RideLink Pilot

Last Updated: January 31, 2024

1. INTRODUCTION

South Coast British Columbia Transportation Authority (“TransLink”, “we”, “our”, or “us”) welcomes you (“you”) to our RideLink pilot project (“Pilot Project”), which allows selected users to use our downloadable mobile application software, RideLink (including all related documentation, the “App”). The App enables you to plan and optimize your trip, book your carshare and use bikeshare services and unify and streamline registration and payment for multiple mobility services (the “Services”) using the App and your existing Compass Card.

2. PILOT PROGRAM ELIGIBILITY

2.1. Eligibility Requirements

To be considered eligible to participate in the Pilot Project, you must meet the following eligibility requirements before using the App and the Services:

1. you must create an account on the App and use the email address that received the invitation to participate in the Pilot Project as your account email when creating your account on the App (“RideLink Account”);

2. you must agree to the legally binding terms and conditions for each third-party mobility service provider (Evo, Mobi and/or Modo) (collectively, the “Mobility Operators” and each a “MSP”) available on or through the App and the Services;

3. you must register and have a valid account with each MSP accessible on or through the App (each a “MSP Account”, collectively with RideLink Account, the “Account”);

4. you must be at least 19 years of age;

5. you must hold a valid British Columbia (BC) driver’s licence;

6. you must own a valid Visa or MasterCard credit card; and

7. you must use the Linked Sites, as defined in Section 7 (Linked Sites) to visit the Insurance Corporation of British Columbia ("ICBC") website to submit your request to ICBC. ICBC will coordinate with each applicable MSP, in order for such MSP to review for eligibility for use of carshare services.

2.2. Ineligibility

If any of the above-mentioned eligibility requirements in Section 2.1 (Eligibility Requirements) are not met at the commencement of the Pilot Project or cease to be met at any time during the Pilot Project, you will no longer be eligible to participate in the Pilot Project. In the event of ineligibility, you must cancel your Account and delete the App from your mobile device immediately.

2.3. Cancellation of RideLink Account and MSP Accounts

2.3.1. RideLink Account

You can delete your RideLink Account and personal information therein in the following ways:

1. on iOS, you can use a self-service function within the App to delete your RideLink Account; and

2. on Android, you can email the RideLink Support Desk ("RLSD") at ridelink@translink.ca to request your RideLink Account be deleted. Once the support ticket is completed, RLSD will inform you that your RideLink Account has been deleted.

2.3.1.1. If you delete RideLink Account but would like to retain one or more of your MSP Account(s), you will need to register directly with the MSP through its standard registration process.

2.3.1.2. Deleting your RideLink Account does not delete the MSP Accounts and personal information therein. To delete each MSP Account and your personal information therein, you must undertake the following:

2.3.2. Mobi

You must contact Mobi customer service via Contact Us page on mobibikes.ca (preferred option) or at info@mobibikes.ca to delete your account and personal information therein.

2.3.3. Modo

You must send an email to Modo at info@modo.coop to delete your account and personal information therein.

2.3.4. Evo

You must send an email to Evo at info@evo.ca to delete your account and personal information therein.

2.3.5. TransLink

2.3.5.1. No automatic account is created at TransLink or through compasscard.ca through this App. If you have created a separate compasscard.ca account, you can contact Compass Customer Service for assistance.

2.3.5.2. If you only delete the App, your RideLink Account and MSP Accounts will remain active.

3. ACCEPTING THE AGREEMENT

3.1. This Mobile Application End User Terms of Use (“Agreement” or “Terms”) and any terms and conditions, disclaimers or notices incorporated herein by reference form part of these Terms, including, without limitation, the terms of our Privacy Notice, as amended from time to time (“Privacy Notice”). These Terms govern your use of the App and the Services and constitute a binding and enforceable legal contract between you and TransLink.

3.2. By clicking the “Accept” button, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you meet the eligibility requirements set out in Section 2 (Pilot Program Eligibility); (c) consent to the collection, use and disclosure of information as described in these Terms and the Privacy Notice; and (d) accept this Agreement and agree that you are legally bound by its Terms.

3.3. If you do not agree to these Terms, or if you lack capacity or authority to agree to these Terms, you must not download or access the App or the Services or submit information to us or register for a RideLink Account.

4. YOUR ACCOUNT

4.1. Your Account and Security

4.1.1. Register Your Account

You can access and use all features of the App and the Services, including the services from each MSP, through your Account.

