2) Conditions Relating to Your Use of AfriKonekta.com
2.1. Your Account
If you use the website or app, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or smartphone to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. AfriKonekta reserve the right to refuse access to the website, terminate accounts, remove, or edit content at any time without notice to you.
AfriKonekta does not collect or store any Sensitive Personal Data of its Users/Customers. All passwords are stored in an encrypted form.
By using the platforms, you agree and consent to AfriKonekta collecting and storing your personal data and information such as name, gender, age, address, location, e-mail addresses, landline and mobile phone numbers, purchase history, transactional history etc. for the purposes of providing better services and targeted advertisement or for the provision of any lawful purpose connected with the functions or activities of platforms. We may also share your personal data with any third party, agents, affiliates etc and monetize the same also. If you object to your information being stored, transferred, used or processed by platforms or any third party, agents, affiliates etc, please do not use the website. AfriKonekta Mobility Oy reserves the absolute right to not provide you any service or goods in case of your refusal to share your personal information.
You may contact us in order to correct any incorrect, inaccurate or deficient personal data or information collected by us in order to correct the same.
If you wish to withdraw your consent given to AfriKonekta to collect and store your personal data, you may write to us at [email protected] or [email protected] with respect to the same.
If you have any concerns or grievances with respect to your personal information please contact the Privacy Grievance Team, [email protected] or [email protected].
2.3 E-Platform for Bookings
You agree, understand, and acknowledge that the website is an online platform that enables you to purchase products or services listed on the website at the price indicated therein at any time from any service provider. You further agree and acknowledge that AfriKonekta is only a facilitator/aggregator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products (Terms and Conditions of Sale) on the website or app shall be a strictly bipartite contract between you and the sellers on AfriKonekta. Your use of the AfriKonekta platform may be subject to a ‘convenience fee’ as decided by AfriKonekta.
AfriKonekta does not assume any liability with respect to the availability, quantity, quality, punctuality or cancellation of any product or service purchased/availed by a User, which shall rest solely with the Service Provider. AfriKonektashall not be responsible for any incidental, indirect, special, or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any service offered by AfriKonekta, whether such liability arises in tort, contracts, breach of warranty or otherwise.
2.3.1 Services for Transaction and Communication
2.3.2 The User acknowledges and agrees that pursuant to use and access of the Platform or availing the Services through the Platform or through any Authorised Channels, the Transportation Services availed by the User are provided by the Third Party Operators on the Buses pursuant to and towards the fulfilment of the Bookings made by the User(s) on the Platform or through any Authorised Channels. The User agrees that the use of the Buses for availing the Transportation Services provided by the Third- Party Operators as well as all communication, interaction, transactions and dealing between them in respect of the same constitutes a separate and bilateral arrangement between the User and the Third- Party Operators.
2.3.3 It is hereby clarified to and acknowledged by the User that the Company itself does not provide Transportation Services and that it merely acts an intermediary technology service provider to facilitate and enable the interaction, communication and transaction between the Third Party Operator(s) and the User(s); and hence, the Company shall not be liable and responsible for any and all liabilities, losses, claims and damages that may arise out of or in connection with the interaction, communication and transaction between the Third Party Operator (whether on account of obtaining, availing, arranging, scheduling or availing Transportation Services or otherwise) and the User; and the User agrees to hold harmless and indemnifies the Company in this regard.
2.3.4 For availing the Transportation Services through the Platform, the User shall make Bookings and purchase the Tickets on the Platform through his/her Account or through any Authorized Channels by paying the Booking Price. Upon receipt of instruction from the Third-Party Operators, the Company reserves the right to change the fare for any Transportation Services at any time at its sole discretion, without any prior notification to the Users. The Company shall not be liable to refund any amount collected from the User towards any Booking of Transportation Services which could not be used by the User for any reason whatsoever. In addition, at the time of making a Booking or placing a Booking request for a Trip, a User may opt for insurance and any other additional services like excess freight, in respect of which the User will be charged Additional Charges, which may be collected as a part of the Booking Price or may be collected from a User by the Operator/representative of the Company at the time of undertaking the Trip facilitated through the payment methods provided herein. In case the User makes Booking through the Authorised Channels, the communication and transaction between the Authorised Channels and the User is a separate and independent transaction between the User and the Authorised Channel except for the availing of the Transportation Services of the Third Party Operators. However, the User agrees the even in case of Bookings made through the Authorised Channels, the User has to comply with the obligations contained herein with regards to the use of the Services and/or availing the Transportation Services. AfriKonekta takes no liability for any promises and representations made to the User by an Authorised Channels.
