DISCLAIMER : PLEASE READ THE TERMS SET OUT HEREIN CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THE WEBSITE AND EITHER DO NOT USE OR CEASE USAGE OF ALL THE SERVICES IMMEDIATELY.
1. APPLICABILITY
This Terms of Use (“Terms”) form the terms and conditions for the use of services and products of redBus, which is a brand owned, managed and operated by redBus (Cambodia) Co., Ltd. Such Terms are binding on the User.
Any User who inquiries about or purchases any products or services of redBus through its Sales Channels agrees to be governed by these Terms.
2. ELIGIBILITY TO USE
The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of redBus. If you are a minor or are below the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
As a minor if you wish to use or transact on the Website, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to the Website if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of account is false.
Before using the Website, approaching any Sales Channels or procuring the services of redBus, the Users shall compulsorily read and understand these Terms, and shall be deemed to have accepted these Terms as a binding document that governs User’s dealings and transactions with redBus. If the User does not agree with any part of these Terms , then the User must not avail redBus's services and must not access or approach the Sales Channels of redBus.
All rights and liabilities of the User and redBus with respect to any services or product enabled by redBus shall be restricted to the scope of these Terms.
3. CONTENT
All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons and such similar content ("Content"), are registered by redBus and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein.
User agrees to follow all instructions provided by redBus which will prescribe the way such User may use the Content.
There are a number of proprietary logos, service marks and trademarks displayed on the Website and through other Sales Channels of redBus, as may be applicable. redBus does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
4. WEBSITE
The Website is meant to be used by bonafide User(s) for a lawful use.
User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
These Terms grant a limited, non-exclusive, non-transferable right to use this Website as expressly permitted herein. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
Access to certain features of the Website may only be available to registered User(s). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to redBus is true and accurate.
redBus reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
redBus will always make its best endeavors to ensure that the Content on its Websites or other Sales Channels is free of any virus or such other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
redBus reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User.
User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to contact@redbus.com.kh. On receiving such report, redBus reserves the right to investigate and/or take such action as the Company may deem appropriate.
User(s) shall not host, display, upload, publish, transmit or share any information on redBus’s Website which:
belongs to another person and to which the User does not have any right;
is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
impersonates another person;
threatens the unity, integrity, defence or security of Cambodia, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of the Website; or
violates any law for the time being in force.
Procedure to Report Objectionable/ Infringing Content:
User(s) can report any content on the Website which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law.
If the individual is of the view that any content on or listings on redBus contains any objectionable or infringing content, User(s) may fill out and submit the same at ipr@redbus.com. redBus shall endeavor to review all complete and valid complaints within the prescribed timeframe under applicable law.
The information shared as part of the complaint shall a) clearly identify the violations, b) location of the material on the Website, including but not limited to the link of the infringing material, c) in case of any IP violations, proof of ownership of such IP, and d) contact information.
Complainant consents that redBus shall share the contents of any complaint with necessary third parties including without limitation the accused parties involved to determine the respective rights and liabilities against any allegedly illegal content.
redBus shall make commercially reasonable efforts to resolve all content related complaints within the time period prescribed under applicable law provided that:
Complainant shall provide all relevant information and supporting documentation requested by redBus to enable redBus to evaluate the complaint; and
redBus acts in good faith in the determination of any complaint and shall not be liable, in any manner whatsoever, for any act or omission of redBus pursuant to such complaint, and no such act or omission shall be construed to be an admission of any liability. All of redBus’s rights in such matters are fully reserved. redBus does not provide any guarantee or warranty in respect of the outcome of any complaint.
5. BOOKINGS BY TRAVEL AGENTS:
Except with the prior registration with redBus as B2B agents, priority partner or a franchisee, and explicit permission of redBus to use the Website, all travel agents, tour operators, consolidators or aggregators (“Travel Agents”) are barred from using this Website for any commercial or resale purpose. If any such bookings are detected, redBus reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such Travel Agents and also to withhold payments or any refunds thereto. redBus shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Travel Agents. The liability in case of such cancellations shall be solely borne by such Travel Agents.
All discounts and offers mentioned on the Website are applicable only to the User(s) of redBus for legitimate bookings.
6. LIMITED LIABILITY OF REDBUS
Unless redBus explicitly acts as a reseller in certain scenarios, redBus always acts as an online technology platform by connecting the User with the respective service providers like bus operators etc. (collectively referred to as “Service Providers”). redBus’s liability is limited to providing the User with a confirmed booking as selected by the User.
Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Service Provider. redBus will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Service Provider.
Unless explicitly committed by redBus as a part of any product or service:
redBus assumes no liability for the standard of services as provided by the respective Service Providers;
redBus provides no guarantee with regard to their quality or fitness as represented; and
redBus doesn’t guarantee the availability of any services as listed by a Service Provider.
By making a booking, User understands redBus merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Service Provider and not redBus. Thus, the ultimate contract of service is between User and Service Provider.
