Section 1 – Introduction
These Terms of Service (“Terms of Service”) oversee the access or use by you of applications, websites, content, product, and services of DC MicroTransit (“Services”), made accessible by Transco. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your consent to be bound by these Terms of Service, which establish a contractual relationship between you and DC MicroTransit. If you don’t consent to these Terms of Service, you may not access or use the Services. DC MicroTransit may amend these Terms of Service occasionally. Amendments will be effective upon DC MicroTransit’s posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
Section 2 – The Services
The Services comprise an innovation stage that empowers clients of the DC MicroTransit versatile application (the “Application”) to, in addition to other things, demand, timetable, and pay for rides through the DC MicroTransit program. Except if generally concurred by DC MicroTransit in a different composed concurrence with you, the Services are made accessible exclusively for your own, noncommercial use.
The Service is currently being offered as a pilot, and as such is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the Service’s limited capacity during the pilot and our anticipation of demand for the Service and have no discriminatory rationale or intention.
Section 3 – Eligibility to Use the Service
By using the DC MicroTransit application, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at firstname.lastname@example.org.
Section 4 – Your Account and Log-In Credentials
To utilize the Service, you may need to sign in by giving a username, secret key, and mobile phone number. Your record is close to home to you, and you may not impart your record data to, or enable access to your record by, any outsider. As you will be in charge of all action that happens under your entrance accreditations (counting, without constraint, the conduct of whatever other individuals that movement in your gathering), you agree to use reasonable efforts to avert prevent unauthorized access to or utilization of the Service and to preserve the confidentiality of your username and password, and any device that you use to get to the Service.
You are responsible for your sign in credentials and for keeping your data accurate.
You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you give to upon use of the Service and at all other times will be true, accurate, current, and complete.
You consent to notify us immediately of any break in secrecy of your sign in data. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify us by email to email@example.com. You will be solely responsible for the losses by the District and others because of any unapproved use of your account.
If you choose to set up your Account to electronically pay, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. You grant Transco the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into Micro transit’s security systems or MicroTransit’s contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. MicroTransit is not responsible for any data obtained by third parties in an unauthorized manner.
Section 5 – License
Subject to your compliance with these Terms of Service, MicroTransit grants you a constrained, non-selective, non-sublicensable, revocable, non-transferrable permit to: limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Transco and Transco’s licensors.
Although MicroTransit strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
Section 6 – Code of Conduct
- Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure.
Section 7 – Additional Travelers
7.1 If you book a ride and multiple people are travelling in your party, you, as the holder of the account associated with the booking, are responsible for the conduct of everybody travelling in your party.
7.2 When making a booking, you must indicate the number of people travelling in your party. If you do not, we reserve the right to refuse service to additional travelers.
Section 8 – Payment Details
8.1. Transco charges a fee for use of the Services. The Fee will be as shown to you on the App prior to booking your Journey. You will be charged when your ride is complete. All Fees are non-refundable. Fees are exclusive of taxes and other government surcharges. Fees may vary depending on time and day of travel and other factors. All Fees are subject to change.
8.2. Fees will be charged to the credit or debit card, the details of which are provided by you to us via the App. The credit or debit card is used to buy credit bundles. Each time you book a ride, the cost of the journey is deducted from your remaining credit. If you have less credit remaining than a full journey fare, we deduct any remaining credit and charge the rest of the fare directly to your card on file.
8.3. The MicroTransit Pass is activated at the time you take your first ride, not at the time of purchase. Each individually purchased MicroTransit Pass is limited to a single user, account and device (i.e., multiple people cannot share a single MicroTransit Pass). A MicroTransit Pass holder may book journeys for his or her +1’s, though additional fees apply. A MicroTransit Pass holder is able to take up to four journeys per day during these hours from the point of activation until close of operation on the 7th day following activation if they have purchased the Weekly Pass or 30th day have purchased the Monthly Pass. The MicroTransit Pass cannot be combined with other offers or promotions. Charges for additional passengers, and cancellations and no-show fees will apply as set out. Transco reserves the right to cancel this offer or modify its terms at any time. Transco does not guarantee availability of rides.
8.4. If you cancel a booking made via the App, we may charge you a fee if you do not cancel within 60 seconds of accepting the booking. This fee will be $2.00.
8.5. We will not charge you a cancellation fee if we cancel a booking made by the App.
8.6. Repeated cancellations by you may result in the suspension of your account, at Transco’s sole discretion.
8.7. If you are not present at the time and place designated in your booking, we may charge you a Fee, calculated as follows:
You will be charged the full price of your ride if you are not present 60 seconds after the driver arrives to pick you up. You will be sent a reminder SMS with a number to contact the driver when he/she arrives and if you do not contact them, the vehicle will leave after 60 seconds and you will be charged the full price of the ride.
8.8. Repeated “no-show” instances may result in the suspension of your account, at Transco’s sole discretion.
8.9. MicroTransit Credits and Promotional Codes. You may purchase credit (“MicroTransit Credit”) towards future rides. Purchases of MicroTransit Credit are non-refundable and may only be used with the App. MicroTransit may offer promotional codes with varying features and rates that are redeemable for MicroTransit Credit. Any such promotional code is valid until its stated expiration date.
8.10. The intended purpose of MicroTransit referral codes is to be shared with friends, family, and on personal social media networks only with individuals known personally to the referring rider. Posting referral codes on commercial websites, or coupon aggregator websites is strictly prohibited and will result in referral credit being revoked at Transco’s discretion.
8.11. Using a MicroTransit referral code to refer new accounts created by the same individual is also strictly prohibited and will result in referral credit being revoked at Transco’s discretion.
8.12. In addition, Transco reserves the right to revoke any referral credit obtained for referrals of fraudulent accounts (including accounts set up with false personal or payment information), as determined by the MicroTransit system.
8.13. MicroTransit reserves the right to change any codes which it determines have been compromised and issue a replacement code.
Section 9 – Consent to Receive Emails and Text Messages
By making an Account, you agree that the Services may send you informational emails and text (SMS) messages as a major aspect of the ordinary business task of your utilization of the Services. You may quit getting messages and text (SMS) messages from MicroTransit whenever. You recognize that opting out or receiving emails or text (SMS) messages may affect your use of the Services.
Section 10 – Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. MicroTransit does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Section 11 – Disclaimer
THE SERVICES ARE PROVIDED “AS Seems to be” AND “AS AVAILABLE.” MICROTRANSIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MICRO TRANSIT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Section 12 – Limitation of Liability
MICROTRANSIT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MICRO TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MICRO TRANSIT SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS’ SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF MICRO TRANSIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MICRO TRANSIT SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MICRO TRANSIT’S REASONABLE CONTROL. IN NO EVENT SHALL MICRO TRANSIT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
Section 13 – Indemnity
You agree to indemnify and hold Transco and its officers, directors, employees, and operators harmless from all claims, demands, losses, liabilities, and expenses (counting attorney expenses), emerging out of or in connection with: (I) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party, all without, however, waiving any governmental immunity available to Transco under District of Columbia law.
Section 14 – Termination
These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that MicroTransit may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
Section 15 – Choice of Law
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be represented by, and understood and deciphered as per, the laws of District of Columbia, barring its principles of contentions of law.
Section 16 – General
You may not assign these Terms of Service without Transco’s prior approval. Any purported violation of this section will be voided. No joint venture, partnership, employment, or agency relationship exists between you and Transco as a result of this agreement or use of the Services If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced to the fullest extent under law. Transco’s failure to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Transco in writing.