Bytemark User Agreement
This User Agreement (“Agreement” or “User Agreement”) is a contract between you and Bytemark, Inc. and applies to your use of Bytemark’s Platform and any related Bytemark produced apps and services (collectively the “Service”). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “Bytemark,” “we” or “our” will refer collectively to Bytemark, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors. Bytemark offers the Service in coordination with and to allow certain trip planning and ticket purchasing services for use of services offered by its customer which operates the applicable transit systems (“Transit Operator”).
This Agreement was last modified on August 23, 2018.
- No Multiple Accounts. Should you register for more than one Personal Account, Bytemark reserves the right to terminate all of your accounts and will restrict you from the Bytemark platform and Bytemark produced apps going forward. Users may register and hold one Personal Account and one Business Account.
- Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Bytemark has the right to terminate your use of the Bytemark Platform and any applicable Bytemark produced apps and Bytemark, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.
You authorize Bytemark, directly or through third parties, to make any inquiries we consider necessary to validate your registration.
- Non-U.S. Use and Non-Canadian Use. To be eligible for an account, you can reside in any country except: North Korea, Iran, Syria, Sudan and Cuba.
All fees or charges within Bytemark-produced apps and the Bytemark platform will be assessed in the currency represented on the screen, and all transactions may be subject to exchange rates.
IT IS BYTEMARK’S ASSUMPTION THAT NON-U.S. USERS AND NON-CANADIAN USERS ARE SIGNING UP FOR A BYTEMARK ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A BYTEMARK ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are a non-U.S. user or a non-Canadian user, you warrant that you are violating no law or regulation by your use of the Service, and you indemnify Bytemark and the Transit Operator for any and all liability that might arise from your use of the Service.
- Use of the Service Restricted to Persons over 13. The Service is offered and available to users who are 13 years of age or older. By using the Service, you represent and warrant that you are 13 years of age or older. If you are not 13 years of age or older, you must not access or use the Service.
- Prohibited Transactions. You agree that you will not use Bytemark produced apps or the Bytemark Platform, the Bytemark website or any of the services offered therein for any unlawful or fraudulent activity. If Bytemark, the Transit Operator, or our partner payment processors have any reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. Further, if such behavior involved a MasterCard or VISA credit card transaction, it may result in you/your business being prevented from registering for payment acceptance through any payment provider or directly with any bank acquirer operating under license to either the MasterCard or VISA card associations. You will cooperate fully with Bytemark, the Transit Operator, our partner payment processors, MasterCard or VISA to investigate any suspected unlawful, fraudulent or improper activity.
- Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from Bytemark (including, where applicable, on behalf of the Transit Operator) in electronic form. Electronic Communications may be posted on the pages within the Bytemark website, Bytemark produced apps and/or delivered to your e-mail address you have registered with through the Bytemark Platform. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Bytemark reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Bytemark of your decision to do so by contacting us by telephoning Bytemark. If you revoke your consent to receive Communications electronically, Bytemark will terminate your right to use the Bytemark Platform.
- Correct E-mail. You agree and warrant that you have access to the Internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, Bytemark (and where applicable, the Transit Operator) will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide Bytemark with a correct and operational e-mail address, and to notify Bytemark promptly as to any changes or cancellations of any and all e-mail addresses you provide Bytemark. Failure to provide Bytemark with a current, working, functional, personal e-mail address, and/or failure to update Bytemark in a change or cancellation of your e-mail address, or if Bytemark has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by Bytemark of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding Bytemark e-mail notifications; and/or (4) attempts by Bytemark to reach you personally by phone, fax or postal mail. Bytemark reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
- No Framing. Because Bytemark members are warned never to enter their Bytemark account password into an app or website that does not contain the Powered by Bytemark logo, the use of “framing,” where a 3rd party site displays a portion of the Bytemark website inside a webpage or app where the Powered by Bytemark logo is not present is prohibited.
- No Spam. You agree not to use email addresses of Bytemark customers (or where applicable, the Transit Operator customers) to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting Bytemark Users to gain referrals or for any other purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
- 9.1 For YRT/Viva Bus Users Only. No Spam. You agree not to use email addresses of Bytemark customers to send unsolicited email for any purpose. You agree not to use unsolicited email, use net, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting Bytemark Users for any purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
- Unclaimed Property. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds held within your account in the form of stored value as required by applicable law that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state or national laws regarding escheat of unclaimed property. Any unused e-tickets at the time of termination will be forfeited.
- Passwords. You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. Bytemark and the Transit Operator are not responsible for losses incurred by Users as the result of their misuse of passwords.
