Tours

User Agreement (“Agreement”)

1. This agreement is for monthly membership to the Busbargain.com will commence on the Effective Date stipulated on your account. This Agreement is between Busbargain.com herein referred to as the Managed Service Provider and the End User. By way of signature hereunder, the End User agrees to all of the terms and conditions stated in this Agreement.

2. The Membership Period is owned by the Managed Service Provider and/or its suppliers and/or licensors and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE MEMBERSHIP IS LICENSED, NOT SOLD. The Membership is licensed to the End User on a monthly basis. 3. The following terms and conditions apply exclusively to the Membership:

3.1. Definitions: “Agreement” means this agreement read together with the Managed Service Provider Use Rights. “Authorized Use” means the specified Licensed Level at which End User is authorized to execute or run the Trail Period as stipulated herein. "Confidential Information" means, with respect to the Managed Service Provider, all information that the Managed Service Provider protects against unrestricted disclosure to others, including but not limited to the Managed Service Provider Materials, including without limitation the following information regarding the Membership: computer software (object and source codes), programming techniques and programming concepts, methods of processing, system designs embodied in the Membership; (ii) benchmark results, manuals, program listings, data structures, flow charts, logic diagrams, functional specifications, file formats; and (iii) discoveries, inventions, concepts, designs, flow charts, documentation, product specifications, application program interface specifications, surveys, addresses, techniques and processes relating to the Membership. "Documentation" means the Managed Service Provider's documentation that is delivered or made available to the End User within the Membership under this Agreement. “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired. “Managed Service Provider” shall have the meaning given herein. “Managed Service Provider Materials” means any software, code, programs, tools, systems, data or other materials made available by the Managed Service Provider to the End User in the course of the performance under this Agreement including, but not limited to, the Membership and Documentation, as well as any information, materials or feedback provided by the End User to the Managed Service Provider relating to the Membership and Documentation. “Managed Service Provider Use Rights” means the use rights that are defined in the Managed Service Agreement for the Software on our online terms and conditions page.

3.2. License:

3.2.1. The Membership provided to the End User under this Agreement is subject to the End User’s compliance with all the terms and conditions of this Agreement and the corresponding Managed Service Agreement for the Membership found on our online terms and conditions page. The Managed Service Provider grants to the End User a limited, non-exclusive, non-transferable subscription-based license to use the Membership and the Managed Service Provider Materials solely as provided by the Managed Service Provider for the purpose of internal trial and evaluation of the Membership for the Membership Period.

3.2.2. The Managed Service Provider shall install or assist the End User to install and set up the Membership on hardware that is owned or controlled and in any event operated by the End User via a private network or the internet (the “Hardware”). The End User shall be entitled to access and use the Membership using License Keys provided by the Managed Service Provider. The Membership will remain on the Hardware for the Membership Period.

3.2.3. The End User shall indemnify, defend and hold harmless the Managed Service Provider and its licensors and suppliers for any claim arising from the End User’s use of the Membership: (i) in breach of this Agreement; or (ii) in breach or infringement of third party rights.

3.2.4. THE END USER’S RIGHT TO USE THE MEMBERSHIP AND THE EFFECTIVE DATE FOR THIS AGREEMENT SHALL BE EFFECTIVE FROM THE DATE END USER CHECKS THE BOX LABELED "I AGREE TO USER AGREEMENT". NOTICE OF EXPIRATION WILL NOT ACTIVELY BE GIVEN.

3.2.5. If the End User desires to use the Membership after the Membership Period, it will need to acquire a validly licensed copy of the productive use version of the Membership, to which a charge will apply.

