Terms and Conditions

Effective date: September 10, 2018

The Terms.

Thank you for using the Change Transit app (the “App”) provided by Change Transit Ltd. (“Change Transit”, “we”, or “us”). Our goal is to provide an exceptional user experience designed to get you from Point A to Point B and provide you with some entertainment along the way to help pass the time. The terms below (the “Terms”) govern your use of the App so please give them a read. By creating an account or using the App, you agree to these Terms.

 

Will the Terms or the App change?

From time-to-time, we may need to update these Terms or the features of the App.  We can’t guarantee that the App’s features will always be made available or always be in the same form, no matter how much you may love them.

If we make changes to the App or the Terms, we will let you know through an email to the address you provide us for your account profile. Your continued use of the App after you receive this notification means you agree to the changes. If you do not agree to the changes, you can delete your account and stop using the App.

 

What I can and can’t do with the App.

The App is provided to you for your own personal use on your mobile device.  It allows you to get transportation information, multimedia entertainment, and arrange and schedule transportation with third party transportation providers (our “Services”). We grant you a limited non-exclusive, non-transferable, revocable license to download and use the App in order to receive the Services and for no other purpose.

You may not copy, remove any proprietary marks, re-sell, decompile, reverse engineer, disassemble modify, create derivative works, or stream the App or the Services. You may not use the App in any manner contrary to applicable law or in a manner that negatively affects our networks or those of our third party providers. We have the right to terminate your use of the App if you violate these Terms or use the App in any way that harms or is reasonably expected to harm our reputation.

Just to be clear, Change Transit is not itself a transportation provider. Any transportation you arrange with a third party provider using the App is solely their responsibility, not ours.

Our App is only available for use on specific mobile operating systems such as iOS and Android (the “Supported Operating Systems”). While we try to make our App available on as many devices and operating systems as possible, the App may not be available on all versions of the Supported Operating Systems and we are not responsible if you are unable to access or use all or any part of the App because of an the App not being supported on your device.

Apple Inc., Google, Inc., and Microsoft Corporation are not parties to these Terms are not providers of the Services, and are not they responsible for any support of the App. Your use of the App is also subject to the Apple Inc.’s, Google, Inc.’s and Microsoft Corporation’s respective terms and conditions depending on the Supported Operating System you are using to access the App. Such terms and conditions are being incorporated in our Terms by reference.

 

How do I purchase products and services with the App?

As part of the Services we offer on the App, we may offer you the ability to make certain purchases of digital services (e.g. movies), physical goods (e.g. snacks), and third party products and services (e.g. transit tickets) (each being a “Purchase”).  In order to make a Purchase, you will need to provide certain information such as your credit card information.  All payments for Purchases will be processed by our chosen third party payment processor(s). You are responsible for making sure that all information that you provide in connection with your Purchase is accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card. Depending on the type of Purchase, your Purchase may be non-refundable.

When you make a Purchase, you are buying third party products and services that we do not provide.  We are not responsible for those products and services or for any failure in providing those products and services once a Purchase is made. With the exception of some digital services, all prices are set by the third party provider of the product or service, not us. To be clear, we do not handle any of your financial information – only the payment processor will have access to that information.

The payment process will work like this:

  1. You make a purchase on the App using the credit card information you have provided in your account profile.
  2. The App securely sends your Purchase details and your credit card information to our payment processor.
  3. Once our payment processor validates the payment information and confirms successful payment to the App, your Purchase is complete.
  4. If the payment is not validated, then you will be notified by the App that the Purchase did not go through and be offered an option to attempt the Purchase again.

 

Who provides the information and content for the App?

Unless designated as Change Transit content, all information and content (“Content”) is provided by third parties. We are not responsible for the accuracy or any errors/omissions of this Content, or if any such Content is offensive or violates applicable law. Trip and transit time information is gathered from third party sources so while we do our best to ensure that such information is correct, we can’t guarantee its accuracy or reliability. If you have any complaints, concerns or disputes about any Content, please contact the particular Content provider directly.

The App may contain links to other sites or application operated by third parties (“Third Party Sites”).  We have no control over the content, access or performance of those sites or applications. You are solely responsible for your use of any Third Party Sites.

We do not endorse or accept liability for any Content or use of Third Party Sites.

Content and Third Party Sites have their own terms of use and privacy policies set out by the applicable third party provider of that Content and/or Third Party Site.  You should review such terms and policies before to accessing that Content and/or Third Party Site.

 

Who owns the App and its content?

The App and the  intellectual property it contains is the sole property of Change Transit, its affiliates and/or its licensors. All Content is the sole property of the respective Content provider and/or its affiliates or licensors.

Any trademarks, logos or trade names (collectively, “Marks”) displayed on the App and in any Content are the sole property of the Mark owner.

We own any data we collect from your usage of the App including any responses you provide in relation to any survey we make available on the App (“User Data”). But we will only collect, use and disclose User Data in accordance with our Privacy Policy.

If you contact us directly with any suggestions for new features or changes to the App, you give us the right to implement such features or changes without compensation or attribution to you.

Using the App does not give you any ownership rights in the App, Content or Marks.

 

How will my information be used?

We take your privacy seriously.  We will collect, use and disclose your User Data only in accordance with our Privacy Policy.

 

When do these Terms end?

Except for a few sections mentioned below, these Terms will stop applying to you: (1) if you stop using the App, or (2) if we terminate your access to the App.

We may terminate your access to the App if you use the App for any illegal purpose (such as hacking or payment fraud) or if you otherwise violate these Terms.

All provisions in these Terms about ownership and the “Some Legal Stuff” section below will remain in effect even if the Terms no longer apply.

 

What happens if I have an issue?

If you have any comments, questions or concerns, please contact us at: support@change-transit.com.

 

Some Legal Stuff.

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada. To the fullest extent permitted by applicable law, if there is any dispute between you and Change Transit under these Terms, we both agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (which may be found at: http://adrchambers.com/ca/arbitration/expedited-arbitration/expedited-arbitration-rules/).  We both agree that the ADR Chambers Expedited Arbitration Rules give us both a fair opportunity to present our respective cases and respond to the case of the other side. The arbitration shall be held in the City of Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario) and the ADR Chambers Expedited Arbitration Rules. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be an In Writing Only arbitration and shall be conducted in English and shall be final and binding. We will pay the ADR Chambers arbitration costs (but not your preparation and legal costs). You agree that the courts of the Province of Ontario and the federal courts of Canada shall have exclusive jurisdiction over these Terms.

 

To the fullest extent allowed by applicable law, in no event shall Change Transit be liable for: (1) any indirect, special, consequential damages, even if advised of the possibility of such damages; (2) any damages, liability or losses relating to your inability to access the App or any inaccuracy in the Content; and (3) any damages in excess of $1,000 in the aggregate.

To the fullest extent permitted by law, the App and the Services are provided “as is” and “as available” without any representations, guaranties, warranties and conditions of any kind, whether express or implied, including, but not limited to, all conditions or warranties of accuracy, availability, merchantability or fitness for any particular purpose and non-infringement. We make no representations and do not warrant to you that the App is secure and free from any viruses, defects or errors. We do not guarantee that the App will work on any particular mobile device.

You agree to defend, indemnify and hold us and all of its affiliates, officers, directors, employees, agents and Content providers harmless from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgements, damages, costs and expenses (including reasonable legal fees) arising out of, or resulting from, or otherwise connected to your use of the App and your violation of these Terms.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.