Last updated: November 11, 2011
Welcome to www.busbud.com (the "Website'). This Website assists customers in gathering travel information to make bus travel decisions. The terms 'we', 'us', 'our' and 'Busbud' refer to Busbud, Inc., a company incorporated in Canada. The term 'you' refers to the customer visiting the Website.
Be sure to return to this page periodically to review the most current version of the Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. If we modify these Terms, we will update the 'Last Updated' date at the top of these Terms. By continuing to access or use the Website, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please do not use this Website.
THE SOFTWARE, INFORMATION, CONTENT, PRODUCTS, AND SERVICES (THE "SOFTWARE") PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING SCHEDULE, AVAILABILITY AND PRICING ERRORS. THE SOFTWARE IS PROVIDED 'AS IS', WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED IN PARTICULAR BUSBUD DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PRICING, DURATION, SCHEDULE, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. THE BUS COMPANIES PROVIDING TRAVEL SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BUSBUD. IN ADDITION, BUSBUD EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON OUR WEBSITE. INFORMATION DISPLAYED ON THIS WEBSITE IS INTENDED AS ONLY GENERAL GUIDELINES, AND BUSBUD DOES NOT GUARANTEE ITS ACCURACY. BUSBUD MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
BUSBUD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SOFTWARE CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY BUSBUD. BUSBUD DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM BUSBUD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUSBUD HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BUSBUD ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND ITS CONTROL, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SOFTWARE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SOFTWARE. YOU UNDERSTAND THAT BUSBUD IS NOT REQUIRED TO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SOFTWARE. BUSBUD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SOFTWARE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SOFTWARE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SOFTWARE.
IN NO EVENT SHALL BUSBUD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION OR OPINIONS APPEARING ON THE WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BUSBUD AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Busbud has put forth all necessary efforts to ensure that all descriptions contained on the Website are up to date. For several reasons beyond the control of Busbud, modifications can take place which may affect descriptions found on the Website. Busbud will not be held liable for any of these modifications. Fares listed are subject to change at any time and Busbud reserves the right to correct any error regarding a listed price without any further notice.
LINKS TO THIRD-PARTY SITES
The Website contain links to other websites operated by parties other than Busbud. Such hyperlinks are provided for your reference and convenience only. You acknowledge and agree that Busbud is not responsible or liable for the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources.
We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third party who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Busbud with respect to such actions or omissions.
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any information related to a bus company name, schedule, price or duration for bus travel on a route, reviews, questions, comments, suggestions, feedback, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Busbud a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, with or without the name you used to make such Submission. You also hereby waive all moral rights you may have in the Submissions.
You acknowledge and agree that your Submissions are not your confidential or proprietary information. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to remove or alter any Submission. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Busbud may exercise its rights (e.g. use, publish, delete) to your Submissions without notice to you.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website ('Feedback'). You may submit Feedback by emailing us at firstname.lastname@example.org, through the "Contact" (http://origin.busbud.com/en/about/contact) section of the Website or by using the Feedback widget at the bottom of the site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Busbud and you hereby irrevocably assign to Busbud and agree to irrevocably assign to Busbud all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trade-marks and other proprietary or intellectual property rights therein. You also hereby waive all moral rights you may have in the Feedback. At Busbud’s request and expense, you will execute documents and take such further acts as Busbud may reasonably request to assist Busbud to acquire, perfect, maintain and defend its intellectual property rights and other legal protections regarding the Feedback.
You agree that no joint venture, partnership, or employment relationship exists between you and Busbud as a result of these Terms or use of the Website.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Busbud urges passengers to review travel prohibitions, warnings, announcements and advisories issued by your government prior to booking travel to international destinations.
BY ACCEPTING ONLINE RESERVATIONS FOR TRAVEL OFFERED BY THIRD-PARTY SUPPLIERS TO PARTICULAR INTERNATIONAL DESTINATIONS, BUSBUD DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any Software that is made available to download from the Website is the copyrighted work of Busbud. Your use of such Software is governed by these Terms and the terms of the end user license agreement ('License Agreement'), if any, which accompanies, or is included with, the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, non-exclusive, personal, nontransferable license to use the Software for viewing and otherwise using this Website for your own personal non-commercial use in accordance with these Terms and for no other purpose.
Please note that all Software, including, without limitation, all HTML code contained on this Website, is owned by Busbud, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
The content, information and Software on the Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, you agree not to: (i) use the Website, the Software or its contents for any commercial purpose; (ii) access, monitor or copy any Software, content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website, (iv) 'frame', 'mirror' or otherwise incorporate any part of the Website into any other website without our prior written authorization.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account information, including your password, in respect of any account on the Website. You are responsible for all uses of your registered account(s), whether or not actually or expressly authorized by you. You are responsible for verifying and maintaining the protection, security, and distribution of your account information, including account numbers, user names, and passwords. All liability relating to password management resides with you and under no circumstances, including negligence or misconduct, shall Busbud be liable for any damages that result from the use of your account.
COPYRIGHT, NOTICE AND LIMITED LICENCE
All contents of this Website are: © 2011 Busbud, Inc. All rights reserved. Busbud is a trademark in Canada and/or other countries. The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos ('Materials') contained in this website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. Busbud or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from this website.
Other than expressly provided herein, nothing in these Terms shall be construed as inferring by implication or otherwise any licence or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Busbud, its licensors or any third party. Any persons breaching any of these Terms may be prosecuted. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com.
CONTROLLING LAW AND JURISDICTION
These Terms will be interpreted in accordance with the laws applicable in the province of Quebec (Canada), without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation with these Terms, the Software or the Website, to attorn to the judicial district of Montreal, province of Quebec, Canada, as the appropriate location for the hearing of said claim or lawsuit and excluding any other judicial district of Quebec or elsewhere which might have jurisdiction with respect to any such matter.
You agree to indemnify and hold Busbud, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or the Software.
Busbud or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Website; (ii) suspend, terminate, remove or permanently delete and destroy, as applicable, your registered account with Busbud or any material that you or others may have posted or submitted to the Website; (iii) restrict access to the materials posted or submitted to the Website; and (iv) bar you from any future use of the Websites; all without any prior notice or any liability to you or any other person, and you agree to comply with all such measures.
Busbud's failure to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the rights attaching to any of them.
The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.