7. USER’S RESPONSIBILITY
Users are advised to check the description of the services and products carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed booking voucher. These conditions are also to be read in consonance with these Terms.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about these Terms, including all rules and restrictions applicable thereto.
The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through redBus. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by any government/ statutory/ regulatory body/ authority empowered to do so w.r.t use of services or for each transaction.
The services are provided on an "as is" and "as available" basis. redBus may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. redBus expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and fitness for all purposes. No advice or information, whether oral or written, which the User obtains from redBus or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.
User also authorizes redBus’s representative to contact such User over phone, message and email. This consent shall supersede any prior preferences set by such User.
8. SECURITY AND ACCOUNT RELATED INFORMATION:
While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify redBus immediately in writing of any unauthorized use of their password or account or any other breach of security. redBus will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
User understands that any information that is provided to theWebsite may be read or intercepted by others due to any breach of security at the User’s end.
redBus keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., redBus may at times verify certain information of its Users like their credit score, as and when required
redBus adopts the best industry standard to secure the information as provided by the User. However, redBus cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information, too.
The data of the User as available with redBus may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.
9. FEES AND PAYMENT
In addition to the cost of booking as charged by the Service Providers, redBus reserves the right to charge certain fees in the nature of convenience fees or service fees. redBus further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.
In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, redBus shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to redBus. In cases where the short charge is claimed prior to the utilization of the booking, redBus will be at liberty to cancel such bookings if the amount is not paid before the utilization date.
Any increase in the price charged by redBus on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
In the rare circumstance of a booking not getting confirmed for any reason whatsoever, redBus will process the refund of the booking amount paid by the User and intimate the User about the same. redBus is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the Service Provider and redBus as the case may be.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws.
The User agrees and understands that all payments shall only be made to bank accounts of redBus. redBus or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of redBus. The User agrees that if that User transfers any amount against any booking or transaction to any bank account that is not legitimately held by redBus or to any personal account of any person, redBus shall not be held liable for the same. User shall not hold any right to recover from redBus any amount which is transferred by the User to any third party.
The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of redBus. The User shall immediately inform redBus if such details are demanded by any of its agents’ employees or representatives. redBus shall not be liable for any loss that the User incurs for sharing the aforesaid details.
Refunds, if any, on cancelled bookings will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking.
Booking(s) made by the User through redBus are subject to the applicable cancellation policy as set out on the booking page or as communicated to the Users from time to time.
10. CANCELLATION OF TICKET
Cancellation of tickets can be done either through the User login on the Website, or by calling on the customer care number.
Any cancellation is subject to such cancellation charges as mentioned on the ticket.
11. RESCHEDULING OF TICKET
Rescheduling (i.e. change of date of travel) of the tickets can be done through the User login on the Website, or by reaching out to the customer support team.
Rescheduling is an option provided only by select bus operators. The policy for the same shall be available on the e-ticket.
Rescheduling a ticket is subject to charges as mentioned on the e-ticket. Fare difference, if applicable, shall be borne by the User. However, if the fare of the rescheduled ticket is lower than the current fare, the fare difference shall not be refunded.
Rescheduling a ticket can be availed only once per booking, if applicable. Once the travel date change option is availed, the ticket cannot be further canceled.
Tickets are non-transferrable and the originally booked passengers are to travel upon such rescheduling.
12. REDBUS WALLET
redBus may provide at its sole discretion, the facility to transact through an online redBus wallet (“Wallet") to its registered Users.
Upon cancellation of previously booked tickets, you would be accorded an option of either withdrawing such amounts to your bank account/credit card linked to the account or to the Wallet.
The cash equivalent balance available in the Wallet may be used by the User for making bus bookings or to avail any other services available at the Website only.
The present form and format of the Wallet, issued by redBus to its Users, is modelled on a closed system prepaid payment instrument.
Any promotional cash credited into your Wallet by redBus, will not be refundable into your bank account under any circumstances. On cancellation of a reservation of services provided by redBus, any utilised promotional cash will be forfeited. This promotional cash has an expiry date beyond which, it will not be available for your usage.
The Users are advised to use the amount lying in the Wallet within its validity period. Any amount lying unutilised (except promotional cash deposited by redBus) beyond a period of 365 days shall be deemed to be held in trust with redBYs. It will be held in trust for a maximum period of 1 year, after which redBus will make reasonable efforts to transfer such amount to the beneficiary and if such transfer is not an option, any unclaimed amount will be forfeited.
Maximum of 10% of the ticket price can be availed from the wallet promotional cash for ticket booking. redBus reserves the right to modify such percentage at its sole discretion without any prior intimation.
The amount lying in the Wallet is not transferable to any other Wallet of the same or different User.
The option of keeping the refund amount in Wallet is available only to resident Cambodians only. Also, the amount lying in the Wallets are not available for transactions in foreign currency.
By choosing the option to maintain the Wallet with redBus, you agree to comply with the aforesaid terms and conditions.
