Last Updated: December 22, 2020
Section 1- Introduction
Section 2 – The Services
The Services constitute a technology platform that enables users of the On-Demand mobile app (the “App”) to, among other things, request, schedule, and pay for rides provided through the On-Demand program. Unless otherwise agreed to by GET 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 On-Demand app, you represent that: 1) you are at least 18 years old; or 2) that you are 18 years old and you have given us your consent to allow any of your minor dependents to use this site; or 3) that you are a minor who is at least 13 years old and have received consent from your parent or guardian to use these Services. If you are a parent or guardian of a minor who has registered for or used the Services without your consent, please contact us at email@example.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 Services, you may need to log in by providing a username, password, and 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 Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services.
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 for the Services. You represent and warrant that the information you provide to GET upon use of the Services 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 GET by email at firstname.lastname@example.org. 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/debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. GET is not responsible for your failure to maintain accurate, complete, and up-to-date information. You grant Golden Empire Transit District 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 On-Demand or its contracted vendors’ security system, or by intercepting transmissions of personal information over the Internet. GET is not responsible for any data obtained by third parties in an unauthorized manner.
Section 5 – License
Although GET 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 GET’s (or its third-party providers’) infrastructure.
As a consequence for violating the code of conduct, Golden Empire Transit District reserves the right to block Users from using the Service via the App or, if necessary, pursue any legal action, including civil or criminal charges.
Section 7 – Mobile Ticketing
A mobile ticket refers to a type of ride credit, purchased through the App using an Apple, Android, or Windows smartphone or mobile device. The security of your mobile device is your responsibility. In the event that your mobile device is lost or stolen, GET will not provide a duplicate or replacement ride credit. You cannot print or transfer ride credits 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 GET 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 App and any updates thereto. GET 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
Section 11 – Limitation of Liability
Golden Empire Transit District 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 GET has been advised of the possibility of such damages. GET 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 GET or GET’s agent’s servers; and/or (4) any errors, mistakes, inaccuracies or omission 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 GET has been advised of the possibility of such damages. GET shall not be liable for delay or failure in performance resulting from causes beyond GET’s reasonable control. In no even shall GET’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 12 – Indemnity
Section 13 – Termination
Section 14 – Choice of Law
Section 15 – Notice
GET 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 forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to GET, with such notice deemed given when received by GET, at any time by first class mail or pre-paid post to Golden Empire Transit District, ATTN: IT DEPT, 1830 Golden State Ave, Bakersfield, CA, 93001, United States.
Section 16 – General
Effective Date: This policy is effective as of December 22, 2020