TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before using the Service.

These Terms include the University Students’ Council Privacy Policy, which is incorporated by reference into these Terms.

This agreement is a legally binding contract. It may change as our Services changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes.

Binding Agreement. 

These Terms constitute a binding agreement between you and the University Students’ Council and its affiliates and subsidiaries (“USC,” “Company,” “we,” “us”). “You” and “users” shall mean all users of the Service.  You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.

Revisions to Terms.

We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.

The Service

The “Service” means any website, mobile application, or transportation service under the USC’s control or its affiliate technology provider, Via Transportation, Inc. (“Via”). Whether partial or otherwise, in connection with providing Via’s online platform that connects users with vehicle-sharing transportation providers in London, Ontario. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation,” and each ride taken through a Reservation is a “Ride.”

By using the Service to make a Reservation for a Ride, you are electing to use a ridesharing transportation service.

Eligibility to Use the Service

No one under the age of 18 is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have consent to do so from a parent or guardian. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at mustang-on-demand@westernusc.ca

Your Account

You are responsible for your login credentials and for keeping your information accurate.

You are responsible for any activity resulting from the use of your login credentials on the Service.

You represent and warrant that the information you provide to the Company upon use of the Service and at all other times will be true, accurate, current, and complete.

To use the Service, you may need to login by providing a username, password, and cellular phone number.  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. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

You agree to notify us immediately of any breach in secrecy of your login 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 the Company by email to mustang-on-demand@westernusc.ca. You will be solely responsible for the losses incurred by the Company and others due to any unauthorized use of your account.

General Conduct Rules

• Students will only be permitted to board the van within the designated Mustang on Demand service area.
• Please have a valid University student identification card ready to show to the van driver before entering van. (No one will be allowed to board van without a valid University of Western Ontario Student ID Card or valid temporary pass, no exceptions)
• Please wait for van to come to a full stop and doors are opened before approaching van. 
• Please allow students leaving van to exit first. (This allows the driver to determine the amount of seating available.)
• Only one person per seat is allowed in the vans.
• Seatbelts must be worn in the van.
• Once the van has reached its destination, please remain stationary until the van comes to a complete stop.
• Please ensure that all items are stored out of the aisles.
• No eating or drinking is allowed in vans. Food or drink must be in a closed container and must remain closed while in the vans.
• Weapons of any type are prohibited in the van bus.
• Smoking is prohibited in van buses.
• Please be courteous to the drivers and other passengers and keep your voice levels within a normal speaking range.
• Due to the limited amount of seating for University students and insurance liability issues, no children or non-university students or personnel are allowed to ride in the van unless in possession of a valid temporary pass.
• Animals other than those accompanying visually impaired students are prohibited in the van.
• Threats made against anyone in the van, harassment of anyone in the van, and/or refusal to exit van is prohibited and will be reported to appropriate authorities.

Additional Guests

If you make a Reservation and a guest is traveling in your party, you, as the account associated with the Reservation, are responsible for the conduct of everybody traveling in your party.

When you make a Reservation, you must indicate a guest will be in your party.  If you do not, we reserve the right to refuse service to your guest.

Third-Party Content Disclaimers, Limitations, and Prohibitions.

You are responsible for your actions when using and relying on the Service or content available on the Service.

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties (“Third-Party Content”). The USC does not endorse any, nor is it responsible for, Third-Party Content on the Service.

You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. 

You may not:

1. Attempt to interfere with, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
2. Use data mining, robots, web spiders, viruses or works, or other data gathering devices on or through the Service, including any program that unduly burdens or hinders the operation or performance of the Service;
3. Post incomplete, false, or misleading information, impersonate another person or misrepresent your affiliation with a person or entity

Consequences of Violating These Terms.

If you do not act acceptably, we may prohibit your use of the Service.

We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. The USC reserves the right to involve and cooperate with federal, provincial, and local law enforcement authorities in prosecuting users to violate these Terms in a criminal manner.

We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.

Payments and Billing

The USC does not charge a “fee” for direct use of the public transportation Services. The USC collects a fee from all Western University undergraduate students to run this service, payable with tuition on fee statements. This fee is non-refundable.

USC’s Liability.

We are not liable for the actions of users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.

Changes to the Service. 

We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.

User Disputes. 

We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the USC of all claims, demands, and damages in disputes among users of the Service.  You also agree not to involve us in such disputes.

Content Accuracy. 

We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Use the Service at your own risk

Disclaimer of Warranties.

You use the Service at your own risk. We make no warranties or guarantees.

Released parties include the USC and its affiliates, officers, employees, agents, partners, and licensors.

You expressly understand and agree that: (i) your use of the service is at your sole risk, and the service is provided on “as is” and “as available” basis. The released parties make no warranty that the service will meet your requirements and that the service will be uninterrupted, timely, secure, or error-free.

Limitation of Liability and Indemnification. 

We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for released parties.

You expressly understand and agree that the released parties shall not be liable to you for any direct, indirect, incidental, consequential, or exemplary damages.

Communications

The USC or Via, may communicate with you by email, text message, or posting notice on the Service. You may request that we provide notice of security breaches in writing.

You agree to receive emails from us at the email address you provided to us for customer service-related purposes.

Electronic Notices. 

By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact Via at support@ridewithvia.com.

SMS Text Messages.

We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick up location, (iv) when your vehicle is at the designated pick up location, and (v) when you reset your password with the service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.

University Students’ Council (USC) Content Ownership and Use

The USC owns or has rights to all of the content we make available through the Service, but you may use it as you use the Service. You cannot use our logo without our written permission.

The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, images, music, software (excluding the Service), audio, video, information, or other materials.

The contents of the Service includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other. The USC content are the property of the USC or its licensors and are protected under copyright, trademark, and other laws (collectively, “USC content”). All USC content and the compilation (meaning the collection, arrangement, and assembly) of all USC content are the property of the USC or its licensors and are protected under copyright, trademark, and other laws.

License to you.

We authorize you, subject to these Terms, to access and use the Service and the USC content solely to make Reservations. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the USC content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.

USC Marks.

USC, the USC logo, mod, the Mustang-on-Demand logo, and other USC logos and product and service names are trademarks of the USC (the “USC Marks”).  Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the USC Marks.

General Terms

The USC does not waive its sovereign immunity or its governmental immunity by entering into this Agreement and fully retains all immunities and defenses provided by law with regard to any action based on this Agreement. Any actions or claims again the USC under this agreement must be in accordance with local, provincial, and federal laws.

The Parties hereto agree that (i) the laws of Ontario, shall govern this Agreement; (ii) any questions arising hereunder shall be construed according to such laws; and (iii) this Agreement has been negotiated and executed in the Province of Ontario and is enforceable in the courts of Ontario.

These Terms constitute the entire agreement between you and the USC concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.