Terms Of Use

These Terms of Use (the “Terms”) are a legal contract between you and TransitFare & Systems Ltd (“TransitFare”, “Company”, “We” or “Us”). 

These Terms apply to TransitFare products, including this web site (www.transitfare.com) and TF Cloud, UseTransit (www.usetransit.com), UseTransit iOS App, UseTransit Android App, UseTransit GTFS and UseTransit SMS (the “Products”). These Terms also apply to all materials, data, and other information available on the Products (the “Content”). By accessing and using any of the Products and/or 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.

Changes to these Terms

We may amend any part of these Terms by adding, deleting, or varying any content. These amendments may be made at any time at our sole discretion. A notice of the proposed amended version of these Terms will be posted to www.transitfare.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 deactivating your TF Cloud account and/or ceasing to use the Products and/or accessing at any time during the 30-day period. If you continue using the Products after the 30-day period expires, then by your continued use, you are considered to have accepted the amended version of these Terms.

Intellectual Property

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 the 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.

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 TF Cloud account and be bound by additional terms and conditions disclosed when creating a TF Cloud account. 

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 TF Cloud account and be bound by additional terms and conditions disclosed when creating a TF Cloud account. 

Products

The Company offers transit operators (“Transit Operators”) various technologies, including the Products, to simplify the general operations and services that Transit Operators provide. The Company may offer some of the Products for you to use as a public user.

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.

Access to www.transitfare.com

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 TF Cloud account and be bound by additional terms and conditions disclosed when creating a TF Cloud account. 

Access to www.usetransit.com

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 and be bound by additional terms and conditions disclosed when creating a UseTransit account. 

Access to UseTransit iOS and UseTransit Android

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 and be bound by additional terms and conditions disclosed when creating a UseTransit account.

Access to UseTransit GTFS

By providing you a unique token, we grant you a non-exclusive, non-transferable, revocable license to access the UseTransit GTFS (General Transit Feed Specification) data feed (“GTFS Data Feed”), for the purpose of developing, testing, and supporting your application(s) that utilize public transit data.

 

You are permitted to:

  1. Access and use the GTFS Data Feed for developing and supporting your application(s) that provide access to public transit information to public users.

You are not permitted to:

  1. Use the GTFS Data Feed for any illegal purpose or in violation of any local, state, national, or international law.
  2. Use the GTFS Data Feed in a manner that could damage, disable, overburden, or impair any of our servers, or the networks connected to any of our servers.
  3. Attempt to gain unauthorized access to the GTFS Data Feed, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means.

All rights, title, and interest in the GTFS Data Feed and any updates, adaptations, translations, modifications, and variations thereof remain with us or our licensors. You having access to the GTFS Data Feed does not transfer any intellectual property rights from us to you or any third parties.

Prohibited Uses

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 (you may access the GTFS Data Feed in an automated manner); (vi) attempt to access the Products after having been banned by us; (vii) sell, lease, sublicense, redistribute, or syndicate any of the Products and/or GTFS Data Feed.

Disclaimer and Limitation of Liability

The Products, Content, and GTFS Data Feed are provided “as is” without warranty or condition of any kind. Use of the Products, Content, and GTFS Data Feed 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, Content, and GTFS Data Feed 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, Content, and GTFS Data Feed.

To the fullest extent permitted by the law, we disclaim all warranties, representations, and conditions of any kind with respect to the Products, Content, and GTFS Data Feed 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, Content, and GTFS Data Feed 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, Content, and GTFS Data Feed.

We do not guarantee any particular level of up-time or availability of the Products, Content, and GTFS Data Feed. The Products, Content, and GTFS Data Feed may become unavailable for many reasons, including scheduled and unscheduled maintenance by us.

Indemnification

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.

Governing Law and Jurisdiction

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.

Assignment

You may not assign any of your rights arising under these Terms without our written consent.

Language

You and TransitFare 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.

Language

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