By using the App and its Services, or completing the registration process, you, as the person seeking to use the App, represent that you have read, understand, and agree to be bound by this Agreement, which establishes a contract between you, RTA, Token Transit Inc., and Moovit Inc. If you do not agree to or do not understand this agreement, you must not use the App, and you must use another means to pay the fare required to ride RTA.
Tickets purchased through the App are stored on your phone. It is your responsibility to use a charged and properly operating mobile device with Internet connectivity to access and use the App. You are solely responsible at all times for the proper functioning of your mobile phone to show proof of payment.
You will need to provide your payment (credit card) information to use the App to pay for your fare. If you are registering on behalf of an entity, you must provide personal contact and payment information about that entity. You agree that the information you provide is accurate and complete, and you agree to update that information if it changes. Your failure to provide accurate and complete information will be a breach of this Agreement and may result in termination of your account and of denial of access to the App. Information collected will only be used for the processing of your payment and will not be shared with any third parties for other uses. An active internet connection is required to access and use fare’s purchased through the App.
Any questions, issues, or concerns regarding the App must be directed to RTA’s customer service. You can contact Rideline by dialing 504-248-3900 or by visiting https://www.norta.com/help-and-contacts/feedback-and-customer-service.
By accessing the Website and applying to use the App, you represent and affirm that you are at least 18 years of age or have the permission of a parent or guardian. By using the App, you represent and affirm that you have the legal authority to access and use the credit card registered with the App and the Website for the payment of Fares. Any dispute, claim or controversy arising out of or relating to this Agreement will be settled by the Orleans Civil District Court.
Terms of Service
The New Orleans Regional Transit Authority (“RTA”, “we”, “our”, or the “Agency”) welcomes you (the “User” or “you”) to our website(s) at https://www.norta.com/ and to our downloadable mobile application (the “App” or “Le Pass”) and related public transportation information and payment services (collectively referred to as the “Service”, as further detailed below).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT, CONNECT, ACCESS, DOWNLOAD, OR USE THE SERVICE IN ANY MANNER.
By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the App. You may revoke your consent to any individually targeted communications at any time.
1. RTA Mobile Application Service
PLEASE NOTE: The App and the site make 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 service is activated. Certain features of the Service cannot be provided without this technology. These features of the App are provided by Moovit Inc. (Moovit) on behalf of RTA and further details are available in Moovit Privacy Notice.
RTA provides Users with a mobile application platform and web services enabling Users to plan and optimize public transportation trips. This includes providing Users with public transit related information, including live, offline and online map information, line and station views, routing, live arrivals and departures, estimated times of arrival and service alerts. It also includes relevant information including location of transit stops, name of transit agency, timetable and frequency of transit routes, delivers transit-related alerts and User advisories, as well as information regarding points of interest in the vicinity. The App further offers a dedicated platform for contribution of transit related data and information, including real-time and other user generated crowd sourced data and information, as well as data from other transit related Services and other alternative transportation methods, all in order to assist Users to plan and optimize transportation trips. (collectively, the “Public Transit Information”).
The App also integrates, provides and collaborates with third party providers to provide, additional transit and transit-related services, such as, but not limited to, on-demand transit services such as taxi-ride platforms and service providers, public bike-sharing services, car-on-demand rental services and related payment services. As part of the Public Transit Information RTA also delivers to Users information about such third party transit-related services. RTA continuously updates its Service with new offerings of new transportation means and transit related services and features, some of which may be experimental and/or offered in limited locations.
You must create an account with the App (“User Account”). Creating a User Account is not necessary for the use of the RTA Mobile Application Services, except that it might be required to enjoy specific features of the RTA Mobile Application Services.
Creating a User Account will allow you to add and retrieve (e.g. when downloading the Application on a different device) the following information: home address, work address or other favorite destinations, public transportation lines and stations and/or routes you may have saved, data reports provided by you as part of your User Content (as defined below), your in-app settings, your rank and user profile (“User Information”). RTA’s collection and use of your User Information as well as additional information about your travel habits which Moovit may collect, as set forth and subject to the Moovit’s Privacy Notice available at https://moovit.com/legal/privacy-policy-en/
A User Account will also allow you to add payment information for the purchase of fares, discussed in detail below. Payment information collected will only be used for the processing of your payment and will not be shared with any third parties for other uses.
You are solely responsible for maintaining the confidentiality of your Account. You agree to accept responsibility for all activities that occur under your Account. You are required to create a password for your User Account and if you have reason to believe that your User Account is no longer secure, then you must immediately notify us at email@example.com.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; and (ii) if the User of the Services is under the age of eighteen (18) or is under the age of legal eligibility and capacity in the jurisdiction applicable to such User you hereby confirm that you are the legal guardian of the User and both you and the User have read and agreed to these Terms and approved of the User’s continued use of the Service subject to these Terms; (iii) that you have not previously been suspended or removed from the Service; and (iii) that your use of the Service is in compliance with any and all applicable laws and regulations.