4.1.2. Disclaimer Regarding Your MSP Account

You should be aware that each MSP is responsible for your MSP Account. The terms that govern your MSP Account differ from how we govern your RideLink Account under these Terms. TransLink is not responsible for your MSP Account and expressly disclaims any and all responsibility and liability to you, if you create, access or use an MSP Account through the App and the Services.

4.1.3. Information Required to Register Your RideLink Account

When you create a RideLink Account, you will be required to provide us with certain personal information, including first name, last name, email address, home address, phone number, date of birth, verification code, Compass Card number (number and CVN), personal driving record issued by ICBC, credit card information (number, expiration date and CVV), driver’s licence number and expiry date (“Your Information”). Your Information will be retained and used by us in accordance with our Privacy Notice. You agree that all information provided by you will be accurate and complete and that you will promptly update such information if and when it changes.

4.1.4. Confidentiality of Your Information and RideLink Account

You are responsible for protecting the confidentiality of your RideLink Account, including Your Information and for restricting access to your computer, device or media system platform. You are not permitted to allow any other person to access your RideLink Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your RideLink Account or any other security breach involving your RideLink Account at ridelink@translink.ca. We are not responsible for any unauthorized access to your RideLink Account or Your Information caused by such unauthorized access. You agree to accept responsibility for all activities that occur under your RideLink Account, whether or not such activities have been authorized by you.

4.2. Accessing Your RideLink Account: Representations and Warranties

Each time that you access your RideLink Account, you represent and warrant that:

1. you are the authorized and eligible person who registered the RideLink Account;

2. all of the personal information registered in connection with the RideLink Account is current, complete and accurate;

3. you are accessing and using the Services solely for lawful purposes and in strict compliance with these Terms;

4. you are accessing the Services solely for your own personal, non-commercial purposes;

5. you are not, and are not acting on behalf of, any competitor or prospective competitor of TransLink or its affiliates or subsidiaries; and

6. you are liable for any charges made while signed into your RideLink Account.

5. OUR SERVICES

5.1. Services We Provide through the App

To get the most out of the App and the Services, it is important to understand our role in providing the Services. As mentioned in the definition of the Services above, through the App we provide you with access to the following Services:

5.1.1. Plan and Optimize Your Trip

We organize and aggregate relevant transportation information relating to the location of public transit and the availability of bikeshare and carshare services to assist you with planning and optimizing your trip.

5.1.2. Book Carshare

We provide you with a streamlined function that allows you to book the following MSP’s during your trip through the App: (i) Evo, and (ii) Modo.

5.1.3. Unified Registration and Payment for Mobility Operators (Not Public Transit)

You can pay for your use of each MSP’s services through your RideLink Account.

6. THIRD PARTY SERVICE PROVIDERS

This Section 6 describes third-party service providers that you can access and use through the App and the Services, including, without limitation, each MSP, MSP payment processors, Online Servers (Section 6.1), Application Providers (Section 6.2), Transportation Data Providers (Section 6.3), the Payment Tokenization Provider and Mobility Operator as Payment Processor (Section 6.4) (collectively, the “Third Party Service Providers”).

You have the option to connect to content, functionality, software and other services developed, provided or maintained by Third Party Service Providers (collectively, “Third Party Services”) through the App and the Services. All Third Party Services are provided by Third Party Service Providers and are not under the direction or control of TransLink. You acknowledge and agree that TransLink shall not be liable or responsible, directly or indirectly, for your access to or use of any Third Party Services, including any damages, losses, liabilities, failures or problems caused by, related to or arising from any Third Party Services. Without limiting the foregoing, if, in TransLink’s judgment (acting in its sole discretion), a Third Party Service threatens the security, integrity or availability of the App or the Services, TransLink may immediately and without notice disable access through the App to such Third Party Services. Third Party Service Providers provide legal documents, including terms of use and privacy policies, governing access to and use of services and content provided by each Third Party Service Provider. We encourage you to read these legal documents carefully. Any questions, technical support inquiries, disputes or legal claims for problems or damages arising from or related to these Third Party Services, must be addressed exclusively to those Third Party Service Providers.

6.1. Online Servers

The Services may be accessible on or through a website, application, service or device not controlled by TransLink. For example, you may download, install or access the Services through a mobile application or web-based online marketplace or have the option to use the Services on servers not owned or controlled by TransLink, or we may make the Services available through servers that are not owned or controlled by us.

