VIA Terms of Use

St. Albert Transit Book-a-Bus Powered by Via

Terms of Use

Effective Date: August 18, 2022

Last Updated Date: August 24, 2022

I. Introduction and Eligibility

Please read these Terms of Use (“Terms“) carefully before using the Service.

St. Albert Transit Book-a-Bus Term of Use

St. Albert Transit utilizes Via Transportation Inc. (Via) to provide the ride booking technology platform used for the Book-a-Bus service. This Privacy Policy represents Via’s Terms of Use and references the Via Privacy Policy.

Via Transportation Inc, and Via Mobility LLC comply with all applicable privacy laws of Canada and the US regarding the collection, use, and retention of personal information.

These Terms include Via’s Privacy Policy, which is incorporated by reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our service or the service provider changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.

Binding Agreement. These Terms constitute a binding agreement between you, The City of St. Albert, St. Albert Transit, and the Book-a-Bus technology platform provider Via Transportation, Inc. and its affiliates and subsidiaries (“Via”). “You” and “users” shall mean all users of the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.

II. The Service

The “Service” means any website, mobile application, or Internet service provided by St. Albert Transit through its partnership with Via Transportation Inc., whether partial or otherwise, in connection with providing Via’s online platform that connects users with St. Albert Transit services. Each reservation a user makes with Book-a-Bus is a “Reservation,” and each ride taken through a Reservation is a “Ride.”

THE BOOK-A-BUS PLATFORM PROVIDER, VIA, DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS THE RESPONSIBILITY OF ST. ALBERT TRANSIT TO PROVIDE THE TRANSPORTATION. VIA PROVIDES THE PLATFORM FOR WHICH TO BOOK THE TRIP AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED BY ST. ALBERT TRANSIT.

III. Eligibility to Use the Service

Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

No one under the age of 18 is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. 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 transit@stalbert.ca.

IV. Your Account

You are responsible for your log-in credentials and for keeping your information 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 provide to St. Albert Transit upon use of the Service and at all other times will be true, accurate, current, and complete.

Your Log-In Credentials. To use the Service, you may need to log-in by providing a username, password, cellular phone number, and email address. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You agree to notify us immediately of any breach in secrecy of your log-in information. 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 St. Albert Transit by e-mail at transit@stalbert.ca.

V. Cancellations, No-Shows

Cancellation Policy. Repeated cancellations may result in the suspension of your account.

No-Show Policy. A No-Show is recorded if you are not present at the time and place designated in your Reservation. Repeated “no-show” instances may result in the suspension of your account.

Conduct and Behavior. All conduct and behavior while on St. Albert Transit property, including transit buses, is subject to the provisions of City of St. Albert Transit Bylaw 23/2017.

VII. Communications

St. Albert Transit or Via may communicate with you by email, text message or posting notice on the Service.

You agree to receive email from us at the email address you provided to us for customer service-related purposes.

Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you.

SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.

VIII. Via’s Content Ownership and Use

Via owns or has rights to all of the platform content that St. Albert Transit makes available through the Service, but you may use it as you use the Service. You cannot use the St. Albert Transit or VIA logo without written permission.

The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, images, software (excluding the Service), audio, video, information or other materials.

The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Via content (collectively, “Via Content“). All Via Content and the compilation (meaning the collection, arrangement, and assembly) of all Via Content are the property of Via or its licensors and are protected under copyright, trademark, and other laws.

License to You. We authorize you, subject to these Terms, to access and use the Service and the Via Content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Via Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Via Content on any copy you make of the Via Content.

Via Marks. Via, the Via logo, and other Via logos and product and service names are or may be trademarks of Via (the “Via Marks“). Without prior written permission, and except as solely enabled by any link as provided, you agree not to display or use in any manner the Via Marks.

IX. Intellectual Property Rights and Your License to Use

You (or the people who allow you to use their content), own all of the content you post using the Service. However, we may use your content to make it work better.

VIA Interests. Via alone (and its licensors, where applicable) owns all right, title, and interest, including all related intellectual property rights, in and to the Platform. The Company name, the Company logo, and the product names associated with the Platform are trademarks of Via or third parties, and no right or license is granted to use them.

d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party

e. Additional Licenses. Certain materials made available for download from or through the Platform may be subject to additional or different license terms and conditions. The Platform contains content from Users and other Via licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Platform.

X. Copyright Policy

St. Albert Transit and Via respect the intellectual property rights of others and expect its users to do the same. Tell us if you think a user has violated your copyright using the Platform.

XII. Third-Party Content Disclaimers, Limitations, and Prohibitions

You are responsible for your actions when using and relying on the Platform or content available on the Platform.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content“). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. St. Albert Transit nor Via do not endorse any, nor are responsible for, Third-Party Content on the Service.

You agree to use the Transit Service and the Platform only for their intended purposes. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:

1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Platform, user accounts, or the technology and equipment supporting the Platform;

2. frame, mirror or link to the Platform without permission;

3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Platform, including any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Platform or the Transit Service;

4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;

5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libelous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or degrade another person;

6. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;

7. use the Platform or the Transit Service in an illegal way or to commit an illegal act or that otherwise results in fines, penalties, and other liability to St. Albert Transit, Via, or others.

XIII. Violation of These Terms

Via and/or St. Albert Transit will have the right to investigate and prosecute violations of the above to the fullest extent of the law.

St. Albert Transit and/or VIA reserve the right to suspend or terminate your account and prevent access to the Service any of these Terms are breached or violated. Also, future use of the service may be refused.

St. Albert Transit and/or Via may review and remove any Third-Party Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.

VIA PROVIDES THE PLATFORM FOR WHICH TO RESERVE TRIPS AND BOOK TRANSPORTATION, BUT ST. ALBERT TRANSIT PROVIDES THE TRANSPORTATION. VIA DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ST. ALBERT TRANSIT AND YOU EXPRESSLY WAIVE AND RELEASE VIA FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE TRANSPORTATION PROVIDER ST. ALBERT TRANSIT. YOU ACKNOWLEDGE THAT VIA DOES NOT MONITOR ST. ALBERT TRANSIT’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND VIA WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO ST. ALBERT TRANSIT’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT.

THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF ST. ALBERT TRANSIT.

Released Parties Defined. “Released Parties” include the City of St. Albert, St. Albert Transit, Via and its affiliates, officers, directors, employees, agents, partners, and licensors.

You agree to indemnify and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any Third-Party Content, (ii) your use of any Via Content, or (iii) your breach of these Terms.

XV. General Terms

These Terms constitute the entire agreement between you and St. Albert Transit and the platform provider Via concerning your use of the Service.