2.3.6 The Service allows you to make a Booking through the Platform or thorough the Authorised Channels for the purposes of obtaining, arranging, scheduling or availing Transportation Services offered by Third Party Operator listed with the Company. The Third-Party Operator shall, subject to availability of seats on the Bus confirm each request for the availing and provision of Transportation Service through the Platform. The Company, in respect of every Bookings, notifies the User and provides information regarding the details of the Bus, Bus registration number, pick-up points, drop off point, schedule and timings, telephone contact details of the Third Party Operators personnel responsible for customer support and such other details as the Company may determine. The User acknowledges and agrees that the Company reserves the right to remove/modify/alter existing routes/pick-up points/drop- off points and the timings of the Transportation Services as well as the fee/charges for the Services, from time to time, without any prior notice to You. Upon receipt of instruction from the Third Party Operators, the Company reserves the right to remove / modify / alter existing routes / pick-up points / drop-off points and the timings of the Transportation Services as well as the fee / charges for the Services, from time to time, without any prior notice to the User. It shall be the sole responsibility of the User to verify these details prior to availing the Services/Transportation Services. The Company shall not be held responsible for any inconvenience caused to the User due to the changes stipulated in this clause.
2.3.7 By using the Platform or availing the Service provided by AfriKonekta through the Platform or thorough the Authorised Channels, the User further agrees that:
(a) The User will only use and access the Platform and avail the Services/Transportation Services for his/her sole, personal use and will not for commercial purposes to resell or assign it to a third-party.
(b) The User will not use an account that is subject to any rights of a person other than the User without appropriate authorization;
(c) The User will not use the Bus while availing the Transportation Services for unlawful purposes or carry any materials equipment or material that is prohibited under the Applicable Law or the use of which can be used for any illegal purposes/activities;
(d) The User will not try to harm the driver or the co-passengers on the Bus during an ongoing Trip or in any way whatsoever or cause any damage to the Bus(es) or any harm to the driver or any staff present on the Bus;
(e) The User will provide the Company, Authorised Channels and the Third-Party Operator with such information and documents which they may reasonably request;
(f) The User is aware that when requesting Services or in relation to availing the Transportation Services, whether by message, via Platform/Authorised Channel or calling the call centre of AfriKonekta, standard messaging charges, data charges, voice charges, as applicable, for the User and/or User’s phone network service providers, will apply;
(g) The User will comply with all Applicable Law from the User’s country of domicile and residence and the country, state and/or city in which the User is present while using the Platform or Service;
(h) The User is aware of and shall comply with the legislation and the rules, regulations and guidelines notified by the country of domicile;
(i) The User will not, in his/her use of the Bus and availing the Transportation Services, cause nuisance, annoyance, inconvenience, or property damage, to the Bus(es), Third Party Operators or any third party.
8.8 The User may be asked to provide proof of identity to gain access to the Buses, and the User agrees that the User may be denied access to Buses if you refuse to provide or provides a false/no proof of identity.
2.3.8 The User agrees and accepts that the use of the Platform or availing the Services/Transportation Services is at the sole risk of the User, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied in respect thereof.
2.3.9 The User is strictly prohibited from doing the following acts including without limitation:
Smoking, drinking and/or using any kind of intoxicants in the Bus; littering the Bus; misbehaving with the driver, staff or co-passengers; misbehave, hurt, torture, extort, assaulting or undertaking or participating in any untoward incident or harass the driver, staff or co-passengers in any manner; tearing off any advertisement(s) material or promotional material placed in the Bus; disturb or distract the driver while driving; make unnecessary noises and cause inconvenience to the driver, staff and co- passengers;Any kind of altercation or verbal spat with co-passengers, drivers and staff of the Bus; jump out of the Bus; Soiling or damaging the seats and/or any other interiors of the Bus; misusing, soiling or damaging any of the devices (technical/non-technical) in the Bus; asking the driver to break any traffic/city police and/or Applicable Laws for any purpose (especially reaching the destination earlier); abuse the driver or the co-passengers in any manner; doing acts which may harm the interiors of the Bus, causing fire in the Bus or doing any act in violation of the Applicable Laws; boarding the Bus if the User has symptoms of Covid-19 or has sufficient reason to believe that he/she may be infected with Covid-19
2.3.10 Upon occurrence/ threat of occurrence of the aforesaid events, the driver/ conductor has the right to refuse the pick-up or ask the User to alight the Bus forthwith and the Company shall have the right to terminate or suspend the provision of the Transportation Services to the defaulting User and/or block the User accessing, either permanently or temporarily, the Platform and/or claim indemnities for the damage/loss caused, directly or indirectly, to the Company and the Third Party Operators. The information provided by the driver, conductor and other staff of the Bus or a representative of the Company or the Third Party Operator, present inside the Bus to the Company with regard to the occurrence of any of such events specified above shall be conclusive evidence for the Company to take the afforested action by it against the defaulting User.