6.2. Application Providers

Currently, the App is available to be downloaded onto mobile devices with iOS and Android operating systems from the Apple TestFlight and Google Play beta testing platforms. The terms of use and conditions of the app store from which you are downloading the App will apply.

6.3. Transit and Transportation Data Providers

6.3.1. Except for transit information provided by TransLink the transit/transportation information, data and recommendations that you access through the App to plan your trip are based on the information provided by the Mobility Operators and third-party transit agencies, such as BC Transit and BC Ferries (“Transportation Data Providers”). This information and data provided on or made available through the App by TransLink and Transportation Data Providers may include, location of transit stops, timetable and frequency of transit routes, transit-related alerts, live, offline and online map information, line and station views, routing, live arrivals and departures, estimated times of arrival and service alerts, and location and availability of the Mobility Operators. In the event the information provided to us by Transportation Data Providers is inaccurate or incomplete, your ability to effectively use the App or the Services may be compromised through no fault of TransLink, and in those cases any legal responsibility for any problems or damages which may occur lies with the Transportation Data Provider rather than (and to the exclusion of) TransLink itself.

6.3.2. We try to make sure that the transit data we provide is correct and up-to-date, but cannot guarantee that it will always be. Travel times are only estimates, as actual timing depends on many factors outside of our/the Transportation Data Provider’s control. Accordingly, we do not accept any liability for any error or omission in the information available or the recommendations made through the App or the Services. We are absolved of any legal responsibility for any problems or damages which might occur as a result of relying on any information available through the App or the Services, including, without limitation all liability for any action you may take or loss or injury you may suffer, direct or indirect, including loss or damage of personal or third-party property, loss of income, profit, opportunity or time.

6.3.3. Your access and use of TransLink transit data through the App is provided by permission of TransLink. You acknowledge and agree that TransLink assumes no responsibility for the accuracy of currency of the data used in the App.

6.4. Payment Tokenization Provider and Mobility Operator as Payment Processor

6.4.1. We are not the payment processor for any payment made on or through the App or as part of the Services. We use a third-party payment orchestration platform (“Payment Tokenization Provider”) to tokenize any payments you make through the App for services provided by Mobility Operators. The Payment Tokenization Provider will tokenize and forward the payment token to the relevant MSP. Each MSP is the payment processor of the services such MSP provides to you and as such is responsible for handling and processing your payment, independent from TransLink. The MSP in its capacity as the third-party payment processor, will automatically charge your chosen method of payment for the applicable fees in relation to your relevant MSP Account, plus any applicable taxes they are required to collect. You agree that we shall not be responsible or liable for any loss, damage or other matters associated with your payment or transaction with any MSP and you hereby irrevocably waive, release, agree not to sue, and forever discharge us from and against any and all claims or causes of action arising out of or in connection with any payment or transaction with an MSP.

6.4.2. As part of the Mobility Operator’s standard services, you will have the ability to monitor your trip history and the associated costs through each MSP. All payments made through the App to the applicable MSP will be governed by the terms and conditions of such MSP. Any inconsistencies between these Terms and the terms and conditions of the applicable MSP shall be resolved in favour of these Terms. You acknowledge and agree that the terms and conditions of each MSP found below govern your access and use of the relevant MSP.

• Evo: Terms and Conditions of Service

• Mobi: Terms and Conditions

• Modo: Terms and Conditions

6.4.3. We do not offer a method of payment on the App or through the Services for public transit. You can purchase your public transit fare and Compass Card (“Compass Card”) at a Compass vendor or at compasscard.ca through a third-party payment processor (“Compass Payment Processor”). Your access to and use of your Compass Card are governed by the Compass Card Terms and Conditions of Use, which are incorporated herein by this reference: Compass Card Terms and Conditions of Use.

6.4.4. Any inquires about payment terms, including payment disputes, refunds and cancellations must be made directly to the Compass Payment Processor or the applicable MSP.

7. LINKED SITES

Access to any third party linked sites through the App and the Services (“Linked Sites”) is at your own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from these Terms. TransLink is not responsible for the policies, practices, condition and operation of any Linked Sites and expressly disclaims any and all responsibility and liability to you if you access or use any Linked Sites.

8. INFORMATION COLLECTION, TRANSMISSION AND USE

8.1. Data Collection

You acknowledge that when you download, install or use the App, TransLink may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Notice. By downloading, installing, using and providing information to or through this App, you consent to all actions taken by us with respect to Your Information in compliance with the Privacy Notice.