- Closing Your Account. You may close your account at any time by clicking the “Close Account” link in your Profile on the Bytemark website. Upon closure of an account, any pending transactions will be cancelled. Any unused tickets that we are holding in custody for you at the time of closure, will be forfeited. You will remain liable for all obligations related to your account even after such account is closed. Any unused stored value that is not in the form of an e-ticket product will be returned to you as required by law.
- Hacking. If you use, or attempt to use the Service for purposes other than for accessing and conducting transactions within our Services and for managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
- Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Bytemark. Bytemark reserve the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
- Indemnification. You agree to indemnify and hold Bytemark, the Transit Operator, and their respective affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) that arise directly or indirectly out of or from (a) your breach of this Agreement and/or (b) your activities in connection with the Service.
- Security Interest; Right to Setoff. To secure your performance of this Agreement, you grant to Bytemark a lien on and security interest in your account. In addition, you acknowledge that Bytemark may setoff against any accounts you own for any obligation you owe Bytemark or our processing partners or our mobile app customers at any time and for any reason allowed by law. Bytemark may consider this Agreement as your consent to Bytemark’s asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
- 16.1 For YRT/Viva Bus Users Only. Bytemark’s Right to Setoff. To secure your performance of this Agreement, you acknowledge that Bytemark may setoff against Bytemark accounts registered in your name for any unpaid obligation you owe Bytemark or our processing partners or our mobile app customers at any time and for any reason allowed by law. Bytemark may consider this Agreement as your consent to Bytemark’s exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
- Choice of Law. This Agreement is governed by and interpreted under the laws of the state of Delaware, USA as such laws are applied to agreements entered into and to be performed entirely within Delaware.
- 17.1 For YRT/Viva Bus Users Only. Choice of Law. This Agreement is governed by and interpreted under the laws of the province of Ontario and the laws of Canada as applicable.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Bytemark may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, USA necessary to protect the rights or property of you or Bytemark, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- 18.1 For YRT/Viva Bus Users Only. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Ontario Arbitration Act, 1991. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the province of Ontario, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Bytemark may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario, Canada necessary to protect the rights or property of you or Bytemark, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Processing. Bytemark shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
- Closing Accounts and Limiting Account Access. Bytemark, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody.
Any of the following events may lead to your account being limited:
- Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank
- Receipt of potentially fraudulent funds
- Excessive disputes or reversals, or customer service issues
- Refusal to cooperate in an investigation or provide confirmation of identity when requested
- Sending unsolicited email or posting referral links on websites where they are not permitted
- Opening multiple Personal accounts
- The account has been used in or to facilitate fraudulent activity
- Violations of this User Agreement
- Use of an anonymizing proxy
- Reports from credit agencies of a high level of risk
- Logging in from a country where service is prohibited
Bytemark will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
- Termination. Bytemark, in its sole discretion, reserves the right to terminate this Agreement, access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
- Trademarks. Bytemark.co, BYTEMARK and all related logos, products and services described in this website (including without limitation the name or logo of the Transit Operator) are either trademarks or registered trademarks of Bytemark, Inc., or its licensors, or the Transit Operator, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bytemark or the applicable party. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bytemark and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bytemark.
- Patents. Bytemark’s Mobile Ticketing Platform is built with proprietary patented technology (U.S. Patent No. 9,239,993 and 8,494,967). Technologies in these patents may not be copied, imitated, or used, in whole or in part, without the prior written permission of Bytemark.
- Miscellaneous Disclaimers. Bytemark (and the Transit Operator) will not have any liability in connection with any unauthorized interception or use of data relating to you or the Bytemark , the Service; any inability by you to use or access the Service or the Bytemark website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Bytemark, Inc. (or the Transit Operator) does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers. For clarity, the Transit Operator does not own, operate, or provide the Service.
Tickets purchased through the Service are stored on your phone or other mobile device through the Service. It is your responsibility to use a charged and properly operating mobile device with Internet connectivityto access and use the Service. You are solely responsible at all times for the proper functioning of your mobile phone/device to activate and present your proof of payment.
Although Bytemark strives to provide information and content that is both useful and accurate, the nature of the data and other information contained on the Service may be subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, the information may not be up-to-date, accurate or complete.
- Miscellaneous Disclaimers. In no event shall Bytemark or the Transit Operator be liable (A) for damages caused other than by intentional misconduct;(B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Bytemark website, even if Bytemark, Inc. (or the Transit Operator) has been advised of the possibility of such damages; (C) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; or (D) the failure of a transit system to honor a ticket. In no event shall Bytemark, Inc. or the Transit Operator be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, labor dispute, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
- Security Features. Bytemark strongly suggests that you use a web browser with 128-bit encryption. However, regardless of whether you use a web browser with security features, Bytemark is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.