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Metrobus is committed to the privacy and security of your electronic commerce. For your full understanding, the following statement details our information gathering and dissemination practices, as well as our security measures.
What information do we collect?
We collect information from you when you register on our sites, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
For what reasons do we use your information?
Any of the information we collect from you may be used in one of the following ways:
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is encrypted and transmitted via the Transport Layer Security Protocol (TLS) to our, or in the case of a financial transaction, to our payment gateway provider's database, only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. TLS is a protocol that ensures privacy between communicating applications and their users on the Internet. When a server and client communicate, TLS ensures that no third party may eavesdrop or tamper with any message. TLS is the successor to the Secure Sockets Layer (SSL).
Upon completion of financial transactions, Metrobus does not store credit card numbers.
Do we use cookies?
Yes (cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone by contacting our Customer Service Centre at (709) 722-9400.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Your Consent
By using our site including our mobile applications, you consent to our Privacy Policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
St. John's Transportation Commission
25 Messenger Drive
St. John's NL A1B 0H6
Canada
Online contact information can be found at https://www.metrobusdev.com
What information do we collect?
We collect information from you when you register on our sites, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
For what reasons do we use your information?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is encrypted and transmitted via the Transport Layer Security Protocol (TLS) to our, or in the case of a financial transaction, to our payment gateway provider's database, only to be accessible by those authorized with special access rights to such systems, and who are required to keep the information confidential. TLS is a protocol that ensures privacy between communicating applications and their users on the Internet. When a server and client communicate, TLS ensures that no third party may eavesdrop or tamper with any message. TLS is the successor to the Secure Sockets Layer (SSL).
Upon completion of financial transactions, Metrobus does not store credit card numbers.
Do we use cookies?
Yes (cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone by contacting our Customer Service Centre at (709) 722-9400.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Your Consent
By using our site including our mobile applications, you consent to our Privacy Policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.
St. John's Transportation Commission
25 Messenger Drive
St. John's NL A1B 0H6
Canada
Online contact information can be found at https://www.metrobusdev.com
Section 1- Introduction
These Terms of Service ("Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the "Services”) made available by the St. John's Transportation Commission operating as Metrobus (Metrobus Transit) or GoBus (GoBus Accessible Transit).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and the St. John's Transportation Commission. If you do not agree to these Terms of Service, you may not access or use the Services. The St. John's Transportation Commission may amend these Terms of Service from time to time. Amendments will be effective upon the St. John's Transportation Commission'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.
Our collection and use of personal information in connection with the Services is as provided in the St. John's Transportation Commission's Privacy Policy located at https://www.metrobusdev.com/privacy. You understand and acknowledge that any information you submit to the St. John's Transportation Commission is subject to public inspection and copying unless exempt by law.
Section 2 - The Services
The Services constitute a technology platform that enables users of the St. John's Transportation Commission's mobile apps, "m-Mobile” and "My GoBus” (the "Apps”) to, among other things, request, schedule, and pay for rides provided through the Metrobus/GoBus program. Unless otherwise agreed to by the St. John's Transportation Commission in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Section 3 - Eligibility to Use the Service
By using the St. John's Transportation Commission apps, you represent that you are at least 18 years old, or that you are 18 years old 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 informationservices@metrobusdev.com.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively "Organization"), then you represent and warrant that you: are an authorized representative of that Organization; have the authority to bind that Organization to these Terms; and agree to be bound by these Terms on behalf of that Organization.
Section 4 - Your Account and Login Credentials
To use the Service, you may need to log in by providing a username, password, and mobile/cellular phone number. 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 are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to the St. John's Transportation Commission upon use of the Service and at all other times will be true, accurate, current, and complete.
You agree to notify us immediately of any breach in secrecy of your login 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 the St. John's Transportation Commission by email at informationservices@metrobusdev.com. You will be solely responsible for the losses incurred due to any unauthorized 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. Your failure to maintain accurate, complete, and up-to-date information in your Account may result in you not being able to access a service or all services provided by the St. John's Transportation Commission. You grant the St. John's Transportation Commission 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 the St. John's Transportation Commissions or its contracted vendors' security system, or by intercepting transmissions of personal information over the Internet. The St. John's Transportation Commission 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, the St. John's Transportation Commission grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 the St. John's Transportation Commission's licensors.
Although the St. John's Transportation Commission 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
In connection with your use of the Services, you agree that you will not:
Section 7 - Mobile Ticketing
A mobile ticket refers to a type of pass or ride credit, purchased through the App using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. In the event that the pass or your mobile device is lost or stolen, the St. John's Transportation Commission will not provide a duplicate or replacement pass. You cannot print or transfer ride credits or passes purchased through the app.
Section 8 - Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from the St. John's Transportation Commission at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
Section 9 - 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. The St. John's Transportation Commission 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 10 - Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ST. JOHN'S TRANSPORTATION COMMISSION 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, ST. JOHN'S TRANSPORTATION COMMISSION 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 11 - Limitation of Liability
ST. JOHN'S TRANSPORTATION COMMISSION 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 ST. JOHN'S TRANSPORTATION COMMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ST. JOHN'S TRANSPORTATION COMMISSION 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 ST. JOHN'S TRANSPORTATION COMMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ST. JOHN'S TRANSPORTATION COMMISSION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. IN NO EVENT SHALL ST. JOHN'S TRANSPORTATION COMMISSION'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS (CDN $500).
Section 12 - Indemnity
You agree to indemnify and hold the St. John's Transportation Commission and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising 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 St. John's Transportation Commission under Newfoundland/Canadian law.