8.2. Location and Route Information

Please note that the App makes use of detailed location and route information, including in the form of GPS signals and other information sent by your mobile device on which the Services are activated. Certain features of the Services cannot be provided without this technology. This is described in further detail in our Privacy Notice.

8.3. Transmission of Data

Subject always to the Privacy Notice, our processing and storage of your personal information may involve the transmission of your personal information over international borders. We have no control over the policies or practices of any Linked Sites or Third Party Service Providers, we are not responsible for the treatment of your personal information by Linked Sites or Third Party Service Providers.

8.4. Consent to Receive Communications

By accepting these Terms, you consent to receive communications from TransLink regarding the App and the Services. Communications may include but are not limited to notifications, updates, modifications to these Terms, or any policy or guarantee referred to herein. These communications may be sent to the email address provided by you for your RideLink Account or posted to the App. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted. Any notice under these Terms must be in writing and sent to TransLink via email to ridelink@translink.ca. Each party consents to receiving electronic notices. A party may change the address to which to send notices by notifying the other party of such changes in writing. This clause applies to all communications between the parties regarding the App and Services and supersedes any prior oral or written communications regarding the subject matter of these Terms.

9. LICENSE GRANT

9.1. License Grant

Subject to this Agreement, TransLink grants you a limited, non-exclusive and non-transferable license to: (a) download, install and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with the App’s documentation; and (b) access, stream, download and use on such mobile device the Services made available in or otherwise accessible through the App, strictly in accordance with this Agreement (collectively, the “License “).

9.2. Reservation of Rights

The App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App, or any other rights thereto other than to use the App in accordance with the license granted under this Agreement. TransLink and its licensors and service providers reserves and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

9.3. License Term

The term of your License commences on the date of your acceptance of these Terms and shall end on the earlier date of your or our suspension or termination of your RideLink Account. Your License will terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the App or Services or you otherwise breach these Terms.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Trademarks, Logos and TransLink Branding

The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Services are the property of TransLink or our partners and third-party licensors. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of TransLink or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks.

10.2. Feedback

If you provide suggestions, ideas, enhancement requests, corrections or other feedback to TransLink concerning the App or the Services (“Feedback”), TransLink may use, disclose and exploit such Feedback without restriction or any obligation to account to you or the individual providing the Feedback. TransLink is not required to consider or implement any Feedback.

11. PROHIBITED USES AND ACTIVITIES

When installing the App and using the Services, you must not: (a) decompile, disassemble, reverse engineer, investigate or otherwise access any non-UI portion of the App; (b) circumvent any limitations we place on your use of the App or the Services; (c) use or display the App in such a way that allows derivation of information about the Services that was not intended to be made available to users; (d) circumvent any security features or technological protection measures built into the App; (e) automate access to the App or the Services, including, without limitation, through the use of bots, scrapers or other similar devices; (f) attempt to install the App or access the Services after having been banned by us; (g) copy the App, except as expressly permitted by this license; (h) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App; (i) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; or (j) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.

12. AVAILABILITY

The Services availability and functionality depends on various factors, such as communication network software, hardware, our licensors, Third Party Service Providers and contractors. You are responsible for providing all equipment and software necessary to connect to the Services, and you are responsible for any fees, including internet connection, mobile data services and similar third party fees that you incur when accessing the Services. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible with the Services or that you can use or access the App or the Services through your mobile device.

13. UPDATES AND CHANGES TO APP AND SERVICES

Customer acknowledges and agrees that TransLink may, in its sole discretion, make updates, bug fixes, modifications, or improvements to the App and the Services or any part or feature thereof, at any time. You shall promptly download and install all updates and acknowledge and agree that the App, the Services or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the App and the Services and be subject to this Agreement.

14. CHANGES TO TERMS

14.1. We reserve the right, acting in our sole discretion and with or without prior notice to you, to revise these Terms and provide you with notice of such revisions by posting the revised Terms on the App with a new date at the top of the page under the header “Last Updated”.

14.2. The changes will take effect 30 days after the date on which the updated version is posted. Until that date, the previous version of the Terms will continue to apply. It is your responsibility to ensure that you are aware of the current Terms when you use the App and the Services.

14.3. If you do not cease using the App and the Services and you do not cancel your RideLink Account during the aforementioned thirty-day notice period, then by your continued use, you will be deemed to have accepted the revised Terms.

