranteed. WE are not responsible for subsequent connections on your trip. The Company reserves the right to substitute equipment of equivalent seating capacity to qualified vendors in order to fulfill the charter confirmation. Agreement.
Lost Items: BUS.COM accepts no responsibility for any items left on the vehicles whether attended or unattended.
Damages on the bus: You are liable for all damage to the vehicle interior and exterior caused by you or any your guests or (where you Rent a Bus) incurred during the trip, unless the result of driver’s negligence. If proof of damage or cleaning is provided by bus suppliers, you will be responsible for 100% of the amount due. An additional fee will also be charged for any cleaning services beyond what is usual and customary. You shall be responsible for replacement costs of any items that cannot be satisfactorily cleaned or repaired.
Prohibited Items: The following items and activities are prohibited at all times on BUS.COM’s bus partner’s vehicles unless you have received prior written permission from us: (a) smoking; (b) decorations; (c) glass containers or kegs; (d) alcohol, drugs or other intoxicating substances; (e) flammable materials; butane operated grills or other combustibles; (f) guns, knives or any other weapons; and (g) animals.
Open Alcohol Containers: BUS.COM’S bus partner will operate all trips in accordance with and limited by all governing provincial and state laws and regulations pertaining to open alcohol containers in vehicles. No minors will be permitted on a bus or in any other vehicle where open container alcohol is present, unless accompanied by parent or legal guardian, and consumption of alcohol by a minor is specifically prohibited. Open container alcohol will not be permitted on any charter trip sponsored by a student organization, including but not limited to fraternities, sororities, sports clubs, dormitory organizations, etc. If governing state law permits open alcohol containers on buses or in any other vehicles and you request to rent a bus with open alcohol containers and bus supplier grants permission for open alcohol containers on its buses or other vehicles in accordance with, then all of the following shall apply: Only adults of legal drinking age may consume alcohol on the bus; Customer will be charged a refundable damage deposit. The damage deposit refund amount will be determined by the condition of the vehicle upon return. Dollar amount and details of the refundable damage deposit may vary by location; and will be communicated upon acceptance of agreement. No kegs or glass containers are permitted under any circumstances.
BUS.COM and its bus operators reserve the right to refuse to permit open container alcohol on any bus or in any other vehicle at any time if there is any doubt as to whether a group or individual of drinking age or if the group or any of its members violate any of the provisions of this Contract.
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or users whether in forums or otherwise (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not BUS.COM, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. BUS.COM does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will BUS.COM be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service. BUS.COM reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website and/or Service You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. BUS.COM will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, this Website, and the information and materials that it contains, are the property of BUS.COM and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, BUS.COM grants you a non-transferable, non-exclusive, license to use the Website for your use (the “License”). Nothing in the Terms gives you a right to use the BUS.COM names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
Feedback. If You provide BUS.COM with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), BUS.COM may use such Feedback in the Website or in any other BUS.COM products or services (collectively, “BUS.COM Offerings”). Accordingly, You agree that: (a) BUS.COM is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to BUS.COM, (c) BUS.COM (including all of its successors and assigns and any successors and assigns of any of the BUS.COM Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any BUS.COM Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from BUS.COM or any of the other users of the Website in respect of the Feedback.
Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that BUS.COM shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by BUS.COM, including websites connected to events for which we provide transportation services. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service. BUS.COM is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that BUS.COM endorses or accepts any responsibility for the content or use of such websites, and You hereby release BUS.COM from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
While BUS.COM does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. BUS.COM reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
DISCLAIMER OF RESPONSIBILITY. BUS.COM is not a bus operator nor is it an Event organizer. BUS.COM subcontracts bus transportation offered through the Services to independent bus operators. BUS.COM makes reasonable commercial efforts to ensure that the bus operator provides the bus transportation in accordance with the Services and in a professional and timely manner. However, BUS.COM does not have any direct control over the acts or omissions of the bus operators. BUS.COM also does not have any control over any Event. ACCORDINGLY, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE AND ACKNOWLEDGE THAT BUS.COM EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY ACTS OR OMISSIONS BY ANY BUS OPERATOR OR BY ANY EVENT ORGANIZER OR OTHERWISE IN RESPECT OF ANY EVENT WHICH MAY GIVE RISE TO A CLAIM BY YOU, WHETHER FOR PERSONAL INJURY, LOSS, DAMAGES OR OTHERWISE AND WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND THAT YOU SHALL HOLD BUS.COM HARMLESS IN RESPECT OF ANY SUCH CLAIM.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” BUS.COM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. BUS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND BUS.COM SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. BUS.COM WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE OR FOR ANY INTERACTIONS OR TRANSACTIONS BETWEEN USERS.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL BUS.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE; (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (VI) YOUR INTERACTIONS WITH OTHER PASSENGERS OR THE DRIVER (VII) ANY LOSS THAT YOU EXPERIENCE OR COSTS OR EXPENSES THAT YOU INCUR, AS A RESULT OF BEING REFUSED BUS SERVICE OR BEING REMOVED FROM A BUS; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF BUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUS.COM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SERVICES PROVIDED IN RELATION THERETO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID BUS.COM IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD BUS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH: (I) ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE; (II) ANY INTERACTIONS OR TRANSACTIONS BETWEEN YOU AND ANY OTHER USER; AND/OR (III)ANY VIOLATION BY YOU OF THESE TERMS OF USE, THE RIGHTS OF ANY THIRD-PARTY OR ANY APPLICABLE LAW OR REGULATION.
Release. Because BUS.COM does not supervise or control interactions between Users, and because BUS.COM does not screen or monitor the events, or trips,, and because BUS.COM cannot guarantee the true identity, age, or nationality of Users, and because BUS.COM has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website and/or App, You agree that You bear all risk and you agree to release BUS.COM (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website and App, Your third party transactions and in connection with BUS.COM resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver
Termination. BUS.COM may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with BUS.COM (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to BUS.COM), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by BUS.COM in its sole discretion and that BUS.COM shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by BUS.COM shall be in addition to any and all other rights and remedies that BUS.COM may have.
Availability & Updates. BUS.COM may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. BUS.COM may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally unsecure and BUS.COM cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. BUS.COM will not be liable for any loss or damage arising from your failure to comply with these requirements.
Change of Name. We changed our operating name from Sharethebus to Bus.com in March 2017. We are still the same company, and any and all agreements between you and bus.com remain in place, whether we used the name Sharethebus or Bus.com.
General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by BUS.COM. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of BUS.COM to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by BUS.COM must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without BUS.COM’s prior written consent. We may assign these Terms of Use without restriction. These Terms of Use are governed by the laws of the Province of Quebec without regard to its choice of laws provisions. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Quebec.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website or Service, please contact us at: [email protected]
Effective Date: July 16th, 2018