Terms of Service

This Terms and Conditions presents the "General Conditions" applicable to the use of services offered by Magiya.lk (Hereinafter Sometimes referred to as “Magiya.lk” or “Website”) which was developed and is operated by Zuse Technologies (Private) Limited a company duly incorporated under companies act No. 07 of 2007 (bearing registration No. PV 00245539) having It’s registered office at  No. 10, Raymond Road, Nugegoda in the Democratic Socialist Republic of Sri Lanka (Hereinafter sometimes referred to as “we”,” us”, “our” or “Zuse”).
Please read these terms & conditions carefully before using the magiya.lk.
Your access to and use of Magiya.lk via a desktop, laptop, mobile device and/or any other device capable of connecting to the internet is subject exclusively to these terms and conditions.  
(The term "you" refers to the customer visiting Magiya.lk and/or booking a reservation through us on Magiya.lk either individually or on behalf of any entity whom he/she is representing)
Accessing the website, making a reservation, utilizing the transport services, or otherwise signifying your acceptance of this terms, you acknowledge and agree that (a) you are authorized to enter into these terms for and on behalf of yourself and, if applicable, your organization, and are doing so, (b) you have read and understand and agree that you and your organization shall be bound by the terms, conditions and disclaimers herein contained.
In the case that any matter not stipulated in these terms arises, ordinary or generally established practice shall be applied.  
We, reserve the right, in our sole discretion, to modify or amend any part of these terms and conditions at any time without prior notice. Any revised terms and conditions will be posted on Magiya.lk and will come into effect immediately. Your continued use of Magiya.lk is conditioned upon acceptance of the updated terms and conditions.
If you disagree with any part of these terms, please do not use Magiya.lk.

01)Introduction

Magiya.lk is provided solely to assist customers in gathering travel information, determining the availability of transport-related products and services, making legitimate reservations or otherwise transacting with public transport service providers, and for no other purposes. We or Magiya.lk do not own and or directly operate transport services. Magiya.lk operates as an intermediary and through our website merely provide an online platform in which you may engage and pay for the services of the public transport services (hereinafter sometimes referred to as The “Transport Services”) operated by independent third-party transport service providers (hereinafter sometimes referred to as The “Third Party Service Providers”) who are directly responsible for providing transport services to you.
02)Warranties, Disclaimers and Limitation of Liability
Magiya.lk is  provided on an “AS IS” and “AS AVAILABLE” basis and without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, compatibility, security and accuracy.
In addition, We do not provide any warranty or undertaking, and makes no representation of any kind, whether express, implied, statutory or otherwise, that with respect to the reliability, timeliness, suitability or availability of the transport  services that are provided by the Third Party Service Providers or their employees, or that the services will be uninterrupted, error-free, will meet your requirements or achieve any intended results.
We use reasonable commercial efforts to ensure that buses listed in Magiya.lk by the Third Party Service Providers are (i) Duly possessing valid route permits issued by National Transport Commission (NTC) or any Provincial Road Passenger’s Transport Authority  and (ii) qualified and able to provide the Transport Services However, we shall not be responsible, and shall have no liability for any failure of the third party service providers, Last minute cancellations by the third party service providers, Inappropriate or abusive behaviors of the employees of such transport services.

We, shall also not be responsible for (I) thefts, robberies, injuries, mischiefs, insults, or  any other unlawful or unethical acts which may be committed or occurred to you during your travel or (II) any willful or deliberate act, omission or negligence by  the third party service providers, their’ employees or any other party which directly or indirectly caused to a loss,  damage, (including without limitation loss of business, opportunity, data, profits)  insult or  humiliation or any kind of uneasiness to you during the provision of  transport services.

Neither we nor the third party service provider shall be liable for any delay or failure in  performance of any of the acts required by these terms, when such delay or failure arises from circumstances beyond the control and without the fault or negligence of such party (“force majeure”). Such causes may include, without limitation, traffic, mechanical breakdowns, road conditions, acts of local, state or national governments or public agencies, acts of public enemies, acts of civil or military authority, labor disputes, utility or communication failures or delays, earthquakes, tidal waves, tsunamis, fire, flood, other natural disasters, epidemics, protests,  riots or strikes.
We also makes no warranty that the functionality of the Magiya.lk will be uninterrupted or error-free.  

We reserve the sole right to either modify of discontinue the website, including any of its features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on Magiya.lk shall also be subject to this terms and conditions.