2.3.11 In addition, the event the User is found to be involved in the activities as set out above, the User shall also be liable to pay a fine to the Company. In the event User fails to pay fine after the completion of the Trip or during the Trip, we may at our discretion, take such steps as may be available to us under Applicable Law for recovery of the same and any other damage, liability, cost and expenses that may be incurred by the Company and/or Third Party Operator arising out of/or in relation to the illegal or unauthorised use of Services, Bus or Transportation Services or any act and omission on the part of the User in complying the terms herein. The User shall also be blacklisted as a result of engaging in or aiding aforementioned acts, as the case may be.
2.4. Access to Platforms
We will do our utmost to ensure that availability of the website and app will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or app may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
2.5. Licence for website access
Subject to your compliance with these Conditions of Use, AfriKonekta Mobility Oy grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AfriKonekta and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
The platforms or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of AfriKonekta.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AfriKonekta and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Platforms' or its affiliates' names or trademarks without the express written consent of Platform and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by AfriKonekta Mobility Oy.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome Page of AfriKonekta as long as the link does not portray AfriKonekta Platforms, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AfriKonekta logo or other proprietary graphic or trademark as part of the link without express written consent of AfriKonekta Mobility Oy and / or its affiliates, as may be applicable.
3) Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not AfriKonekta, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
For fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of host country or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam to cause annoyance, inconvenience or needless anxiety.
4) Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. AfriKonekta reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of AfriKonekta violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
(a) Grant AfriKonekta and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) AfriKonekta and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to AfriKonekta Mobility Oy, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Platforms: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Platform’s policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify AfriKonekta Mobility Oy and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
5) Copyright, authors' rights, and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AfriKonekta Mobility Oy, its affiliates or its content suppliers and is protected under laws of Intellectual Property Rights in Finland. The compilation of all content on this website is the exclusive property of AfriKonekta Mobility Oy and is protected under the laws of land. All software used on this website is the property of AfriKonekta and is protected under laws of Intellectual Property Rights in Finland.
You may not systematically extract/ or re-utilise parts of the contents of the website without AfriKonekta’s written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without AfriKonekta Mobility Oy and / or its affiliates’ (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without AfriKonekta and / or its affiliates’ (as may be applicable) express written consent.
6) Intellectual Property Claims
AfriKonekta Mobility Oy and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.
AFRIKONEKTA LOGO, AFRIKONEKTA.COM and AFRIKONEKTA MOBILITY OY and other marks indicated on our website are trademarks or registered trademarks of AfriKonekta Mobility Oy. Platforms’ graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of AfriKonekta. Platforms’ trademarks and trade dress may not be used in connection with any product or service that is not AfriKonekta, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AfriKonekta. All other trademarks not owned by AfriKonekta that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by AfriKonekta Mobility Oy.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers/service providers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products or service providers and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. However, any issues faced by the user in connection with the use of the AfriKonekta service will be tried to be resolved by AfriKonekta.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products or services listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products/services), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products or service sold through or displayed on the website vest with AfriKonekta nor shall AfriKonekta have any obligations or liabilities in respect of any transactions on the website.
Any claim of deficiency in service arising under the Consumer Protection Act, or any other claim or right to sue arising under any other civil or criminal law shall lie only against the seller or service provider and not against AfriKonekta or any of its affiliates, which are only an intermediary.
9) Indemnity and Release
AfriKonekta does not assume any liability with respect to the availability, quantity, quality, punctuality, warranty or cancellation of any product or service purchased by a User, which shall rest solely with the Service Provider. AfriKonekta shall not be responsible for any incidental, indirect, special, or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any service offered by AfriKonekta, whether such liability arises in tort, contracts, breach of warranty or otherwise.
You shall indemnify and hold harmless AfriKonekta, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release AfriKonekta and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors/ service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
10) Bus Ticket Bookings
User agrees and understands that AfriKonekta is only a bus ticketing intermediary and does not own/operate bus services of its own. In order to provide a comprehensive choice of bus operators, departure times and prices to customers; AfriKonekta has tied up with different bus aggregators on a Principal to Principal basis (“Service Providers”).
