Terms and conditions of use
Last updated March 15th, 2023
TranSapp Chile SpA (“TranSapp” or the Company) welcomes you to its mobile application (“Belize City E-Ride App”) and its transportation information delivery service. By downloading, accessing or using the application you acknowledge and agree that you have read and understood the following terms and conditions of use, including the terms of our Privacy Policy available at the end of this document, which you accept with all laws and regulations that apply to your use of this service and acknowledge these terms and conditions as a legal contract between the Company and you.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CONNECT TO, ACCESS, DOWNLOAD OR USE THE SERVICE IN ANY WAY.
By agreeing to the terms and conditions, you must submit information that is true and as accurate as possible. The submission of any information through the Service that is false or fraudulent is strictly prohibited.
You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email or within the application via push notifications. You may revoke your consent to any of these communication channels at any time.
1. Company Service
For the optimal provision of the Service it is necessary that the user gives access to the GPS signal in order to determine his route and to the storage device for the operation of the map and the possibility to report using images obtained with the camera of the mobile device. Some features of the Service may not be provided without this technology.
The Company provides users with a mobile application and web platform to improve the quality of public transportation service. This includes providing the user with information on bus arrival times, online maps, service routes, bus stops and information from reports provided by other users, all in order to help the user make better route decisions.
IMPORTANT NOTE: Arrival time information such as the position of the buses on the routes is provided by a third party and the Company is not responsible for the downtime of that service. You accept and agree that the Company shall not be liable directly or indirectly for any damage or loss which this may cause or may claim to cause you in any connection with the use of this service.
2. User Account
You may choose to create an account on the mobile application using your social media account such as Facebook or Google. The creation of a user account is not required for use of the Service, except for the use of certain features that require it, in which case it will be specified.
Creating a user account will allow you to retrieve your information if you install the application on different devices. By creating an account via a social network such as Facebook or Google you allow the Company access to your public profile on that social network, i.e. your username and email address. The use of this information as well as additional information provided by your travel habits and reports are detailed in the Privacy Policy.
You will be solely responsible for maintaining the confidentiality of your user account. You agree to accept responsibility for all activities that occur under your account. You will be required to create a password for your social network account (Facebook or Google), and if you have reason to believe that your social network account and therefore your account on the mobile application is no longer secure, then you must immediately notify us at contacto@transapp.cl.
3. Children’s Information
The Company wishes to avoid collecting information from persons under the age of 18. If parents or other legal guardians believe that children under their supervision should not use the Mobile App with a user, we ask that they send a request to our contact email to have this information removed and not allow access to the system for that user going forward, only allowing use of the application in anonymous mode.
4. User Representations and Undertakings
You represent and warrant at all times during your use of the application that: (i) you have full authority to agree to these terms, and no restriction, limitation, contractual obligation or legal obligation prevents you from fulfilling your obligation under this agreement; (ii) you are and will continue to be in compliance with all governmental (state, local and community) laws, rules and regulations and regulatory requirements relating to the Service; (iii) your use of the Service has not been previously blocked, suspended or terminated; (iv) you do not authorise any third party to do the foregoing; and (v) you will not violate any of the terms.
5. Restrictions on Use
There are certain behaviours that are strictly prohibited when using the Mobile App, in the event that you engage in any of them this may result in termination or suspension of your access to the App.
You must not, either by you or anyone on your behalf: (i) use the Service and/or any connection with spam, unsolicited email, harassment, wire fraud or similar conduct; (ii) interfere with or violate any privacy rights of another user or a third party or other right including intellectual property, or collection of personal information of any user of the Mobile Application without their express consent, including the use of robot, spider, information retrieval applications, or any other manual or automated information gathering, indexing or data mining processes; (iii) defame, abuse, harass, threaten, or otherwise violate the legal rights of others; (iv) transmit or make available the connection of any virus, worm, Trojan horse, time bomb, spyware, or any computer code, file, or program that may damage the operation of any hardware, software, or telecommunications equipment; (v) interfere with or disrupt the operation of the Service or the servers or network hosting the Service, or disobey any requirements, procedures, policies or regulations of those servers or networks; (vi) sell, license, or exploit for any commercial use or any use of or access to the Service; (vii) create a database with systematic or manual downloading and storage of all or any content from the Service; (viii) impersonate any person or entity or provide false or misleading information; (ix) use the Service for any illegal, immoral or unauthorized purpose; (x) use the Service for commercial or non-personal purposes without the express written consent of the Company.
6. User Generated Content
Some features of the Service may allow users to post and edit content, nicknames, map data, transit-related data, text, photos, event reports (collectively, “User Content”). Please ensure that when using the Service, you respect the rights of others including any intellectual property, other proprietary or privacy rights or any third party who has an interest in or the right to obtain the User Content that you upload and/or provide to the Mobile Application. The Company shall not be liable for any loss, damage, cost or expense you may suffer as a result of uploading any content. Some content may be contributed by you only if you have created a user account.