03)Use of Magiya.lk

As a condition of your use of Magiya.lk, you warrant that:   

    (i)You possess the legal authority to create a binding legal obligation and enter into these Terms of use
    (ii)You will use Magiya.lk in accordance with this terms of use,
    (iii)You  will use Magiya.lk and transport service provided by third party service provides for your own free will and untrammeled choice,
    (iv)You will not use Magiya.lk for any purpose that is unlawful or prohibited by these terms and conditions,
    (v)You will comply with all applicable laws,
    (vi)You will use this website to make only legitimate reservations for you or for another person for whom you are legally authorized to act,
    (vii)You will inform such other persons about the terms of use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
    (viii)That  the information you provide to the Magiya.lk is accurate and complete,
    (ix)You will be solely responsible for the Information provided and in case of any error or mistake in provision of information, We will not be liable for the same,
    (x)We retain the right in our sole discretion to deny access to anyone to Magiya.lk and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these terms of use.

You will treat the third-party providers introduced to you through Magiya.lk with respect and not to cause damage to their vehicle or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their vehicle or the Service;

You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

04)Security and Password

If you have an online account with Magiya.lk, you will be solely responsible for maintaining the confidentiality of your login details – login ID and password and you shall supervise the same. You will be completely responsible for any use or misuse of your account by you or by any other person. Sharing or Transferring of your login details – login ID and password with third parties is strictly prohibited and we reserve the right to immediately terminate your account if you do transfer or share your login details.

05)The Information and Risks of the Service

You acknowledge and declare that you are aware of all the risks involved in the use of the Magiya.lk and contracting services, pledging to reasonably take care as expected of someone who chooses a transport service to transport himself.
You acknowledge and agrees that we or Magiya.lk performs no transport service selection, simply registering on Magiya.lk to participate does not vouch for its suitability.
You further acknowledge that the data provided by the Third Party Service Provider, through “Magiya.lk” such as: (i) Vehicle model, (ii) Registration Number   of the vehicle, (iii) Make, (iv) Departure and Arrival times (V) Availability of facilities such as Air-conditioning, Water filters, Wi-Fi, USB Charges, or Televisions are provided by the third party service providers by themselves and not verified by us.  By accepting the Services, You acknowledge that we or Magiya.lk have no involvement in the contractual relationship between you and the transport service provider.

06)General Terms and Conditions

    a.Reservation Procedures

        i.In order to avail the services of the Magiya.lk, You shall be initially required to  log-in through the mobile application or  official website of the Magiya by entering user credentials.

        ii.Request for Booking shall be made at least ---------- prior to the expected travel date

        iii.Details of the Vehicles, Travel Dates, Tentative Departure and Arrival Times, Available Seats, Boarding Points and Ticket Prices are available at Magiya.lk for your perusal.

        iv.After Perusal of the details provided by transport service providers, through Magiya.lk, you may select a Vehicle, Seat, Departure date and  time, Starting Point and  End point through Magiya.lk


        v.Full payment shall be made to Magiya.lk during the booking. Such total booking amount includes the ticket price, applicable taxes as may be applicable as per local laws, and any additional booking fee, reservation charges,  service fee or convenience fee charged by Magiya.lk.

        vi.Once the booking is confirmed, an E-ticket will be sent to your email address. All E-tickets issued shall be non- transferrable.

        vii.The arrival and departure times mentioned on the ticket are only tentative timings.

        viii.By making a reservation through Magiya.lk, you enter into a direct (legally binding) contractual relationship with the third party service provider at which you book.

        ix.Users are advised to call respective third party service provider to find out the exact boarding point, or any information which you may need for the purpose of boarding or travel in that trip.

        x.Passengers are required to furnish the following at the time of boarding the bus:

            1.A copy of the ticket (A print out of the ticket or the print out of the ticket e-mail).

            2.Identity proof (National ID card, Driving license, Student ID card, Company ID card, Passport or etc…).

