Terms of use

TumenyBusBus’s website, TumenyBusbus.com, and its proprietary software platform (collectively, the “Website”) is an online bus ticketing service. These Terms of Use (“Terms”) describe the terms and conditions for using the Website and form a legally binding contract between users of the Website and TumenyBusBus’s operator, Vanimi Zambia Limited (“TumenyBus”, “we” or “us”).

We do not operate any bus lines of our own, and these Terms do not apply to the practices of any bus lines or other third party services TumenyBus has a relationship with or to other companies or individuals that we do not own, employ or control.

In addition to these Terms, we have adopted the TumenyBus Privacy Policy [LINK] (“Privacy Policy”). Please read our Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

TumenyBus may modify the Terms from time to time and each modification will be effective when it is posted on the Website. We will notify you of substantive modifications to these Terms either by email or the first time you access the Website following any such modification, and you agree to be bound to any changes to the Terms through your continued use of the Website.

Guidelines and Permitted Use of the Service

The services provided through the Website include:
- Issuing a valid ticket for its network of bus lines/transportation operators/event organizers (“operators”).
- Providing refund and support in the event of cancellation as per TumenyBus’s cancellation policy
- Our services do not include, and as a result we cannot be for, the following:
  - The operator's vehicle/event not departing / reaching on time.
  - The bus operator's employees being rude.
  - The operator's seats etc. not being up to the customer's expectation.
  - The operator cancelling the trip, changing the type of vehicle or changing the seat.
  - The baggage of the customer getting lost / stolen /damaged.
- Passengers are requested to arrive at the boarding point 30 minutes prior to bus departure. If not, the ticket is deemed cancelled.
- Passengers may be required to bring a paper copy of the ticket at boarding or they may not be allowed to board the vehicle or attend the event. Without a printed copy, customers taking only a digital copy of the e-tickets will be at their own risk of not being being able to travel/attend the event.
- The operator reserves the right to cancel/delay trips/events, change vehicles/venue and change seats due to unavoidable reasons.
- Luggage policy is as per operator’s policies. The operator or TumenyBus does not bear any consequences for the passenger carrying illegal goods.

Payments and Refunds

All payments made against the ticket purchases on the Website by you shall be compulsorily in Zambia Kwacha (ZMW) acceptable in the Republic of Zambia. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other BOZ approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by TumenyBus is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, TumenyBus is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

You acknowledge and agree that we act as the bus line or operator payment agent for the limited purpose of accepting payments from you on behalf of the bus line or operator. Upon your payment of amounts to us, which are due to the bus line or operator, your payment obligation to the bus line or operator for such amounts is completed, and we are responsible for remitting such amounts, to the bus line or operator. You shall not, under any circumstances whatsoever, make any payment directly to the bus line or operator for tickets or bookings made using the Website.

You agree to pay us for the total amount for the order placed by you on the Website. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular bus line or operator. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Website, in accordance with these Terms, using of the methods described immediately above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Website. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Website services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Cancellations requested prior to forty-eight (48) hours of the scheduled departure may be eligible for a partial refund on a case by case basis by contacting us at tumenybus@gmail.com. We cannot process refunds for cancellations made within forty-eighth ours of a departure. Refunds for trips cancelled due to an issue with the bus line or operator shall be processed in accordance with the bus line or operator’s discretion. Unfortunately we cannot refund service fees charged in connection with a ticket purchase.

Communication Policy

You are responsible for ensuring that any personal information you provide is accurate and up to date. We may require creation of a username and password to create an account, if applicable. You should notify TumenyBus immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You are solely responsible for all damages or claims that may arise from any access to or use of the Website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

All rights, title and interest in and to the Website and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with us and our licensors and vendors.