If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
4. Using the App to Purchase Fares
The Service allows you to purchase transit tickets which are listed and described in the App (the “Ticket(s)”). Creating an account and accessing some of the features of the Services are free; you will only be charged the price of the Ticket when you buy Tickets through the Service. Additional Ticket terms may apply. Tickets may expire after a certain period of time, as noted when purchasing Tickets and/or on the Agency’s website.
Discounted or Priority Rider Fare. When you purchase a discounted or priority rider ticket on the App you must confirm eligibility. For more information on discounted and priority rider fares please see: https://www.norta.com/ride-with-us/how-to-pay/fares.
When you purchase a Ticket through the Services, you will pay the amount of the Ticket as presented to you. Your payment is processed at the time you make your purchase. We reserve the right to change the permitted methods of payment (“Payment Method”), including without limitation, the credit cards that may be used with the Services, at any time. If complete payment is not received and verified at the time of your Purchase, your order will be cancelled and will not be processed.
The processing of payments will be subject to the terms, conditions and privacy policies of the provider of Ticket purchasing in the App, Token Transit Inc. and third party payment processor, collectively known as “Payment Processor”) in addition to these Terms. By agreeing to purchase a Ticket(s), you authorize RTA, through the Payment Processor, to initiate a charge to your Payment Method for the total purchase price of the Ticket(s). If RTA, through the Payment Processor, are unable to process payment from you, you agree to pay all amounts due on your Billing Account upon demand. The Payment Processor is responsible for settling Ticket payments to the Agency.
You may use Tickets and Program Passes you purchase in accordance with any applicable additional Ticket terms. Purchased passes and tickets are saved to your account electronically for later use as soon as your purchase is confirmed. To use your pass or ticket, a connection to the internet is required.
6. Current Information Required
You must provide current, complete and accurate information for your billing account, including your payment method. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, email address, debit or credit card number, or debit or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in the App. If you fail to provide any of the foregoing information, you agree that we may terminate your account. If we receive any updated information about your payment method from your bank or card issuer, you authorize us to update your billing account with such updated information and continuing charging the updated payment method, when you make a purchase through the Service.
7. Live Vehicle Position
Live vehicle positioning provided by the App is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data is found as the vehicles displayed are updated every 6-10 seconds. RTA does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the App.
8. User Representations and Undertakings
There are certain conducts, which are strictly prohibited on and/or with respect to the Site and/or the App. Your failure to comply with the provisions set forth below may result (at RTA’s sole discretion) in the termination or suspension of your access to the Site and/or App and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); (ii) use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (v) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) sell, license, or exploit for any commercial purposes any use of or access to the Service; (viii) frame or mirror any part of this Site without RTA’s prior express written authorization; (viv) create a database by systematically downloading and storing all or any of the content from the Service; (x) impersonate any person or entity or provide false or misleading personal information; (xi) use the Service for any illegal, immoral or unauthorized purpose; (xii) use the Service for non personal or commercial purposes without RTA’s express prior written consent.
10. User Generated Content
Certain features of the Service may permit Users to post and edit content, nickname, map data, transit related data, text, photos, report data gaps or errors and other types of works (collectively, “User Content”) and to publish User Content on the Service. Please ensure that when you use the Service, you respect the rights of others including any intellectual property, other proprietary rights and privacy rights of third parties who may have an interest or right in connection with the User Content you upload and/or provide to the RTA Mobile Application or the Service. RTA will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any User Content. Some User Content may only be contributed by you if you have created a User Account.
You hereby further acknowledge and agree that the User Content is non-confidential. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such User Content, on the Service, in any way. You hereby warrant that your User Content is true, current, accurate and complete.
You represent and warrant that you are the rightful owner of the User Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Content and/or the subjects of such User Content (e.g. individuals appearing in any photos uploaded by the User, if such subjects’ consent is required under applicable laws) and that such User Content does not infringe any third party’s intellectual property rights or other rights, including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights.
IT IS THE USER’S SOLE RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER CONTENT, INCLUDING WITH RESPECT TO THE UPLOADING OF ANY PHOTOS AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
Without derogating from the above, you expressly agree that the User Content that you post or upload will not include (i) any spam, unsolicited promotions, advertising, contests or raffles; (ii) content which is unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (iv) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (v) content that might reasonably pose a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Content do not constitute an exhaustive list.
RTA is under no obligation to edit or control User Content that you or other Users post or publish, and will not be in any way responsible or liable for User Content. Although RTA has no obligation to screen, edit or monitor any of the User Content, RTA explicitly reserves the right, at its sole discretion, to remove, edit, or block without giving any prior notice, any User Content available on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post on the Service at your sole expense.
If notified by a User or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, RTA does not permit copyright-infringing activities on the Service.
When you upload, post, publish or make available any User Content on the Service, you grant to (i) RTA an irrevocable, perpetual, non exclusive, royalty-free, transferable, assignable, fully sub- licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Content, along with the User Contacts that you submit in connection with such User Content, in connection with the Service, whether through the Internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) each User of the Service has a non exclusive and royalty-free license to access your User Content through the Service and to use such User Content for personal and non commercial purposes. RTA shall not bear any liability for any use by any third party of the User Content.