User agrees and understands that AfriKonekta does not assume any liability with respect to the quality, punctuality, amenities, safety or cancellation of any bus related service which shall rest solely with the Bus Operator. AfriKonekta shall also not be liable for any act of theft, lost or stolen luggage/belongings of the User/Passenger while using the bus service. AfriKonekta shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/Passenger out of use of any service offered by AfriKonekta whether such liability arises in tort, contracts, breach of warranty or otherwise.
Use of AfriKonekta is available only to persons who can form a legally binding contract. If you are a minor i.e. under the age of 18 years, you may use AfriKonekta only with the involvement of a parent or guardian.
The User needs to compulsorily obtain a bus ticket at the regular fare for the child above 5(Five) years. Children below 5(five) years of age are exempted from the fare.
12) Other Businesses
Third Parties may also offer goods and services on AfriKonekta by way of advertisements, notifications, pop-up badges, links etc. AfriKonekta is not responsible for examining or evaluating the same, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. AfriKonekta Mobility Oy does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties.
When you visit Paltforms or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by E-mail, SMS, chat, phone call or by posting notices/notifications on the website or app or by any other mode of communication. By using the services of Platforms, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website. If you do not wish to receive any promotional or commercial communication from us, please get in touch with us at https://www.afrikonekta.com/privacy/user/sms-unsub to unsubscribe your number and or / email.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss arising out of your use of any goods or service purchased from a third party.
15) AfriKonekta Wallet
AfriKonekta Wallet is a convenient online account to store your cancellation and refund amounts along with any promotional offers. There is no cash load facility for the wallet and a User can only receive cancellation and refund amounts in it. The User has an option to transfer this amount out of the AfriKonekta wallet by way of ‘back to source’ refund. The amount in the AfriKonekta wallet does not expire and you can use this amount to make any other purchase on the AfriKonekta platform only.
16) Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use/Sale at any time. You will be subject to the policies and Conditions of Use/Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
17) Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. We cannot be held responsible for Force Majeure events.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies at any stage and there is no waiver of our rights and remedies.
19) Governing law, and Jurisdiction
These Terms & conditions are governed by and construed in accordance with the laws of Finland and country of operation. All disputes arising out of, or in connection with the Agreement would be subject to the exclusive jurisdiction of the Finnish/Tanzanian Courts.
20) Use of Platform’s Software
You may use Platform’s Software solely for purposes of enabling you to use and enjoy the Platform Services as provided by Platform, and as permitted by the Conditions of Use, these Platform Software Terms and any Terms. You may not incorporate any portion of the Platform Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Platform Software or otherwise assign any rights to the Platform Software in whole or in part. You may not use the Platform Software for any illegal purpose. We may cease providing any Platform Software and we may terminate your right to use any Platform Software at any time. Your rights to use the Platform Software will automatically terminate without notice from us if you fail to comply with any of these Platform Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Platform Software that are specifically identified in related documentation may apply to that Platform Software (or software incorporated with the Platform Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All softwares used in any Platform Services are the property of Platform and/or its affiliates or its software suppliers and protected by laws of Finland including but not limited to any other applicable copyright laws.
21) Use of Third Party Services
22) No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Platform Software, whether in whole or in part, or create any derivative works from or of the Platform Software.
In order to keep the Platform Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
24) Cancellation Policy
24.1 The User hereby agrees and acknowledges that the User may cancel Booking request for a Trip through the Platform, at any point of time subject to a Cancellation Fee charged by AfriKonekta and in accordance with the cancellation and refund policy of the Company as made available on the Platform.
24.2 For the purpose of Bookings requested and/or completed on the Platform or through the Authorised Channels, the Users may request for cancellation of the Bookings directly on the Platform through the call centres at AfriKonekta or through the Authorised Channels who had made such Booking on behalf of the User, in accordance with the cancellation and refund policy and subject to deduction of the Cancellation Fee. The Users agrees that in respect of any Booking which have been made through the Authorised Channels, it is the responsibility of the customer/User to (i) make himself/herself aware of the cancellation and refund policy of AfriKonekta which is available to all users who access the Platform; and (ii) inquire about the cancellation and refund policy of AfriKonekta from the Authorised Channels who a user had engaged for making Booking on behalf of such User/customer. The User hereby waives and releases AfriKonekta from and against any claim that may be made by the customer/User on account of loss, cost and expenses suffered or incurred arising out of or in connection with Cancellation Fee and cancellation and refund policy of AfriKonekta, whether or not the User/customer has perused the same at the time of making Booking or placing Booking request.
24.3 In addition to the cancellation and refund policy made available on the Platform which can be accessed by any User/customer who visits the Platform, the User is also intimated of the applicable terms of cancellation, refund, and Cancellation Fee at the time when the Booking is being made or cancelled.
