SC On Demand by Via - Terms of Use
Last Updated: June 26, 2023
1. Acceptance of Terms of Use
The Strathcona County On-Demand mobile application ("App") is available as an Android and iOS mobile application that allows you to book rides on the on demand transit service offered by Strathcona County ("County").
The County provides the App subject to the following Terms of Use Agreement ("Agreement"). The Agreement may be amended by the County at any time and from time to time. By accessing and using the App, you accept and agree to be bound by this Agreement. By installing and using the App, you are confirming that you are bound by these terms of use and this Agreement and that you are fully able and competent to accept and be bound by the terms of this Agreement.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. YOUR USE OF THE APP IS SUBJECT TO THIS AGREEMENT, INCLUDING ANY AMENDMENTS. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, THEN DO NOT INSTALL OR USE THE APP.
2. No representations, no warranties, and no liability of the County
By providing the App, the County makes no representations or warranties that any information or content provided to you through the App is accurate, complete, reliable, or error-free. All content, information, and services provided to you through the App are provided on an "as available" and on an “as is” basis. The County disclaims all representations, warranties, or conditions, whether express or implied, related to the App or other products and services contemplated under this Agreement (including but not limited to implied warranties and conditions of merchantability and fitness for any particular purpose).
The County does not assume any responsibility for the content or quality of the App or any content therein. The County is not liable to you for any damages whatsoever, including but not limited to direct, indirect, incidental, consequential, special, or other damages, in any way arising from or related to your use of, or access to, or inability to use or access the App.
3. Your risk, responsibility, and indemnity
You agree to comply with all applicable laws and to not engage in any illegal conduct when accessing and using the App. Your use of the App is solely at your own risk and you are fully responsible for any consequences arising from your use of the App. You assume all responsibility for obtaining access to and using the App, and that access and use may involve third-party fees (such as internet service provider or airtime charges) for which you are solely responsible.
If the County provides any links or other direction to third party content or websites through the App, you agree that the same is provided solely as a convenience to you and if you decide to access such external links or websites that you do so entirely at your own risk. The County is not responsible for the content and privacy practices of other websites and the County encourages you to examine the privacy policy and disclaimer of each site and make your own decisions regarding the disclosure of your personal information to that site.
You indemnify and hold harmless the County and its elected officials and employees from and against any and all liability for losses, costs, damages, disbursements and expenses (including legal fees actually incurred on a solicitor and own client basis), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought, or prosecuted, in any way based upon, occasioned by, or attributable to your connection to or use of the App or breach of or failure to comply with this Agreement.
4. Restrictions on and licence to access and use
The App and all of its contents may not be used or reproduced without the express written consent of the County. You shall not copy, repackage, redistribute, or modify the App or its contents, in whole or in part, in any manner whatsoever.
The County grants you a limited, non-exclusive, non-transferable licence to access and make personal use of the App for the non-commercial purpose of booking rides on the on demand transit service offered by the County. Any unauthorized use of the App automatically terminates the licence granted by this Agreement.
5. Collection, retention, use, and disclosure of your personal information
To use the App, you must provide certain personal information. The County utilizes Via Mobility LLS to support the provision of the App, and so that personal information may be provided to Via. By accessing and using the App, you accept and agree to be bound by the County's privacy policy and the collection of personal information.
IF YOU DO NOT AGREE WITH ANY PART OF THE COUNTY'S PRIVACY POLICY OR THE COLLECTION OF YOUR PERSONAL INFORMATION, THEN DO NOT INSTALL OR USE THE APP.
You agree not to create more than one user account, and to not create a user account for another person unless you have the legal authority to do so. You agree to not provide any false information for purposes of creating a user account and that you are solely responsible for maintaining accurate, complete, and up-to-date information in your user account. You will not share your access credentials with, or all access to your user account by, another person.
6. Collection of other information
We may collect and store your location information if you enable your mobile device to send it to us. We may also collect information that identifies the mobile device you are using. Collection of this information improves the provision of the App. You may opt-out of location-based services at any time by editing the setting at the device level.
We may collect and store information that is generated automatically as you use the App, including your preferences and anonymous usage statistics. When you visit the App, we may receive and record information on our server logs from your browser, including your unique device ID, IP address, and from cookies and similar technology. We may use information collected through these tracking technologies to remember information so that you won’t have to re-enter it on subsequent visits, to provide and monitor the effectiveness of the App, to automatically update the App on your mobile devices, and for other purposes. Most browsers allow you to block and delete cookies, though depending on your mobile device you may not be able to delete tracking technologies from your device. Deleting or blocking cookies and other tracking technology may cause the App to not work properly. By using the App, you are authorizing us to gather, parse, and retain data related to the provision of the Service.
7. Your consent to communications
You agree that by entering into this Agreement or accessing or using the App that the County, the County's service provider, Via Mobility LLC (and its agents and affiliates), or both, may send you text messages, calls, emails, and other communications for transactional, administration, and operative purposes (including but not limited to communications concerning your account or access to or use of the App). These communications may use pre-recorded or artificial voice messages and may be generated by automatic telephone dialing systems. Message and data rates may apply.
8. Modification, suspension, discontinuation, and termination
The County may at any time and from time to time modify, suspend, or discontinue, temporarily or permanently, the App or any part of the App, with or without notice to you. You agree that the County will not be liable to you, or to any third party, for any modification, suspension, or discontinuation of the App or any part of the App.
At any time and from time to time, and for any reason whatsoever (including but not limited to repeated cancellations or no-shows) and in the County's sole discretion, the County may suspend or terminate your access to and use of the App or any portion of the App, or may refuse your current or future access to and use of the App or any portion of the App, or immediately terminate this Agreement without notice to you.
9. Severability, waiver, and governing law and jurisdiction
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability attaches only to such provision and all other provisions in this Agreement remain in full force and effect. The County's failure to assert any provision or right under this Agreement is not a waiver by the County of such provision or right.
This Agreement, and the access to and use of the App, is governed by the laws of the Province of Alberta, and the courts of the Province of Alberta located in Edmonton have exclusive jurisdiction to determine all disputes and claims arising with respect to this Agreement. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
