CityBus Mobile Application – Terms and Conditions
Holder: City Group Co. KSCP
Registered office: Sulaibiya Industrial Area, Block No. 2, Building No. 800100 Kuwait
These Terms and Conditions regulate the use of the CityBus mobile application (the “App”) by a user who enters the App to create an account and request the services offered pursuant to these Terms and Conditions (the “User”).
By accessing and using this App you acknowledge and agree that you have read and accepted these Terms and Conditions and agree to comply with them, as they establish the contractual relationship between you and City Group Co. KSCP. By continuing to use this App, you acknowledge and agree that you have read, understood and consent to be bound by these Terms and Conditions.
City Group Co. KSCP reserves the right to modify, at its sole discretion, these Terms and Conditions at any time, as well as any other general or particular terms that may apply, without providing any notice thereof. The modifications made shall in no case affect the services that have been performed prior to the said modifications, which shall in any case be governed by the Terms and Conditions in force at the time of performing said services. You will be deemed to have consented to any changes to the Terms and Conditions if you access our App after such modifications have been made.
It is the User’s responsibility to be aware of the Terms and Conditions in force at the time of commencement of the purchase process as defined in Section 8 of these Terms and Conditions. Likewise, City Group Co. KSCP reserves the right to suspend, interrupt or stop operating the App at any time.
In order to be able to contract with City Group Co. KSCP, the User must have the necessary legal capacity to enter into contracts, in accordance with the minimum age and other legal requirements required by the regulations of each territory applicable to the contracting by each User. However, in the case of contracting by a minor, in accordance with the provisions of the applicable regulations in each case, it shall be presumed that said contracting has been carried out with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that City Group Co. KSCP reserves the right to carry out as many verifications as it deems appropriate in this regard.
3. USER REGISTRATION
For the operation of the services on the App, the User shall open and create a User account. The accuracy, eligibility, and management of the account information shall remain the sole responsibility of the User..
At the end of the registration process, the App will confirm that the process has been completed correctly. User registration may be carried out at any time and only once, free of charge and not subject to any condition or consideration whatsoever.
The User will be able to access the registered PROFILE section with their username and password. In their profile, the User will be able to find relevant information relating to the services offered by City Group Co. KSCP. It is solely the User’s obligation to ensure the security of their accounts. Sharing login credentials with any external parties should be strictly avoided.
To unsubscribe, the User must send an e-mail to the following address: firstname.lastname@example.org
Unsubscribing as a User will entail the deletion of the User’s data, as well as the impossibility of making online bookings and purchases of services in the future until they do register again.
4. OPERATION OF THE APPLICATION
Through the App, City Group Co. KSCP provides the User with a transport service on Main, X-press and Airport routes in real time, providing a holistic view of city transport systems.
City Group Co. KSCP as a transportation operator and has access to the App portal from which it controls its fleet schedules, routes, product categories or offers (if any) and set rules. AFC (Automated Fare Collection) helps optimize the need for ticket counters, paper printing, card issuance etc., thereby reducing time spent managing cash, ticket print transactions and resulting in the seamless, easy to use service.
The App supports various payment methods such as knet, bank cards, wallets, etc. for speedy transactions and shortening time in transit.
City Group Co. KSCP will propose to the User that this App will not only provide informational support, but making its use easy to, inter alia, track payments, check credits, plan journeys and view routes,. as well as provide an alternative tool to engage customers, organize and automate fare collection and drive the urban mobility agenda throughout the city (the “Proposal“). The App offers the User a wide set of functionalities to help commuters on their journey and allows vehicles on the routes, plan journeys, view historical trips and payments, check credits of e-wallet.
The effectiveness and precision of the App’s features rely on the presence of a consistent data connection and the suitability/compatibility of mobile devices. Nonetheless, the precision of the information (travel durations, estimated arrival times, etc.) is optimal when estimated, and it might shift due to diverse external factors beyond City Group Co. KSCP control.
5. USER BENEFITS
5.1. Multiple identity links
The User can link multiple number of phone numbers and email addresses while creating account into the App, while maintaining a particular phone number as the User primary account identification.
The User can link cards to the App, making payment more convenient and secure.
5.2. Prohibited uses.
The User shall be solely responsible for any illegal or unauthorized access or use of the App for financial or other reasons. Prohibited uses include, but are not limited to, the following:
a) Disclosing, publishing, distributing, or sharing images or photographs that include images or personal information of third parties without having obtained the required consent from their owners and City Group Co. KSCP.
b) Making use of the App and/or any of City Group Co. KSCP’s services in an unlawful manner or in any other manner that may undermine City Group Co. KSCP’s image, harm, overburden or damage the App, and/or endanger the physical safety or well-being of third parties.
c) Create a false identity, provide and/or use false data in the User’s account, make false representations, provide false information about the User and/or other persons and your relationship with them.
d) Register as a User in the name of another person or in any other manner involving the use of other people’s identities and, in particular, identity theft.