14.4. If you disagree with any changes in the revised Terms, you may terminate these Terms by cancelling your RideLink Account by using the cancel button in your RideLink Account settings.

15. TERM AND TERMINATION

15.1. Term

The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or TransLink as set forth in this section.

15.2. Termination by You

You may terminate this Agreement at any time by going to settings in your RideLink Account and cancelling your RideLink Account.

15.3. Termination by TransLink

We may, in our sole and absolute discretion and without prior notice to you, terminate or suspend your access to the App and the Services or any portion thereof and cancel your RideLink Account for any reason whatsoever, including, if we have reason to believe that you have failed to comply with these Terms or that your use of the App and the Services violates the rights of any third party or any applicable laws.

15.4. Consequences of Termination

15.4.1. Upon termination:

1. all rights granted to you under this Agreement will also terminate; and

2. you must cease all use of the App and delete all copies of the App from your mobile device.

15.4.2. Termination will not limit any of TransLink’s rights or remedies at law or in equity.

16. DISCLAIMER

The App provided by TransLink is offered to you free of charge. By downloading, installing or using the App, you acknowledge and agree to the following disclaimer:

16.1 No Liability

TransLink makes no representations or warranties of any kind, express or implied, regarding the accuracy, reliability or completeness of the information provided through the App or the Services. TransLink disclaims any and all liability for any errors or omissions in the information available or the recommendations made through the App or the Services.

16.2 Indirect Damages

TransLink shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of income, profit, opportunity or time, arising out of or in connection with your access to or use of the App or the Services.

16.3 Third Party Services and Linked Sites

The App provides access to Third Party Services and Linked Sites. TransLink is not responsible for the policies, practices, conditions and operation of any Third Party Service Providers or Linked Sites, and disclaims any and all responsibility and liability for your access to or use of any Third Party Services and Linked Sites.

16.4 Use at Your Own Risk

You acknowledge and agree that your use of the App and the Services is at your own risk. TransLink does not warrant that the App or the Services will be uninterrupted, error-free or free from viruses or other harmful components.

16.5 No Warranty

The App and the Services are provided “as is” and without warranties of any kind, whether express or implied. TransLink expressly disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 16.6 By using the App and the Services, you acknowledge that you have read, understood and agreed to this disclaimer. If you do not agree to this disclaimer, you must immediately cease using the App and the Services.

17. GENERAL

17.1. Governing Law, Jurisdiction and Venue

This Agreement is governed by and is to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods. The parties accept and submit to the exclusive jurisdiction of the federal or provincial courts located in Vancouver, British Columbia, Canada.

17.2. Waiver

The failure of TransLink to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable by any court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.

17.3. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the extent possible, the original intent and economic effect of the invalid, illegal, or unenforceable provision.

17.4. Assignment

You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with our prior express written consent, which consent may be withheld in our sole discretion. Any attempted assignment without our express written consent is void. We may assign any or all of our rights and obligations hereunder to our affiliates, subsidiaries or a successor in title to the Service or the business and undertaking.

17.5. Binding Effect

These Terms shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators, successors and permitted assigns.

17.6. Notices

17.6.1. Notice from TransLink

Any notices or other communications permitted or required hereunder, including but not limited to modifications to these Terms or any policy or guarantee referred to herein, will be to the email address provided by you for your RideLink Account or by posting to the App. Notice delivered by email will be deemed to have been received on the date on which such notice is transmitted.

17.6.2. Notice to TransLink

Any notice under this Agreement must be in writing, to TransLink via email to ridelink@translink.ca. Each party consents to receiving electronic notices. A party may change the address to which to send notices by notifying the other party of such changes in writing in accordance with this Section.

17.7. Entire Agreement

These Terms, together with the Privacy Notice and any supplemental terms and conditions referred to herein, constitute the entire agreement between the parties concerning the subject-matter hereof and supersede and replace any and all prior oral or written understandings or agreements between you and us regarding the Services.

17.8. Survival

The provisions of these Terms which require or contemplate performance after the expiration or termination of these Terms shall remain enforceable notwithstanding such expiration or termination.

17.9. Questions and Complaints

Support for the App, your RideLink Account and the Services is available by contacting the RLSD at ridelink@translink.ca. In the event you require support from any Third Party Service Provider, please refer to the applicable terms of use and conditions of such Third Party Service Provider.