3.2.6. The Membership is licensed solely for Standalone Use. “Standalone Use” means the Membership may not be used to access, directly or indirectly, in any manner whatsoever, any other software and/or third-party software licensed from the Managed Service Provider, or an authorized reseller, distributor, OEM or other authorized partner of the Managed Service Provider or its licensor, unless such software or third-party software explicitly allows such access. 3.2.8. All rights not expressly granted are reserved by the Managed Service Provider. Membership used for other than the approved usage will be considered a breach of this Agreement. 3.3. Warranty:

3.3.1. As the Membership is provided to the End User free of charge, the End User does not guarantee or warrant any features or qualities of Membership or give any undertaking with regard to any other quality. No such warranty or undertaking shall be implied by the End User from any description in the Membership or any available documentation or any other communication or advertisement for the Membership except to the extent that the Managed Service Provider has expressly confirmed a specific quality in writing. In particular, the Managed Service Provider does not warrant that the Membership will be available uninterrupted or permanently. All warranty claims are subject to the limitation of liability stipulated below.

3.3.2. THE MEMBERSHIP IS LICENSED TO THE END USER “AS IS”, WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART OF THE MANAGED SERVICE PROVIDER. THE MANAGED SERVICE PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THE END USER SHALL ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE MEMBERSHIP, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT.

3.4. Liability:

3.4.1. Irrespective of the legal reasons, the Managed Service Provider shall only be liable for damages occurred under this Agreement if such damage (i) is caused by intentional misconduct of the Managed Service Provider; or (ii) consists of bodily injury. In all other cases, neither the Managed Service Provider nor its employees, agents, suppliers, licensors and subcontractors shall be liable for any kind of damage or claims hereunder.

3.4.2. The Managed Service Provider’s entire liability for all claims in the aggregate arising from or related to each Trail Software or otherwise arising under this Agreement will not exceed the amount of any a) damages for bodily injury (including death) and b) other actual direct damages up to U.S. $2,500 (or equivalent in local currency). This limit also applies to any of the Managed Service Provider’s agents, suppliers, licensors and subcontractors. It is the maximum for which the Managed Service Provider and its agents, suppliers, licensors and subcontractors are collectively responsible.

3.4.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL THE MANAGED SERVICE PROVIDER AND ITS AGENTS, SUPPLIERS, LICENSORS AND SUBCONTRACTORS BE LIABLE TO THE END USER OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.

3.5. Intellectual Property Rights:

3.5.1. Reservation of Rights. The Managed Service Provider Materials, and all Intellectual Property Rights embodied in the foregoing, shall be the sole and exclusive property of the Managed Service Provider or its or their licensors, subject to any rights expressly granted to the End User in terms of this Agreement. The End User is not permitted to modify or otherwise make derivative works of the Software. Any such unauthorized works developed by the End User, and any Intellectual Property Rights embodied therein, shall be the sole and exclusive property of the End User.

3.5.2. Protection of Rights. The End User shall not copy, translate, disassemble, or decompile, nor create or attempt to create the source code from the object code of the Membership in any manner. Reverse engineering of the Membership and other Managed Service Provider Materials is prohibited, except to the extent that the foregoing restriction is expressly prohibited by applicable law notwithstanding this limitation. The End User is permitted to back up data in accordance with good information technology practice and for this purpose to create the necessary backup copies of the Membership. Backup copies on transportable discs or other data media must be marked as backup copies and bear the same copyright and authorship notice as the original discs or other data media. The End User must not change or remove any copyright and authorship notices.

3.5.3. Indemnification. The End User shall defend (at its sole expense) the Managed Service Provider and its affiliates and licensors against claims brought against the Managed Service Provider by any third party arising from or related to any use of the Membership or service used to host the Membership. (ii) an allegation that the End User’s use of the Membership or service used to host the Membership in violation of this Agreement violates, infringes or misappropriates, or in any way harms a third party. The End User will pay any third party damages awarded against the Managed Service Provider (or the amount of any settlement the End User enters into) with respect to such claims and will pay reasonable attorney’s fees in connection with such defense. The foregoing shall apply regardless of whether such damage is caused by the conduct of the End User or by the conduct of a third party using the End User's access credentials.