6. LIABILITY AND NON-COMPLIANCE
6.1. Prior information
Access to the App is completely free of charge to all Users, with no additional associated costs, apart from the cost of the User having an Internet connection.
All the services offered by City Group Co. KSCP are described. The services are provided on an “as is” basis. City Group Co. KSCP makes no representations or warranties of any kind, express or implied, including without limitation that the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error. To the full extent permissible under applicable laws, City Group Co. KSCP disclaims any and all such warranties.
The contract between City Group Co. KSCP and the User is understood to be perfected from the moment the User completes the contracting procedure by pressing the “CONFIRM” button. The completion of all the phases of the contracting procedure and the inclusion of all the data requested, together with the ticking of the corresponding box at the time the User registers, implies acceptance of both these Terms and Conditions and the specific terms and conditions of the third parties (if any) providing the service, which will be made available to the User prior to the completion of the contracting process, being a direct manifestation of the User’s willingness to accept them.
When the User confirms the Proposal, it will be liable to pay the due amount in lieu of availing services pursuant to these Terms and Conditions, failure to which services will be disbarred.
6.2. False information
The User is solely responsible for the origin, ownership, completeness, content, truthfulness, and accuracy of the information and/or documentation provided through the App.
Likewise, City Group Co. KSCP shall not be liable for the falsity of the information relating to the permits of the carriers when acting as a technology licensee for the provision of the service.
6.3. Limitation of liability of the intermediary
City Group Co. KSCP shall not be liable for the total or partial breach of the obligations derived from these Terms and Conditions and/or contracting of the services by the User derived from the breach by third party carriers of their obligations or for the delay in the performance of the same due to force majeure.
As referred to in Section 6.2, City Group Co. KSCP acts as an operator for the provision of transport services to the User. Therefore, it only provides the User with the necessary tools to be able to effectively book the journeys to be carried out.
The User therefore exonerates City Group Co. KSCP from any liability that may arise from the transport services. City Group Co. KSCP is not responsible for the security of the data entered in the third-party payment platform, nor for the processing of the same by the owner of the same in the payment process for the service.
Likewise, City Group Co. KSCP shall not be liable for any damage and/or loss and/or loss of profits or lost profits caused to any third party due to the use of their bank details without their consent by any buyer who purchases the services through the App.
6.4. Force majeure
City Group Co. KSCP does not undertake to strictly comply with the pick-up and drop-off times indicated in the Proposal, as these may be prevented by external elements (unforeseeable changes in urban traffic, strikes, traffic accidents, etc.) or due to force majeure.
7. APPLICABLE LAWS
these Terms and Conditions are construed under the laws applicable in Kuwait.
These Terms and Conditions may be saved and reproduced at any time by the User who purchases a service using the options of their Internet browser and must be accepted at the time of registration in the App or in the event of an essential modification of the same.
8. PURCHASE PROCESS
Once the User account has been created, it is hereby informed that in accordance with the requirements of the applicable regulations, the Purchase Process will follow the following steps:
8.1. Prerequisites: before starting the Purchase Process, you must be registered as a User, you must have identified yourself as a User on the App and you must have minimum required credit balance in your e-wallet. Otherwise, the User may opt to pay through bank cards directly.
8.2. The App offers the User a wide set of functionalities to help commuters on their journey, vehicles on the routes, plan journeys, view historical trips, Smart Card and allows checking balance of e-wallet, and payments, purchase tickets through mobile.
8.3. The User can link multiple smart cards to the App, making payment more convenient and secure.
8.4. Registering/Enrollment as an account holder is simple and does not require any special skills. Post registration following features are most commonly experienced by User:
a) Payment from single account
b) Account top-up with payment instrument of choice
c) Getting access to best product propositions
8.5. In normal circumstances our commitment to process & confirm the acceptance for any future proposed special category (like: Student, Senior Citizen, specially abled person etc.) application would be processed within 7 working days.
8.6. Start of the purchase process: Once the Proposal has been accepted, click on the “Confirm” button to start the purchase process.
8.7. Promotional credits are nontransferable and may not be sold, bartered, auctioned, traded or exchanged.
8.8. The offer may be revoked at any time without notice. Offer is considered void, where prohibited by law.
8.9. Use of the voucher and/or the promotional credit (if any) constitutes your acceptance of the applicable offer terms and conditions.
8.10. Any discounts, prizes, or promotional considerations applicable to a particular offer, apply only to the specific period purchase, they are not applicable to other charges, current or existing subscriptions, unpaid balances or any future charges related to the product(s) if the customer has agreed to an ongoing subscription for the service(s)/packages etc.