            Failing to do so,  you would  not be allowed to board the bus.

    b.Cancellation Policy and Refund Policy

        i.Bookings can only be cancelled through the website. Offline cancellations are not permitted. Once the cancellation is confirmed, the particular booking record will be removed from your booking history and the cancellation is irreversible.

        ii.Reservation charges, service fee or convenience fee which may be charged by Magiya.lk, will not be refunded in the event of cancellation. The amount that will be refunded, will be based on the refundable amount that is stated in the booking details and the maximum is capped at the payable amount for the ticket price.

        iii.All refunds will be refunded back via the payment method selected during the booking, or via refund voucher which can be used to make another booking on Magiya.lk website and apps.

        iv.No refund will be given, unless the cancellation of booking is  done at least Forty Eight (48) hours prior to the departure date.
    

    c.Rescheduling of Tickets

        i.Rescheduling (i.e. change of date of travel) of the tickets can be done through the Magiya.lk website or mobile application, or by reaching out to the customer support team;

        ii.Rescheduling is an option provided only by selected third party service providers.

        iii.Rescheduling a ticket is subject to charges as mentioned on the e-ticket. Fare difference, if applicable, shall be borne by You. However, if the fare of the rescheduled ticket is lower than the current fare, the fare difference shall not be refunded.

        iv.Rescheduling a ticket can be availed only once per booking.

        v.Rescheduled tickets are also non-transferrable and the originally booked customers are to travel upon such rescheduling.

07)Communication Policy

By accepting the terms and conditions you accept that Magiya.lk may send the alerts to the mobile phone number provided by you, while doing booking or to any such number replaced and informed by you.

However, you acknowledge that the SMS service provided by Magiya.lk is an additional facility provided for your convenience and that it may be susceptible to error, omission and/ or inaccuracy. We shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever. You shall not  hold us liable either for non-availability of the service in any manner whatsoever or any loss, damage, claim, expense including legal cost that may be incurred/ suffered by you on account of the SMS facility.

08)Grievance Policy:

We strongly believes in a sincere and transparent approach to user of Magiya.lk. This terms aim at minimizing instances of customer complaints, grievances and disappointments via channelized approach, and review.
You can file a grievance if you are disappointed with the services rendered by Magiya.lk through an email.
Grievances related to the bus journey should also be reported to Magiya.lk within 07 days of your travel date.
09)Privacy policy

When you use Magiya.lk, we may collect personal information about you, including your personal details, credit card or payment details, URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address. In general, we only collect information which is necessary for us to provide our services to you or to maintain our relationship with you.

You can access the Magiya.lk without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the website. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclosed on the website in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this privacy policy.

If you choose to post reviews and tips about vehicles or post messages or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

Your personal information will not be shared by us with any person or organization, except Third Party Service Providers, companies, organizations or individuals outside of Magiya.lk if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (I) provide our services to you (II) enforce applicable terms of use, including investigation of potential violations, (III) protect, prevent or otherwise address, security or technical issues found or  (IV) Protect against harm to the rights of us or our users or public as required or permitted by law.

Once your information is in our possession, we adhere to strict security guidelines, protecting it against unauthorized access.

You can contact us via email or telephone, if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection laws or to make a complaint.


10)Links to Third Party Websites

Magiya.lk Mobile Application or Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement by Magiya.lk of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.

11)Virus warning:

Magiya.lk does not represent that Magiya.lk, any information obtained from or through Magiya.lk or the server that makes Magiya.lk available are free from computer viruses or anything else which may be harmful or destructive. It is your responsibility to scan for computer viruses. We  will not be liable to you or to any other person for any loss or damage whether direct, indirect, consequential or economic, however, caused and whether by negligence or otherwise, which may result directly or indirectly from any such computer virus or anything else which may be harmful or destructive.

12)Copyright
All copyright, trademarks and all other intellectual property rights in the Mobile Application of the Magiya.lk and Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Zuse Technologies (Pvt) Ltd or otherwise used by us as permitted by law. In accessing the Mobile Application of the Magiya.lk or Website you agree that you will access the content solely for your personal, non-commercial use and you will not do or cause to be done any act or thing that may impair any of Our Intellectual Property rights.

13)Governing Law, Arbitration

Except as otherwise set forth in these terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Sri Lanka, excluding its rules on conflicts of laws. In any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the services or these terms, including those relating to its validity, its construction or its enforceability, the parties hereto will use their best efforts to resolve amicably all disputes arising out of or in connection with this agreement. Hence a party shall first make a written complaint to the other party which will constitute condition precedence.

It is hereby agreed that in the event of failure to meet the procedure established in respect of the written complaint such parties will be considered as to vitiate the right to recourse to any laws.

Any dispute which cannot be settled under the complaint procedure set forth hereinabove in thirty (30) days after receipt by one party of the other party’s request to do so shall be submitted by either party to the arbitration.
 
14)Contact Us
If you have any questions regarding these Terms of Use, please contact us at;

Address -
Phone No -
Email –

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