Version 1.0 posted and effective as of March 1, 2022.
These Terms of Use (the “Terms”) are a legal contract between you and TransitFare & Systems Ltd (the “Company”, “We” or “Us”). For our Privacy Policy, please go here.
These Terms apply to UseTransit products (UseTransit is a Company brand), including the web site located at www.usetransit.com, UseTransit iOS App, UseTransit Android App, and UseTransit SMS (the “Products”). These Terms also apply to all materials, data, and other information available on these Products (the “Content”). By accessing and using any of the Products and the Content, you agree to be bound by these Terms. These Terms may change from time to time, and you agree to be bound by those terms and conditions in effect at each time you use the Products and/or access the Content.
PLEASE READ THIS DOCUMENT CAREFULLY, SINCE IT INCLUDES LIMITATIONS OF LIABILITY AS WELL AS DISCLAIMERS OF WARRANTIES, AND OTHER TERMS WHICH AFFECT YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THESE TERMS, DO NOT USE THE PRODUCTS AND/OR ACCESS THE CONTENT.
We may amend any part of these Terms by adding, deleting, or varying their content. These amendments may be made at any time at our sole discretion. We will provide you with notice of the proposed amendment by posting an amended version of these Terms to www.usetransit.com with a new version number 30 days prior to the amended version becoming effective. If you disagree with any amendments, you may terminate these Terms by uninstalling and/or ceasing to use the Products at any time during the 30-day period. If you do not uninstall and/or do not cease to continue using the Products after the 30-day period expires, then by your continued use, you are considered to have accepted the proposed amendments.
All intellectual property rights in the Products and Content are owned by the Company or others who have permitted us to display content owned by them. You may use the Products and access the Content for personal, non-commercial use provided that you do not modify the Products, the Content, or any copyright or other proprietary notices on any Products or Content. The Products and Content are protected by law, including but not limited to, Canadian copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved.
We do not endorse or guarantee the accuracy of content, information, or materials contained in any third party’s web site whose link appears in the Products. These links are provided for convenience only. TransitFare, the TransitFare logo, UseTransit and the UseTransit logo are trademarks of the Company.
The Company offers transit operators (“Transit Operators”) various technologies, including the Products, to simplify the general operations and services that Transit Operators provide. Some of the Products may be offered for you to use as a public user, using the UseTransit brand.
The functionality, accuracy, and reliability of the Products relies on many factors which are beyond the control of the Company, such as reliable and high-speed data connections between several computer systems, GPS, your device, transit data maintained by Transit Operators, third-party service providers, and traffic conditions. As a result, we cannot accept any responsibility for any issues or damages which might occur as a direct or indirect result of your use of the Products and/or reliance on the Content.
In order to access this website, you need access to a computing device, a supported browser, and an Internet connection. You may also need to create a UseTransit account. If you do so, you are responsible for maintaining the confidentiality of your UseTransit account. You further agree to accept all responsibility for actions and activities that occur using that account.
In order to access these applications, you need access to a computing device, supported browser, and an Internet connection. You may also need to create a UseTransit account. If you do so, you are responsible for maintaining the confidentiality of your UseTransit account. You further agree to accept all responsibility for actions and activities that occur using that account.
In order to access the UseTransit SMS service, you need access to a mobile device and a mobile communications subscription with a supported carrier.
UseTransit’s SMS functionality provides live and/or static schedule information for a specific bus stop when you send a valid request using SMS. To use this functionality, simply text the stop’s unique ID to 47711. Transit Operators will typically have the unique stop ID printed on the bus stop sign, printed maps and/or virtual maps of the transit network. The UseTransit SMS service will reply to your request an SMS message with the live and/or static schedule information for that specific bus stop along with other pertinent information for that stop and/or route(s) that services that stop. If the stop ID you send is not recognized by our system, you will receive a reply stating that the stop ID is not recognized or other error. If the system cannot understand your text, it will reply with a Help SMS.
To obtain help you may:
1. Text HELP to obtain help on your mobile phone
2. Email us at: info@usetransit.com
3. Call us at 1-888-477-1103 M-F 9am-5pm for technical issues
You may terminate the UseTransit SMS service at any time by texting STOP.
Text alerts are delivered 1 message per inquiry.
YOUR CARRIER’S TEXT MESSAGING AND DATA RATES MAY APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH USING THE USETRANSIT SMS SERVICE. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM. Supported Carriers include AT&T, Verizon Wireless, T-mobile, MetroPCS, Sprint, Boost Mobile, Virgin Mobile, and US Cellular. The Wireless Carriers are not liable for delayed or undelivered messages. In addition, you must provide all equipment and software necessary to connect to this service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Products.
If any upgrade in or to the Products requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Products shall be subject to the terms and conditions of this Agreement.
When using the Products, you must not: (i) decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the Products; (ii) circumvent any limitations we place on your use of the Products; (iii) use or display the Products in such a way that allows derivation of information about the Products that was not intended to be made available to users; (iv) circumvent any security features or technological protection measures built into the Products; (v) automate access to the Products, including, without limitation, through the use of bots, scrapers or other similar devices; (vi) attempt to access the Products after having been banned by us.
The Products and Content are provided “as is” without warranty or condition of any kind. Use of the Products or the Content is at your own risk. We do not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Products and Content and do not assume any responsibility for issues or damages which might occur as a direct or indirect result of your use of our Products.
To the fullest extent permitted by the law, we disclaim all warranties, representations, and conditions of any kind with respect to the Products and Content whether express, implied or collateral, including, without limitation, implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that the Products and Content are or will be error-free or will operate without interruption. In no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for any damages or any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, loss of profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are advised of the possibility of such damages, resulting from the use of, or the inability to make use of, the Products and Content.
We do not guarantee any particular level of up-time or availability of the Products. The Products may become unavailable for many reasons, including scheduled and unscheduled maintenance by us.
You agree to defend, indemnify, and hold harmless the Company and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney’s fees, that arise from (i) use or misuse of the Products by you or any person to whom you have granted access to the Products, (ii) your violation of any of these Terms, or (iii) any other activity related to your account (including negligent or wrongful conduct). The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with the Company and its counsel in the conduct of such defense.
These Terms are governed exclusively by the domestic laws of Ontario and the federal laws of Canada applicable therein. The International Sale of Goods Act, RSO 1990, c I.10, does not apply to these Terms. Any litigation arising from or related to these Terms or the App or the Services shall be submitted to the exclusive jurisdiction of the courts of Ontario.
All disputes arising from or relating to these Terms, the Products or the Content shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any forum.
You may not assign any of your rights arising under these Terms without our written consent.
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.
We may terminate these Terms without cause and without prior notice if we choose to discontinue the Products, the Content, or both. You may terminate these Terms without cause at any time by uninstalling and/or ceasing to use the Products.
The terms and conditions contained in this Agreement, which by their sense and context, are intended to survive the expiration or termination this Agreement shall survive.
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Products and Content. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Products and Content.
You and us have agreed that these Terms and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue Anglaise.
For more information on how we collect, use, and disclose personal information, please see our privacy policy, accessible here: usetransit.com/privacy
General inquiries to us may be sent to the following address:
TransitFare & Systems Ltd
Unit 42
760 Birchmount Road
Toronto, ON M1K 5H8
Canada
info@transitfare.com
1 (888) 477-1103