You acknowledge and agree that User Content is not confidential. You understand and agree that you alone are responsible for your User Content and the consequences of posting such content on the Service in any manner. You warrant that your User Content is true, current, accurate and complete.
You represent and warrant that you are the owner of the User Content you upload to the Service or that you have (and will continue to have) all necessary licences, rights, consents, and permissions from the owners of such User Content and/or the subjects of such User Content (e.g., individuals appearing in any photos uploaded by you, if such consents from the subjects are required under applicable law) and such User Content does not infringe any third party’s intellectual property or other rights including any other proprietary rights.
IT IS THE SOLE RESPONSIBILITY OF THE USER TO OBTAIN ALL CONSENTS REQUIRED UNDER APPLICABLE LAWS SAFEGUARDING THE PUBLICATION OF ANY PERSONAL INFORMATION OF OTHERS WHO ARE PART OF THIS USER CONTENT, INCLUDING ANY RESTRICTIONS UNDER APPLICABLE LAWS WHEN UPLOADING ANY PHOTOGRAPHS THAT SAFEGUARD SUCH INFORMATION.
Without limiting the foregoing, you expressly agree that the User Content you post or upload will not include (i) any spam, advertising, contests or sweepstakes; (ii) content that is unlawful, defamatory, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iii) content that discriminates on the basis of race, origin, ethnicity, religion, nationality, gender, occupation, sexual orientation, disease, mental or physical disability, political viewpoint or socioeconomic class; (iv) content that encourages criminal conduct or conduct that would constitute a criminal act under the law, which may be actionable; or (v) content that endangers a person’s safety, security or health.
The Company has no obligation to edit or monitor User Content that you or any other user posts, and shall not be liable in any way for any User Content. Although the Company has no obligation to post, edit or monitor any User Content, the Company explicitly reserves the right to remove, edit or block without notice any User Content available on the Service at any time and for any reason, you are responsible for creating backup copies of any User Content you require at your own expense.
If a user or content owner notifies us that User Content does not comply with these terms, the Company will investigate the allegation and determine in our sole discretion whether to remove that User Content, and we reserve the right to do so at any time and without notice. For clarification, the Company does not permit copyright infringing activities on the Service.
When you upload, post, publish or create any User Content available on the service, you grant to (i) the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable, worldwide license, to use, reproduce, distribute, transmit, create derivative works of display, copy, make available to the public that User Content, together with the user contact you register by connecting to your User Content and (ii) each user of the service has a non-exclusive, royalty-free license to access your User Content through the service and to use that User Content for personal, non-commercial purposes. The Company shall have no liability for any third party use of User Content. In addition, you hereby expressly waive any moral rights you may have in User Content and forever waive and agree not to claim or assert any rights to any and all moral rights in any User Content.
You acknowledge and understand that the Company may, in its sole discretion, delete or remove any User Content available on the service. You are responsible for storing your User Content.
7. Feedback and Comments.
In the event that the User submits to the Company any suggestions, feedback or comments relating to the Site, Service and/or Public Transport Information (collectively, “Comments”), such Comments are deemed in their entirety to be the sole and exclusive property of the Company, and the User hereby irrevocably assigns to the Company all of its rights and interest in and to all Comments, if any, and waives any moral rights it (or anyone on its behalf) may have in such Comments. Without limiting the foregoing, the User represents and warrants that it will not provide any Comments that are subject to any third party rights or any limitations, and, without limiting the foregoing, will promptly inform the Company as soon as it becomes aware of any third party rights or limitations that may apply to any Comments already provided.
8. Privacy Policy.
The Company respects your privacy and is committed to protecting the information you share with it. Our policy and practices and the types of information collected are described in our Privacy Policy available at https://transapp.cl/privacy-policy-belize-city-e-ride-app/. If you intend to connect to, access or use our Services, you must first read and agree to the Privacy Policy.
9. Intellectual Property Rights.
The Service, User Content, design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, the Company’s proprietary software, algorithms and any intellectual property, including but not limited to inventions, patents and patent applications, trademarks, trade names, logos, copyrighted materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, data, technical data, technical features, interactive features, source and object code, files, interface, GUI and trade secrets, if not copyrighted and/or copyrightable (or copyrightable), source and object code, files, interface, GUI and trade secrets, specifications, methods, procedures, information, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not copyrighted and/or copyrightable (collectively, “Intellectual Property”), which is owned and/or licensed to the Company, and are subject to copyright and other applicable intellectual property rights under Belize law, foreign law and international conventions. You may not copy, distribute, display, publicly perform, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, loan, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Company’s proprietary rights, including the Company’s intellectual property, whether by you or anyone else on your behalf, in any manner or by any means, unless expressly permitted in the Terms and Conditions.