You acknowledge and understand that RTA may, at its sole discretion, delete or remove any of your User Content made available on the Service. You are solely responsible for the storage of your User Content.
11. Privacy and How Your Information Is Used
What Information We Collect
RTA collects personal information from you and from any devices (including mobile devices) you use when you install or have the App installed (or pre-installed) on your device, or when you use or access our Services, register for an account with us, provide us with information such as your location, favorites and travel habits, information on a web form, run searches on our Services, update or add information to your account, or through correspondence you conduct with us.
Use of Your Information
RTA may use information that we collect about you for the following purposes:
- to provide you with and to operate the Services, including for aggregation, statistical and research purposes and to create and use aggregated anonymous data which is necessary to maintain, develop and improve RTA’s services, including to determine navigation and routes, connect riders, and, at times, calculate costs of trips.
- to determine and ascertain User Accounts, verify User identity and enable Users, if relevant, to transfer or receive payments, which may include calculation of the costs for such services.
- to track your trips and aid you with navigation
- to process your payment for various features, such as ticketing.
- to personalize the Services and the content provided to you, to customize your user experience with the Services, to communicate with Users about their trips, including transport recommendations based on your preferences and to enable you to retrieve your information.
- to develop, improve and customize the Services, the experience of other Users and the offerings available through the Services.
- to be able to contact Users for the purpose of providing them with technical assistance and support, to handle requests and complaints, and to collect feedback in connection with our performance of the Services and in connection with public transportation needs.
- to send you updates, notices, announcements, and additional information related to the Services, such as changes in public transportation services or closures.
- to be able to reply to User online queries in connection with performance of the Services.
- to customize and improve the Service’s accuracy and interface.
- to comply with any governmental agencies’ legal requests or court orders, and/or with any applicable law, rule or regulation, such as reporting an abusive user or fulfilling tax regulation obligations with regard to promotions and which require the use of User data.
- to use the information to create statistical, aggregated or anonymous data which may be used at our discretion for any purpose
Retention of Your Usage and Location Data
The RTA will retain your usage and location data only for as long as is necessary for the purposes as outlined in this policy. We will retain and use your usage data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The RTA will also retain usage and location data for internal analysis purposes. Usage and location data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or we are legally obligated to retain this data for longer time periods.
12. Intellectual Property Rights
The Service, the User Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Moovit’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to RTA, and are subject to copyright and other applicable intellectual property rights. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to RTA’s proprietary rights, including RTA’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
All logos and other proprietary identifiers used by RTA in connection with the Service, (“RTA Trademarks”) are all trademarks and/or trade names of RTA, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to RTA Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to RTA Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of RTA and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of RTA marks and logos, whether registered or not.
13. Third Party Services
The Service may be linked to and/or through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that RTA has no control over such Third Party Services, and further acknowledge and agree that RTA is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
14. Third Party Components
The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and RTA disclaims all liability related thereto. You acknowledge that RTA is not the author, owner or licensor of any Third Party Components, and that RTA makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and RTA’s service providers and contractors. RTA does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
16. Changes to the Service
RTA reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that RTA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
17. Disclaimer and Warranties
User acknowledges by agreeing to the terms herein that RTA provides no warranties as to the performance, correctness, functionality, or suitability of the service for any particular purpose. RTA does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. the service (and any part thereof), including without limitation any content, data and information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non- infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
RTA disclaims and makes no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated in connection with your or any user’s use of the service.
RTA does not warrant that the operation of the service is or will be secure, accurate, complete, uninterrupted, without error, or free of viruses, worms, other harmful components, or other program limitations. RTA may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve and make any other changes to the service at any time, or discontinue displaying or providing any content or features without any notice to you.
You agree and acknowledge that the use of the service, including use of and/or reliance on any content available through the service, is entirely, or otherwise to the maximum extent permitted by applicable law, at your own risk.
18. Limitation of Liability
In no event shall RTA be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the service, use or inability to use the service, failure of the service to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any users and/or third party services.
No action may be brought by you for any breach of these terms more than one (1) year after the accrual of such cause of action.
Such limitations, exclusions and disclaimers shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise. you hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for RTA’s services to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if RTA has been advised of the possibility of such liabilities and/or damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and in no event shall RTA’s cumulative liability to you exceed amounts paid to RTA for use of the service. if you have not made any payments to RTA for the use of the service, then RTA shall not have any liability towards you.
You agree to defend, indemnify and hold harmless RTA from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and (v) your violation of any applicable law or regulation.
20. Amendment of Terms
21. Termination of Service
At any time, RTA may block your access to our Service and/or temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to RTA under any applicable law. Such actions by RTA may be taken if RTA deems that you have breached any of these Terms in any manner.
Additionally, RTA may at any time, at its sole discretion, cease the operation of our Service or any part thereof, temporarily, or permanently, without giving any prior notice. You agree and acknowledge that RTA does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: firstname.lastname@example.org.
By contacting us, you represent that you are free to do so and that you will not knowingly provide RTA with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to RTA, and RTA may use or refrain from using any such information at its sole discretion.