The Company reserves the right to suspend/discontinue Wallet scheme to Users at any time, for any cause, including, but not limited to, for any violation of the Terms mentioned herein by the Wallet User or to comply with any rules, regulations, orders, directions, notifications issued by any government/ statutory/ regulatory authority.
redBus makes no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the services, which are not expressly mentioned herein.
redBus may at its sole discretion change, by addition or deletion, these Terms.
13. USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY REDBUS
redBus will send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.
redBus may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by redBus are:
upon the request and authorization of the User;
‘transactional’ and not an ‘unsolicited commercial communication’; and
in compliance with the relevant guidelines governing this subject matter in Cambodia and abroad.
The User will indemnify redBus against all types of losses and damages incurred by redBus due to any action taken by a authority due to any erroneous complaint raised by the User on redBus with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
14. INSURANCE
Unless explicitly provided by redBus in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the User. In no case redBus shall accept any claims arising out of such scenarios.
Insurance, if any, provided as a part of the service or product by redBus shall be as per the terms and conditions of the third-party insurance company. redBus merely acts as an online technology platform in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. redBus shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.
15. FORCE MAJEURE
There can be exceptional circumstances where redBus and / or the Service Providers may be unable to honor the confirmed bookings due to various reasons like act of God, labor unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, epidemic, pandemic etc. or any other reason beyond the control of redBus. If redBus has advance knowledge of any such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to the User or refund the booking amount after deducting applicable service charges, if supported and refunded by that respective Service Providers. The User agrees that redBus being merely an online technology platform of the services and products booked, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, redBus’s obligation shall be limited refunding the booking amount, if any, received from the User. Such refund shall completely discharge redBus from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
In no event shall redBus and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.
16. ADVERTISERS ON REDBUS, AND LINKED WEBSITES
The Website may contain links to third party websites. redBus does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and redBus shall assume no liability for the same.
redBus is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
redBus does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of redBus and hence redBus is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. redBus is providing these links to the Users only as a convenience.
17. RIGHT TO REFUSE
Right to Refusal by redBus:
redBus at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.
redBus will not provide any service or share confirmed booking details till such time the complete consideration is received from the User.
In addition to other remedies and recourse available to redBus under these Terms or under applicable law, redBus may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:
The User is in breach of these Terms, or
redBus is unable to verify or authenticate any information provided by the User, or
redBus believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of redBus, or redBus itself.
Once a User has been suspended or terminated, such User shall not register or attempt to register with redBus with different credentials, or use the Website in any manner whatsoever until such User is reinstated by redBus. redBus may at any time in its sole discretion reinstate suspended Users.
If a User breaches these Terms, redBus reserves the right to recover any amounts due to be paid by the User to redBus, and to take appropriate legal action as it deems necessary.
The User shall not write or send any content to redBus which is, or communicate with redBus using language or content which is:
violates third parties' intellectual property rights;
a spam; or
in breach of any other part of these Terms.
If the User violates any of the aforesaid terms, redBus shall be at liberty to take appropriate legal action against the User.
Right to Refusal by the Service Provider
User agrees that that the end Service Provider may refuse to provide the service(s), agreed to be provided to the User, for any booking made through redBus with/ without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end Service Provider as it is outside the purview of redBus and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end Service Provider and not redBus.
18. RIGHT TO CANCEL
The User expressly undertakes to provide redBus with correct and valid information while making use of the Website under these Terms, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from redBus.
In case redBus discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travelers is not correct or that any fact has been misrepresented by that User, redBus shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, redBus shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.
If any judicial, quasi-judicial, investigation agency, government authority approaches redBus to cancel any booking, redBus will cancel the same without approaching the concerned User whose booking has been cancelled.
The User shall not hold redBus responsible for any loss or damage arising out of measures taken by redBus for safeguarding its own interest and that of its genuine Users. This would also include redBus denying or cancelling any bookings on account of suspected fraud transactions.
19. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES
redBus’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
If you are ever asked for any of the aforesaid information, please report it immediately on contact@redbus.com.kh.
20. INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless redBus, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant hereunder by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and redBus cannot be held responsible for the same.
21. MISCLLEANEOUS
Severability:If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Jurisdiction:This Agreement is subject to interpretation as per the laws of Cambodia, and the parties shall refer any unresolved disputes to the exclusive jurisdiction of courts in Phnom Penh.
Amendment to these Terms:redBus reserves the right to change these Terms from time to time. The User is responsible for regularly reviewing the Terms.
Confidentiality:Any information which is specifically mentioned by redBus as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by applicable law or to serve the purpose of these Terms and the obligations of both the parties herein.
Feedback from Users:redBus would like to know the feedback of the Users for improving its services. The User hereby authorizes redBus to contact the User for their feedback on various services offered by redBus. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to redBus for specific exclusion at contact@redbus.com.kh.
Privacy Policy:User shall also refer to redBus’s Privacy Policy available on redBus’s Website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s Personal Information by redBus and its affiliates in accordance with the terms of the Privacy Policy.