24.4 There could be exceptional circumstances beyond the control of the Company and the Third-Party Operators such as Force Majeure Events because of the occurrence of which the Third-Party Operators may be unable to honor the confirmed Bookings. If AfriKonekta is informed in advance of such situations where dishonor of Bookings may happen, it will make its best efforts to provide alternative to its User or refund the Booking Price after reasonable service charges, if supported and refunded by that respective Third-Party Operator. The User agrees that AfriKonektabeing a facilitator for provision of the Platform for enabling a User to make Bookings for availing the Transportation Services offered by Third Party Operator shall not be responsible for any such circumstances and cancellations. The maximum liability of AfriKonekta in such events will be to refund the Booking Price amount subject to receipt from the same from the Third-Party Operators.
24.5 In the event that the User fails to board the Bus from the pick-up point, or any other point as specified in the Ticket for any reason whatsoever, including, inter alia, a delay on his/her part, AfriKonekta would not be held liable to refund the Booking Price for the same.
24.6 AfriKonekta shall provide a receipt of the Cancellation Fee, if any, payable by the User for every cancellation in terms of the clauses above for such cancellations. The User may raise a request for a copy of the invoices regarding such cancellation from the support page on the Platform. The Cancellation Fee shall be due and payable by the User at the time of cancellation and shall be recovered from the Booking Price paid by the User in respect of such Ticket.
24.7 AfriKonekta will not entertain any change in the details or route for which the Ticket has been Booked, at the request of the User after Booking. However, AfriKonekta may, in its sole discretion and subject to availability, provide changes in the Ticket details or routes subject to User paying additional/alteration charges levied and payable in respect of such change/cancellation.
25) Cancellation Fee/Refund:
If the cancellation is done later than 12hrs before station departure time
0 % Refund
Between 12 Hrs to 24 Hrs from the station departure time
20 % Refund
Between 24 hours to 72 hours before station departure time
Earlier than 72 hours before the station departure time
100 % Refund
NB: The said policy is applicable on tickets booked on afrikonekta.com (web), the Afrikonekta app and our partner agents only. Please also note that our partner operators may have different policies.
25.1 For tickets booked from any other channel or OTC partner, the cancellation policy as mentioned by the channel/OTC partner will be applicable.
25.2 Processing of Refunds
Upon acceptance of a cancellation request or if the User is of the view that he/she has been wrongly charged in respect of any particular Booking for an amount in excess of the Booking Price and provided such excess amount has not been charged/debited for reasons attributable to the Payment Facilitator, then the User shall may raise a refund request on the Platform, or thorough the Authorised Channels or through the support team of the Company, in accordance with the cancellation and refund policy of the Company. Where the Company determines that a refund request is valid, the refund amount of the Booking Price after and subject to the deceptions of the Cancellation Fee, shall be credited back to the User’s wallet or bank accounts through which the payment was made or to the Authorised Channel through which the Booking was made. The User expressly agrees and acknowledges that in case the Booking had been made by a customer/User through an Authorised Channels, the refunds (if any) will be made to the User through the Authorised Channel who had made the Booking on behalf of the User/customer and the User agrees that it will be the sole responsibility of the Authorised Channel to refund the amounts in respect of the cancelled Booking to the User. The User hereby disclaims, waives and releases the Company from and against any claim, liability, loss or damage that may be suffered or incurred by the User on account of Users inability to collect and recover such amount from the Authorised Channel and/or Authorised Channel’s failure to release the refund amount to the User.
25.3 In the event that the User has paid an amount in excess of the Booking Price or an amount has been deducted from the debit/credit card, net banking, wallet etc. for reasons attributable to the Payment Facilitator or for lack of User authorization, the User agrees that refund of such amount any claims relating thereto shall be between the User, Payment Facilitator and the bank and the Users hereby expressly releases the Company from any loss, claims, damages in respect of the same. However, even in such a scenario, the User shall be required to email [email protected] or contact AfriKonekta on customer care and make a refund request to be placed by AfriKonekta on behalf of the Customer to the Payment Facilitator and the bank clearly explaining the circumstances of such User’s refund request. The Company will make reasonable efforts to respond to and intimate the bank or the Payment Facilitator of such refund request at the earliest. Please note that AfriKonekta will not be responsible for non- acceptance or delays which may be caused by any third parties such as banks or Payment Facilitators, who are responsible for facilitating such refund request of the User.
25.4 Refund processing timeline
Amount will be refunded in the source account within 5-7 business days.