All logos and other proprietary identifiers used by the Company in connection with the Service are all trademarks and/or trade names of the Company, whether registered or unregistered. All other trademarks, service marks, trade names and logos, which may appear on or in connection with the Service belong to their respective owners (“Third Party Marks”). No right, licence or interest to the Company.
Trademarks and/or Third Party Marks are granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company or Third Party Marks and therefore, you shall avoid using any such marks, unless expressly permitted herein. You are hereby prohibited from removing any or all of the copyright notices, restrictions, and signs indicating proprietary rights of the Company and/or its licensors, including the copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will comply with all applicable laws in this regard. In addition, you are prohibited from using, diluting or dyeing any name, mark or logo that is identical or confusingly similar to any of the Company’s trademarks and logos, whether registered or unregistered.
10. 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 of the Service. You hereby acknowledge that the Company has no control over such Third Party Services, and further acknowledge and agree that the Company is not responsible for the availability of Third Party Services, and does not endorse and is not responsible or liable for any goods, services, content, advertising, products or any materials available on and/or through such Third Party Services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss that is caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other material available on and/or through a Third Party Service. Most Third Party Services provide legal documents, including terms of use and privacy policy governing the use of each such Third Party Service, its content and services. We encourage you to read these legal documents carefully before using such Third Party Services.
11. Third Party Components
The Service may use or include third party software, files and components that are subject to open source and third party licence terms (“Third Party Components”). Your right to use such Third Party Components that are part of or related to the Service is subject to the applicable acknowledgements and licence terms accompanying, contained in or related to such Third Party Components. If there is a conflict between the licence 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 Component. These Terms do not apply to Third Party Components that accompany or are contained within the Service and the Company disclaims all liability in connection therewith. You acknowledge that the Company is not the author, owner or licensor of any Third Party Components, and that the Company makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of the Third Party Components. Under no circumstances shall the Service or any portion thereof (other than the Third Party Components contained therein) be considered “open source” or “publicly available” software.
12. Additional Company Services
Each User, using the services mentioned below, shall ensure that it shall have in full force and effect a written agreement (in the form of terms of use, terms of service otherwise) with its end users governing the relationship between the User and the end user, containing appropriate disclosures and obtaining all rights, permissions, authority, approvals and informed consents of such end users, in accordance with applicable law and the Company’s Privacy Policy, to enable the Company to perform its Service, including accessing, storing, collecting analytics, processing, transferring viewing and other uses of end user data for the purpose of providing the Service.
The Company may, in its sole discretion, request that any User, using the additional services listed above, remove such link or other connection to the Company at any time. Furthermore, you shall not be entitled to any consideration for the use of the additional services unless the Company explicitly agrees otherwise.
13. Availability
The availability and functionality of the Service depends on a number of factors, such as communication network software, hardware, suppliers and the Company’s service contractors. The Company does not warrant that the Service will operate and/or be available at all times without interruption or that it will be immune from unauthorized access without error.
14. Changes to the Service
The Company reserves the right to modify, amend, correct, amend, improve or make any changes to discontinue, temporarily or permanently the Service (or any part of the Service, including but not limited to the Content) without prior or subsequent notice and at its sole discretion. Furthermore, you hereby acknowledge that the content delivered by the service may be changed, extended and generated or removed at any time without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of your service.
15. Disclaimers and Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAKES NO WARRANTIES OF PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, INABILITY TO USE OR ITS OPERATION, OR THE RESULT 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 WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR APTITUDE FOR A PARTICULAR PURPOSE OR USE.
THE COMPANY AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “TRANSAPP”), COLLECTIVELY AND SEVERALLY, NEITHER DISCLAIM NOR MAKE ANY 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 THE USE OF THE SERVICE OR THE USE OF ANY USER.
THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS. THE COMPANY MAY, IN ITS SOLE DISCRETION AND WITHOUT OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, IMPROVE, ENHANCE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE PRESENTING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT 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.
16. Limitations and Liabilities
In no event shall the Company and/or any of its affiliates be liable for any damages, including direct, indirect, special, incidental or consequential damages of any kind, resulting from the service, failure of the service to perform as represented or expected, loss of goodwill, data or economic benefits, performance or failure to perform under these terms, and any act or omission or any other cause, including without limitation damages arising from the conduct of any user and/or any third party.
No action may be brought by you for any breach of these Terms after one (1) year accrued after the cause of action arose.
