Terms of Service
Effective Date
This policy is effective as of April 12, 2021. Last updated: April 12, 2021
Section 1- Introduction
These Terms of Service (“Terms of Service”) govern your access or use of applications, websites, content, products, and services (the “Services”) made available by Delaware Transit Corporation (“DTC” or “we”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services is your agreement to these Terms of Service, which establish a contractual relationship between you and DTC. If you do not agree to these Terms of Service, you may not access or use the Services. DTC may amend these Terms of Service. Amendments will be effective upon DTC’s posting of updated Terms of Service at this location. Your continued access or use of the Services is your consent to be bound by the Terms of Service, as amended.
DTC’s collection and use of personal information in connection with the Services is as provided in DTC’s Privacy Policy located at https://dartfirststate.com/Programs/dartconnect/index.shtml?dc=privacypolicy
You acknowledge that any information you submit to Delaware Transit Corporation is subject to public inspection and copying under the Delaware Freedom of Information Act.
Section 2 - The Services
The Services is a technology platform that enables users of DTC’s DART Connect mobile app (the “App”) to, request, schedule, track, and pay for rides provided through the App’s on-demand microtransit service. The Services are made available solely for your personal, noncommercial use.
The Services are currently being offered as a pilot, and are limited in capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected based on the limited capacity of the Services during the pilot and our anticipation of demand for the Services and have no discriminatory rationale or intention.
Section 3- Eligibility to Use the Service
By using the DART Connect app, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization“), then you represent and warrant that you:
- are an authorized representative of that Organization;
- have the authority to bind that Organization to these Terms; and
- agree to be bound by these Terms on behalf of that Organization.
Section 4 - Your Account and Log-In Credentials
To use the Services, you will need to create a profile log-in by providing a username, email address, and cellular phone number (“Account”). Your Account is personal to you, and you may not share your account information with, or allow access to your Account by, any third party. You agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your Account, and any device that you use to access the Services.
You are responsible for your log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Services. You warrant that the information you provide to DTC upon use of the Service and at all other times will be true, accurate, current, and complete.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify DTC at DTC_DARTConnect@delaware.gov You will be solely responsible for the losses incurred by DTC and others due to any unauthorized use of your Account.
If you choose to set up your Account to electronically pay, you will be required to provide a valid payment method (either a credit card or accepted payment partner such as DART Pass, DTC’s mobile payment app). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date will limit the option to pay for Services with a credit card. You grant DTC the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into DTC’s security systems or DTC’s vendors' security system, or by intercepting transmissions of personal information over the Internet. DTC is not responsible for any data obtained by third parties in an unauthorized manner.
Section 5- License
Subject to your compliance with these Terms of Service, DTC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by DTC and its licensors.
Although DTC strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. The content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
Section 6 - Code of Conduct
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
Section 7 - Mobile Ticketing
A mobile ticket refers to a type of pass, downloaded through the App using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. You may opt to download DTC’s mobile payment app, DART Pass, to render payment for the Services. In the event that the pass or your mobile device is lost or stolen, DTC will not provide a duplicate or replacement pass. Your mobile pass should be activated and displayed clearly on the mobile device screen when asked by DTC’s bus operator to view the mobile pass. A valid mobile pass must be retained during your entire journey. If the mobile pass has been damaged or is not readable in any way, the pass becomes invalid and a new one must be purchased. You cannot print or transfer mobile passes.
Section 8 - Consent to Receive Emails and Text Messages
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from DTC at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
Section 9 - Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. DTC does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Section 10 - Disclaimer
The Services are provided “As is” and DTC cannot guarantee that it will work perfectly all of the time. To the extent permitted by law, DTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Section 11 - Limitation of Liability
DTC’s liability is limited as much as the law will allow, including any lost profits, revenues, information, data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if DTC is aware of the possibility of such damages. In no event shall DTC’s liability to you in connection to the Services for all damages, losses, and causes of action exceed $100.
Section 12 - Indemnity
You agree to indemnify and hold DTC, the State of Delaware, and its officers, directors, employees, and agents harmless from any and all liability, suits, actions, or claims, together with all costs and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; regardless of whether such suits, actions, claims, or liabilities are based upon acts or failure to act attributable, in whole or part, to DTC, the State, its employees or agents., without, however waiving any governmental immunity available to DTC.
Section 13 - Termination
These Terms of Service shall remain effective until terminated in accordance with its terms. DTC reserves the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, DTC reserves the right, in its sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that DTC may immediately deactivate or delete your user name, and all related information and files associated with it, and/or bar any further access to such information or files.
Section 14 - Choice of Law
These Terms of Service and the rights of the parties are to be governed by, and construed, and interpreted in accordance with, the laws of the State of Delaware.
Section 15 - General
You may not assign these Terms of Service without DTC’s prior written approval. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. DTC’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DTC in writing.
Effective Date
This policy is effective as of April 12, 2021.