3.6. Support:

3.6.1. The Managed Service Provider has no obligation to provide maintenance and support for the Membership and no service level agreements apply. The Managed Service Provider may offer support for the Membership – at its sole discretion – by e.g. provisioning of updates, patches, bug fixes and new versions according to the Managed Service Provider’s then current existing support offerings without notice to the End User.

3.6.2. To assist the Managed Service Provider in isolating the cause of a problem with the Trail Software, the Managed Service Provider may request that the End User a) allow the Managed Service Provider to remotely access the End User’s system or b) send the End User information or system data to the Managed Service Provider. However, the Managed Service Provider is not obligated to provide such assistance unless the Managed Service Provider and the End User enter a separate written agreement under which the Managed Service Provider agrees to provide to the End User that type of support, which is beyond the Managed Service Provider’s obligations in this Agreement.

3.6.3. Though all data created by or uploaded to Busbargain.com is owned by the Managed Service Provider, The End User remains responsible for a) any data and the content of any database the End User makes available to the Managed Service Provider, b) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and c) backup and recovery of any database and any stored data.

3.8. End User Responsibilities:

3.8.1. The Managed Service Provider requires for the term of this contract that the End User throughout the Membership (i) Participate fully in any and all surveys distributed to end users in relation to the usage of the BusBargain.com website. (ii) Ensure that all quotes received by the End User from the BusBargain.com website are answered and replied to from the End Users membership portal within four(4) business hours. 3.8. Term and Termination:

3.8.1. The Managed Service Provider shall be entitled to terminate the End User’s licenses to use the Membership if the End User fails to comply with any of the terms of this Agreement. This Agreement terminates automatically upon the expiration of the Membership Period. In case of termination or expiration of this Agreement, the End User must immediately cease use of the Trail Software and destroy all copies of the Membership in its possession within 10 (ten) days of the end of the Trail Period, if any.

3.8.2. THE TRAIL SOFTWARE MAY CONTAIN A DISABLING DEVICE THAT WILL PREVENT IT FROM BEING USED AFTER THE TRAIL PERIOD ENDS. THE END USER AGREES NOT TO TAMPER WITH THE DISABLING DEVICE OR THE TRAIL SOFTWARE. THE END USER SHOULD TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT WHEN THE TRAIL SOFTWARE CAN NO LONGER BE USED.

3.9. Confidentiality:

3.9.1. With respect to the Confidential Information the End User: a) shall take all Reasonable Steps (defined below) to keep all Managed Service Provider Confidential Information strictly confidential; and b) shall not disclose any Managed Service Provider Confidential Information of the other to any person other than its bona fide individuals whose access is necessary to enable it to exercise its rights hereunder. As used herein “Reasonable Steps” means those steps the End User takes to protect its own similar proprietary and confidential information, which shall not be less than a reasonable standard of care. Managed Service Provider Confidential Information disclosed prior to execution of this Agreement shall be subject to the protections afforded hereunder.

3.10. General. This Agreement may not be assigned, transferred or delegated by the End User to any entity. This Agreement constitutes the entire, conclusive and complete statement of agreement between the Managed Service Provider and the End User (the “Parties”). All previous representations, discussions and written communications are superseded by this Agreement and the Parties disclaim any reliance on such representations, discussion and/or written communications. This Agreement may not be amended or modified and any term or obligation may not be waived except in writing signed by a duly authorized representative of each Party. If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. Neither Party shall be liable to the other for its failure to perform any of its obligations hereunder during any period in which such performance is delayed due to circumstances beyond its reasonable control. This Agreement shall be governed by South African law. The exclusive place of jurisdiction for all disputes arising from or in connection with this Agreement is Johannesburg, South Africa. All notices or reports which are required to be given under and in terms of this Agreement will be in writing and will be deemed to be duly given when delivered to the address provided by each Party as set out in the Delivery Note. The End User authorizes the Managed Service Provider and its subsidiaries and their successors and assigns to store and use the End User’s business contact information wherever they do business, in connection with the Managed Service Provider’s products and services, or in furtherance of the Managed Service Provider’s business relationship with the End User