By accepting these Terms the customer accepts that TumenyBus.com may send alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’’ mode then the customer may not get / get after delay any alerts sent during such period.
TumenyBus will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from TumenyBus as an alert on the mobile phone number provided during the course of ticket booking and TumenyBus shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold TumenyBus liable for non-availability of the service in any manner whatsoever, whether due to lack of cell coverage, wireless connectivity or otherwise.
The customer acknowledges that the SMS service provided by TumenyBus is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, TumenyBus shall be immediately informed about the same by the customer and TumenyBus will make best possible efforts to rectify the error as early as possible. The customer shall not hold TumenyBus liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. TumenyBus shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
The customer agrees to indemnify and hold harmless TumenyBus and the SMS/email service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which TumenyBus and the SMS/email service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number/address or providing a number/address that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the reservation number, travel itinerary information, booking confirmation, modification to a ticket, cancellation of ticket, change in bus schedule, delay, and/or rescheduling from Shohoz.com and/or the SMS/email service provider.
By accepting the terms and conditions the customer acknowledges and agrees that TumenyBus may call the mobile phone number/or email provided by the customer while registering for the service or to any such number/address replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their travel, the bus facilities and/or services of the bus operator.

In addition, you agree that you will not use or attempt to use this Website for any purpose other than for the purposes described herein; you may not (and may not allow any third party to) use or attempt to use this Website or upload, download, post, submit or otherwise distribute or facilitate distribution of content on or through the Website for any purpose:

that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contract,
that is any way unlawful or prohibited, or that is harmful, threatening, abusive, harassing, deceptive, fraudulent, offensive, obscene, profane, or otherwise destructive to anyone or their privacy or property,
that suggests an express or implied affiliation with TumenyBus (without the express written permission of TumenyBus) or that impersonates any person or entity including an employee or representative of TumenyBus,
that impairs or limits our ability to operate this Website or any other person’s ability to access and use this Website.

TumenyBus reserves the right at all times and for any reason or for no reason at all, in its sole discretion and without notice to you, to deny your access to and use of this Website.

Intellectual Property Rights

We or our licensors own and retain all proprietary rights in the Website. You may not (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive source code or underlying ideas or algorithms of any part of the Website, or modify, translate or otherwise create derivative works of any part of the Website. Any modification of content, or any portion thereof, or use of the content for any other purpose constitutes an infringement of trademark or other proprietary rights of TumenyBus or third parties, and any unauthorized use terminates the permission to use the Website granted by TumenyBus.

All content and software included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TumenyBus or its content/software suppliers and protected by Zambian and international laws.

Miscellaneous

Linking to other Third Party Websites

For your convenience, the Website may provide the opportunity to include third party plug-ins and other integrated third party services, or links to other products or services offered on other websites or applications. Unless expressly stated otherwise, TumenyBus does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content or materials available at or through any websites, applications or plug-ins to which the Website may provide a link. By using the Website you acknowledge and agree that TumenyBus will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content or materials.

Indemnification

You agree to indemnify and hold TumenyBus, its parent, subsidiaries, affiliates, directors, officers, agents, and other partners and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your account, use of the Website, or violation of the Terms. This defense and indemnification obligation will survive these Terms and your use of the Website.

Disclaimer & Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, TUMENYBUS MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. TUMENYBUS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AS TO THE CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, DESIGN, OPERATION OR FITNESS FOR A PARTICULAR PURPOSE OF THE DELIVERABLES.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TUMENYBUS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

TumenyBus may terminate or suspend your access to all or part of the Wesite, for any reason, including without limitation your breach of these Terms. In the event these Terms are terminated, the restrictions regarding content appearing on the Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination.

Jurisdiction & Severability

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of Zambia. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Lusaka, Zambia.

These Terms are not assignable, transferable, or sublicensable by you except with TumenyBus’s prior written consent. TumenyBus may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

If any provision of these Terms is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and TumenyBus concerning your use of the Website.

How To Contact Us

Should you have any questions or complaints regarding violations of these Terms, please contact us at tumenybus@gmail.com.

Last Updated: October 30, 2020