Terms and Conditions

Terms and Conditions

Privacy
Berks Area Regional Transportation Authority (BARTA) takes the privacy of its users very seriously. Online service providers are legally required to obtain consent of the parent or guardian before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not create a BARTA GoMobile account.

The BARTA GoMobile Application by Modeshift
• Berks Area Regional Transportation Authority (BARTA) allows a rider to buy (or receive) and use transit passes through our custom mobile app (also referred to as the “BARTA GoMobile App”). This custom mobile app was created by Modeshift. These Terms apply to your use of our Services.
• You must have a BARTA GoMobile account to use the Services; you can create one via the BARTA Mobile App.
• When you access the BARTA Go Mobile App, you will be required to sign up for an account and provide an e-mail and/or telephone number for account verification purposes. You shall provide us with accurate, complete, and updated information about yourself. You may not transfer your account to anyone else without prior written BARTA permission.
• You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and your parent or guardian has agreed to these Terms on your behalf).
• You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
• You must protect the security of your account and your mobile device, and you are responsible for any activity associated with your account.

Purchasing Tickets.

• The Services allow you to purchase certain BARTA tickets which are listed and described in the BARTA Go Mobile App. If any issues arise with such Tickets, you must contact BARTA.

Creating a BARTA Go Mobile 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 Services. Additional Ticket terms may apply. Tickets may expire after a certain period of time, as noted when purchasing Tickets.

Purchase and Payment.

• When you purchase a Ticket through the App, you will pay the amount of the Ticket as presented to you. We use a third-party payment processor to charge your designated payment method. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors caused by the Third Party App Provider, or Agency. By agreeing to purchase a Ticket(s), you authorize us, through the Payment Processor, to initiate a charge to your Payment Method for the total purchase price of the Ticket(s). If we, through the Payment Processor, are unable to process payment from you, you agree to pay all amounts due on your Account upon demand.
• BARTA does not at any point hold, own or control funds, actually or constructively receive, take possession of or hold any money or monetary value for transmission, or advertise, solicit or hold itself out as receiving money for transmission.

Legal Provisions

Warranty Disclaimer. Neither BARTA nor its licensors or suppliers makes any representations or warranties, nor provides any conditions concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties, and provide no conditions, regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty or condition of any kind from BARTA, Modeshift or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY Modeshift (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL,EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OF OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BARTA or Modeshift (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION;

2. ANY DIRECT DAMAGES ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 AND (II) THE AMOUNTS PAID BY YOU TO Modeshift IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM; AND

3. ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold BARTA, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BARTA’s prior written consent. BARTA may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Disputes. In the United States, these Terms are governed by and will be construed under the laws of the State of Pennsylvania. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in any court of competent jurisdiction in the jurisdiction in which you reside. Each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Miscellaneous. The failure of either you or BARTA to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BARTA agree that unless expressly stated otherwise in these Terms, these Terms are the complete and exclusive statement of the mutual understanding between you and BARTA, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BARTA, and you do not have any authority of any kind to bind BARTA in any respect whatsoever.