Section 13 - 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, at 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 the St. John's Transportation Commission may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.
Section 14 - Choice of Law
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the Province of Newfoundland Labrador, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Newfoundland Labrador, Canada and the parties hereby irrevocably consent to the jurisdiction of the courts in the province of Newfoundland Labrador with respect to all disputes arising out of these Terms of Service.
Section 15 - Notice
The St. John's Transportation Commission may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the St. John's Transportation Commission, with such notice deemed given when received by the St. John's Transportation Commission at any time by first class mail or pre-paid post to St. John's Transportation Commission, 25 Messenger Drive, St. John's, NL, A1B 0H6, Canada.
Section 16 - General
You may not assign these Terms of Service without the St. John's Transportation Commission's prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and the St. John's Transportation Commission 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 shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The St. John's Transportation Commission's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the St. John's Transportation Commission in writing.
Effective Date
This policy is effective as of September 22, 2021
These Terms of Service ("Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the "Services”) made available by the St. John's Transportation Commission operating as Metrobus (Metrobus Transit) or GoBus (GoBus Accessible Transit).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and the St. John's Transportation Commission. If you do not agree to these Terms of Service, you may not access or use the Services. The St. John's Transportation Commission may amend these Terms of Service from time to time. Amendments will be effective upon the St. John's Transportation Commission'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.
Our collection and use of personal information in connection with the Services is as provided in the St. John's Transportation Commission's Privacy Policy located at https://www.metrobusdev.com/privacy. You understand and acknowledge that any information you submit to the St. John's Transportation Commission is subject to public inspection and copying unless exempt by law.
Section 2 - The Services
The Services constitute a technology platform that enables users of the St. John's Transportation Commission's mobile apps, "m-Mobile” and "My GoBus” (the "Apps”) to, among other things, request, schedule, and pay for rides provided through the Metrobus/GoBus program. Unless otherwise agreed to by the St. John's Transportation Commission in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Section 3 - Eligibility to Use the Service
By using the St. John's Transportation Commission apps, you represent that you are at least 18 years old, or that you are 18 years old 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 informationservices@metrobusdev.com.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively "Organization"), then you represent and warrant that you: are an authorized representative of that Organization; have the authority to bind that Organization to these Terms; and agree to be bound by these Terms on behalf of that Organization.
Section 4 - Your Account and Login Credentials
To use the Service, you may need to log in by providing a username, password, and mobile/cellular phone number. 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 are responsible for your login credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your login credentials on the Service. You represent and warrant that the information you provide to the St. John's Transportation Commission upon use of the Service and at all other times will be true, accurate, current, and complete.
You agree to notify us immediately of any breach in secrecy of your login 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 the St. John's Transportation Commission by email at informationservices@metrobusdev.com. You will be solely responsible for the losses incurred due to any unauthorized 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. Your failure to maintain accurate, complete, and up-to-date information in your Account may result in you not being able to access a service or all services provided by the St. John's Transportation Commission. You grant the St. John's Transportation Commission 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 the St. John's Transportation Commissions or its contracted vendors' security system, or by intercepting transmissions of personal information over the Internet. The St. John's Transportation Commission 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, the St. John's Transportation Commission grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 the St. John's Transportation Commission's licensors.
Although the St. John's Transportation Commission 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
In connection with your use of the Services, you agree that you will not:
- 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 - Mobile Ticketing
A mobile ticket refers to a type of pass or ride credit, purchased through the App using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. In the event that the pass or your mobile device is lost or stolen, the St. John's Transportation Commission will not provide a duplicate or replacement pass. You cannot print or transfer ride credits or passes purchased through the app.
Section 8 - Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from the St. John's Transportation Commission at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
Section 9 - 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. The St. John's Transportation Commission 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 10 - Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ST. JOHN'S TRANSPORTATION COMMISSION 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, ST. JOHN'S TRANSPORTATION COMMISSION 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 11 - Limitation of Liability
ST. JOHN'S TRANSPORTATION COMMISSION 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 ST. JOHN'S TRANSPORTATION COMMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ST. JOHN'S TRANSPORTATION COMMISSION 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 ST. JOHN'S TRANSPORTATION COMMISSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ST. JOHN'S TRANSPORTATION COMMISSION SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. IN NO EVENT SHALL ST. JOHN'S TRANSPORTATION COMMISSION'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED CANADIAN DOLLARS (CDN $500).
Section 12 - Indemnity
You agree to indemnify and hold the St. John's Transportation Commission and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising 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 St. John's Transportation Commission under Newfoundland/Canadian law.
Section 13 - 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, at 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 the St. John's Transportation Commission may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files.
Section 14 - Choice of Law
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the Province of Newfoundland Labrador, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Newfoundland Labrador, Canada and the parties hereby irrevocably consent to the jurisdiction of the courts in the province of Newfoundland Labrador with respect to all disputes arising out of these Terms of Service.
Section 15 - Notice
The St. John's Transportation Commission may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the St. John's Transportation Commission, with such notice deemed given when received by the St. John's Transportation Commission at any time by first class mail or pre-paid post to St. John's Transportation Commission, 25 Messenger Drive, St. John's, NL, A1B 0H6, Canada.
Section 16 - General
You may not assign these Terms of Service without the St. John's Transportation Commission's prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and the St. John's Transportation Commission 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 shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The St. John's Transportation Commission's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the St. John's Transportation Commission in writing.
Effective Date
This policy is effective as of September 22, 2021
