PAYMENTS
MOBILITY
GENERAL
Terms of Service
Scope
The following Terms of Service (the “Agreement”) describe the general terms and conditions of user use of Software as a Service (SaaS) platform and Platform as a Service (PaaS) platform along with white label apps to transport operators (“Service”) and any related products and services (collectively “Services”). These Terms of Service are legally binding between user (“User”) and Bussr Technologies and its affiliated companies (“Bussr”, “we”, “us” or “our”). By accessing and using the Services, User acknowledge that User have read, understood, and agree to be legally bound by the terms of this Agreement. If User do not agree with the terms of this Agreement, User are not permitted to access or use the Services. All text, graphics, design, content, and other works are copyrighted works of Bussr. Bussr acknowledges proprietary rights of third parties displayed on the Services. User acknowledge that this Agreement is a contract between User and Bussr, even though it is electronic and is not physically signed by User and it governs User use of the Services.
This Agreement does not apply to third party operators who provide our Services to User (“Third Party Operators”). Bussr is not and cannot be a party to any transaction between User and the Third Party Operators, or have any control, involvement or influence over the products purchased by User or Services received by User from such Third Party Operators.
For purpose of this Agreement the terms “we”, “us” or “our”, refer to Bussr user interchangeably. When User use the services available on the Services, User consent to our collection, use, and disclosure of information about User as described both in this Agreement and the Privacy Policy displayed on the site.
The information contained on or linked to this website is general information only. Nothing on this website is or purports to be advice. User should not rely on any information on or linked to this website. If User need advice, User should seek personal professional advice based on User own circumstances.
Subject Matter
Bussr Does Not Provide Transportation Services Or Function As A Transportation Carrier, rather, it facilitates Third-Party Operators in providing such services to you. As such we have no responsibility or liability for any transport services secured by User or provided by any licensor or Third-Party Operators.
The provision of transport services to User is at the sole discretion of licensors and Third-Party Operators. Accepting such services from licensors or Third-Party Operators is at User sole discretion.
Use of the Services
Bussr grants User a revocable, non-exclusive, non-transferable, limited license to access, download, install and use the Services for non-commercial purposes, strictly in accordance with this Agreement.
Member Account, Password and Security
By using our Services and by agreeing to this Agreement, User warrant and confirm that User are at least 18 years old (or the age required to use our Services in User applicable jurisdiction). If any of our Services require user to open an account, user must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
User also will choose a password and a user name. User are entirely responsible for maintaining the security of User account and User are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify Bussr immediately of any unauthorized use of user’s account or any other breach of security.
Bussr will not be liable for any loss that user may incur as a result of any actual or data theft, unauthorized use or disclosure of any User account data or information including but not limited to unauthorized access, identity theft, theft of personally identifiable information or confidential in whatever form, either with or without user’s knowledge. However, user could be held liable for losses incurred by the Bussr or another party due to someone else using user’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Billing and Payments
User shall pay all fees or charges to User account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, User purchase constitutes a high-risk transaction, we will require User to provide us any necessary documents. We reserve the right to change product pricing at any time.
Accuracy of information
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Servicess is inaccurate at any time without prior notice (including after User have submitted User order). We undertake no obligation to update, amend or clarify information in the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Servicess has been modified or updated.
Links to other resources
Although the Services may link to other resources (such as websites, mobile applications, etc.), The linked resources are not under the control of Bussr and Bussr is not responsible for the contents of any linked resources or any link contained in a linked resources, or any changes or updates to such resources. Bussr is not responsible for webcasting or any other form of transmission received from any linked resources. Bussr is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bussr of the resources.
In many instances, the content available through the resources represents the opinions and judgments of the respective information provider, not under contract with Bussr. Bussr neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the resources by anyone other than our authorized employee or spokespersons while acting in their official capacities. Under no circumstances will Bussr be liable for any loss or damage, whether financial or otherwise, caused by a user’s reliance on information obtained through the resources. It is the responsibility of user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the resources. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Prohibited uses
In addition to other terms in this Agreement, User are prohibited from using the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international national or local laws regulations, rules or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to display, distribute, duplicate, publish create derivative works from modify, sell resell for commercial purposes; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet; or (l) use the Service to gain competitive intelligence about Bussr or its affiliates; or (m) copying the appearance or functions of the Service or any portion of the Service. We reserve the right to terminate User use of the Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights at law, equity or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to User any intellectual property owned by Bussr or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Bussr. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Bussr, its licensors or Third-Party Operators. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. User use of the Services grants User no right or license to reproduce or otherwise use any of Bussr or licensor’s trademarks.
Disclaimer of warranty
User agree that the Service is provided on an “as is” and “as available” basis and that User use of the Services is solely at User own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet User requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. User understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at User own discretion and risk and that User will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by User from us or through the Service shall create any warranty not expressly made in this Agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Bussr, its affiliates, directors, officers, employees, agents, suppliers licensors or Third-Party Operators shall be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, delict, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
Notice of liability: despite regular controls, Bussr is not liable for the content of external third party Services. The owners of these Services are fully responsible for the content of the linked resources. Please contact us if you notice external pages with illegal or immoral content. The legal information in this Agreement also applies to Bussr’s social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. User specifically acknowledges that Bussr is not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
In no event will user or any person or entity involved in creating the Services be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use Services. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
In addition to the terms set forth above neither, Bussr nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Services, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Force majeure – Bussr will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, Services outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party Services providers (including providers of internet Services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
Indemnification
User agree to indemnify and hold Bussr and its affiliates, directors, officers, employees, agents, suppliers, licensors and Third-Party Operators harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to User Content, User use of the Services or any willful misconduct on User part.
Assignment
User may not assign, resell, sub-license or otherwise transfer or delegate any of User rights or obligations in this Agreement, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Termination
We may, with or without any notice to User suspend or terminate User member account or User use of our Services in the event that User violate the terms of this Agreement or no longer use our Services. We may, at our sole discretion discontinue providing our Services with or without any further notice to you.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Services at any time, effective upon posting of an updated version of this Agreement in the Services. When we do, we will revise the updated date at the bottom of this page. Continued use of the Services after any such changes shall constitute User consent to such changes.
General
This Agreement constitutes the entire agreement between User and Bussr regarding the provision of Services and User use of the Services. User may be subject to additional terms and conditions that will apply when User use third party services or software.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the user and the Bussr concerning your use of the Services. If you have questions regarding the Agreement, please email: legal@bussr.com
This Agreement shall be governed by and construed in accordance with the laws of Republic Indonesia and BANI Arbitration Center under BANI (Badan Arbitrase Nasional Indonesia) Rules having its seat of arbitration in Jakarta, Indonesia only shall have jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such arbitration.
Effective Date: April 1st 2019