8.11. All prices are subject to change without notice. User acknowledges that for any service availed as a subscription service will be entered at then current prices and current subscription service terms and conditions shall apply.
Throughout the purchase process, the User may consult these Terms and Conditions as well as the final price of the selected service. Once the contracting of the service has been confirmed, the User may not modify or cancel the order except in the cases foreseen by law or in the present Terms and Conditions.
9. PRICE AND COSTS OF THE SERVICE
All final prices are quoted in local currency and include taxes, wherever applicable. Through the bank details entered by the User in the payment platform, a deduction will be made for the final amount of the service. The offers will be duly marked and identified, conveniently indicating the final price of the service, if applicable.
Fees and taxes will be detailed at the end of the purchase process. Before accepting the price by clicking on the “Confirm” option, you will be able to find out the full final price of your journey, including, where applicable, the amount of any surcharges, discounts applied or other additional services.
City Group Co. KSCP reserves the right to make any modifications it deems appropriate to the App at any time and without prior notice, including the price scales. In any case, all these amounts will be shown to the User in a detailed manner during the contracting process.
10.1. Means of Payment
Payment for the journey is made in real time through the payment methods available in the App once the details provided have been verified to be correct, depending upon the service category chosen.
The payment of financial amounts via the Internet will be made through the platform provided by an external financial institution, which in any case will be hosted on a website under SSL secure protocol.
In any case, the purchase will only be effective when City Group Co. KSCP receives confirmation of payment from the bank that owns the secure payment gateway. If the transaction is refused for any reason, or the full amount corresponding to the amount of the order (including surcharges for processing costs and bank transfer fees) is not provided, the order will be rejected, informing the User that the transaction has been declined.
The App redirects the User to the website of the payment platform, at the time of the purchase process in which the User enters his/her bank details to proceed with the payment of the journey. Under no circumstances will City Group Co. KSCP be aware of the information relating to the payment details at the time of the purchase procedure, which are provided directly on the payment gateway (with security systems that prevent the interception, modification, or falsification of the information). City Group Co. KSCP cannot therefore be held liable for any fraudulent or improper use of these payment details by third parties.
This credit in your wallet cannot be refunded. The credit in your wallet can be used for the services only. This credit has no expiry date and can be used anytime for CityBus service.
We do not make any cash refunds. The amount will be refunded to you within 15 (fifteen) working days into the original the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us, and we will gladly help you.
The User will be able to access his/her payment transaction history through “More menu – purchase history” feature of the App.
11. CUSTOMER SERVICE
For any query or incident, you may contact City Group Co. KSCP’s customer service department at the email address indicated below and within the business hours established for this purpose. E-mail: email@example.com
City Group Co. KSCP will respond to complaints or queries received as soon as possible, which in no case shall exceed one (1) month from the date on which the User submitted the complaint or query.
12. PROTECTION OF PERSONAL DATA
14. INTELLECTUAL PROPERTY
City Group Co. KSCP is the owner or, if applicable, has the corresponding licenses for the exploitation rights of the intellectual and industrial property of the App, as well as of all the contents offered therein, including, but not limited to, the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through the same.
Under no circumstances shall it be understood that access, browsing and use of the App by the User or the use, acquisition and/or contracting of services offered through the App implies a waiver, transmission, license or total or partial transfer of said rights by City Group Co. KSCP. The User has the right to use the contents and/or services of the App within a strictly domestic context and solely for the purpose of enjoying the services provided in accordance with these Terms and Conditions.
References to registered trademarks or trade names, or other distinctive signs, whether owned by City Group Co. KSCP or third parties, implicitly prohibit their use without the consent of City Group Co. KSCP or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the App and/or its contents confer on the user any rights over the distinctive signs included therein.
All intellectual property rights over the contents and/or services of the App are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the App, for public or commercial purposes, without the prior, express written authorization of City Group Co. KSCP or, where applicable, of the owner of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the user finds in the App as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered in the App.
In the event that the User sends information of any kind to City Group Co. KSCP through any of the channels provided for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.
The User acknowledges that he/she assumes responsibility, holding City Group Co. KSCP harmless for any communication that he/she provides personally or in his/her name, with said responsibility extending without restriction to the accuracy, legality, originality, and ownership of the same.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must notify City Group Co. KSCP immediately via the e-mail address firstname.lastname@example.org so that City Group Co. KSCP may proceed to take the appropriate measures.
Likewise, in the event that any User or third party considers any of the contents of the App owned by City Group Co. KSCP infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to email@example.com with the following information:
a) Identification details and contact details of the claimant or their legal representative.
b) Documentation accrediting their status as owner of the allegedly infringed rights.
c) Detailed account of the rights allegedly infringed by City Group Co. KSCP, as well as their exact location within the App.
d) Express declaration by the claimant that the use of the content has been made without the consent of the owner of the allegedly infringed rights.