These limitations, exclusions and disclaimers shall apply to all claims for damages, whether based on an action of contract, warranty, limited liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are at your sole risk and constitute in part consideration for the service the Company provides to you, even if the Company and/or any affiliate of the Company has been advised of the possibility of such liability and/or damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the jurisdiction and in no event shall the Company be liable to you for amounts in excess of the payment made to the Company for the use of the service. If you have not made any payment to the Company for the use of the service, then the Company shall have no liability to you.
17. Indemnifications
You agree to defend, indemnify and hold harmless the Company and any affiliate of the Company from and against claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorneys’ fees) arising directly or indirectly from : (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms of Use by you; (iii) any damage of any kind, whether direct or indirect, special or consequential, which you cause to any third party which is related to your use of (or disablement of use of) the Service; (iv) infringement of any third party’s intellectual property, proprietary rights, privacy rights or other rights through the use of the service or the provision of information to the service (including but not limited to the obtaining of consent requirements of the parties); and (v) violation of any applicable law or regulation.
18. Modifications to the Terms
The Company may change these Terms at any time, in its sole discretion and without notice, including the Privacy Policy at https://transapp.cl/privacy-policy-belize-city-e-ride-app/ . Substantial changes to these Terms will be notified to you on the Services and/or by sending you an email regarding those changes with the email address registered under your account. Such material changes will take effect seven days after being notified by any of the aforementioned methods. Otherwise, all other changes to these terms will be effective as of the “Last Updated” date indicated and your continued use of the Service after the Last Updated date will constitute acceptance of these changes, and you agree to be bound by them. Please note that in the event that the Terms are modified to comply with legal requirements, such modifications may be effective immediately and without notice as required by law.
19. Termination of Service
At any time, the Company may block and/or limit, suspend or terminate your access to “the Service”, temporarily or permanently, for any reason, in its sole discretion, together with any other measures available to the Company under any applicable law. These actions by the Company may be taken if the Company believes that you have violated any of the “Terms” in any way.
In addition, the Company, at any time and in its sole discretion, may temporarily or permanently cease operation of your Service or any part thereof without prior notice to you. You agree and acknowledge that the Company assumes no liability with respect to or in connection with the termination of the operation of your Service and loss of any data. The following provisions shall survive termination or expiration of the Terms: Section 4 (User Representations and Undertakings), Section 5 (Restrictions on Use), Section 6 (User Generated Content), Section 7 (Feedback and Comments), Section 8 (Privacy Policy), Section 9 (Intellectual Property Rights), Section 10 (Third Party Services), Section 11 (Third Party Components), Section 15 (Disclaimers and Warranties), Section 16 (Limitations and Liabilities), Section 17 (Indemnifications), Section 19 (Termination of Service), Section 21(General).
20. Misconduct and Copyright Agents
We are concerned about your safety and well-being. If you believe that a User, including any Third Party Provider, has acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior or content, please immediately report that person to the appropriate authorities and to us.
The Company respects the intellectual property rights of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the following information to contacto@transapp.cl : (i) a physical or electronic signature of a person authorised to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including a URL or screen shot of such infringing activity); (iv) information such that the Company can contact you, such as address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on behalf of the owner of the copyright that is claimed to be infringed.
21. General
These terms are not and shall not be construed to create any partnership, joint venture, employer-employee, agency, franchisor-franchisee relationship between the parties. Any claim relating to the Service or use of the Service shall be governed by and construed in accordance with the laws of Belize. Any dispute arising out of or relating to the use of the Mobile Application shall be brought in the Belizean court system, and you hereby consent to the exclusive jurisdiction of the Belizean courts. If any provision of these terms is unlawful, void or unenforceable for any reason then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without the prior written consent of the Company. No waiver by any person or group subscribing to these terms and conditions granted for any breach hereunder shall be construed as a waiver of any breach preceding or subsequent to such waiver.
Any heading, title or section heading contained in this document is inserted for convenience only, and in no way defines or explains any section or provision of this document. These Terms are the entire terms and conditions between you and the Company relating to the subject matter hereof and supersede any and all prior or contemporaneous written or oral agreements between you and the Company. Notices may be made by email or by postal mail. Our Service may also provide notices of changes to these Terms or other matters by displaying such notices or providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Contact
If you have any questions (or comments) regarding the Terms of Service, you may send us an email at the following address, and we will endeavour to reply as soon as possible: contacto@transapp.cl .
By contacting us, you represent that you are free to do so and that you will not knowingly provide information to the company that infringes the rights of any third party, including any intellectual property rights. You also acknowledge, notwithstanding any consideration to the contrary, that any and all rights, including intellectual property rights in the information provided (as aforesaid), shall belong exclusively to the Company and the Company may use or refrain from using any information provided in its sole discretion.
