INTRODUCTION

This is the agreement between you and the PRESTO Service operated through and by Metrolinx, a Crown Agency within the meaning of the Crown Agency Act (Ontario) (“Metrolinx”) and, with respect to the PRESTO E-Tickets App, by Bytemark Canada, Inc. (“Transit Partner”), for the use of PRESTO app ticket(s) or pass(es) (described below) from Metrolinx through the PRESTO E-Tickets App (as defined below) (the “Terms and Conditions”). By accessing and using the PRESTO E-Tickets App, you acknowledge that you have read, understood and agree to abide by and comply without limitation or qualification, to these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use the PRESTO E- Tickets App. For the purposes of these Terms and Conditions and the other documents or agreements incorporated by reference herein or which incorporate these Terms and Conditions by reference therein, the term “PRESTO E-Tickets” means an electronic ticket that can be purchased on the PRESTO E-Tickets App and used to pay a transit fare on participating Transit Agencies and the services offered by Metrolinx in connection with your use of an E-Ticket including, but not limited to, use of the PRESTO E-Tickets App and the PRESTO Contact Centre (as defined below), and “PRESTO E- Tickets App” means the PRESTO E-Tickets mobile application and all related services, including but not limited to any and all software made available by Metrolinx.

Definitions: In these Terms and Conditions, the user of PRESTO E-Tickets is referred to as “you” or “your”; Metrolinx is referred to as “Metrolinx”, “we”, “our” or “us”; “Transit Agency or “Transit Agencies” refers to GO Transit, Brampton Transit, Burlington Transit, Durham Region Transit, Hamilton Street Railway Company, MiWay (Mississauga), Oakville Transit, Toronto Transit Commission, Union-Pearson Express, York Region Transit, and OC Transpo (Ottawa), if they accept PRESTO E-Tickets, and any other Transit Agency that accepts payment for its services by way of PRESTO E- Tickets that may be added from time to time, and “Transit Agency” refers to any one of them.

These Terms and Conditions apply to you when you are using PRESTO E-Tickets to pay your transit fare on any Transit Agencies, and sets out your rights and obligations when using PRESTO E-Tickets. Transit Agency specific terms and conditions or by- laws shall also apply to your journey on a Transit Agency service, including the provisions relating to the consequences for failure to pay a valid fare.

Metrolinx may change, suspend or discontinue any part or functionality of the PRESTO E-Tickets App at any time. Metrolinx may also impose limits on the use of or access to certain features or portions of the PRESTO E-Tickets App, in any case without notice or liability.

PRIVACY POLICY AND AUTHORIZATION FOR INFORMATION SHARING

You agree that any data Metrolinx receives as a result of your purchase and your use of PRESTO E-Tickets may be collected, used and disclosed in compliance with the PRESTO Privacy Policy, which is incorporated into these Terms and Conditions. You authorize Metrolinx to share all such information and data with the Transit Agencies identified herein. The PRESTO Privacy Policy can be accessed by visiting the PRESTO website at https://www.prestocard.ca/privacy (the “PRESTO website”).

Metrolinx values and respects your privacy, and is committed to protecting your personal information by keeping it confidential and secure. Metrolinx’s collection and retention of your personal information is governed by the terms of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, and other relevant legislation.

Notwithstanding the foregoing, as the internet is not a secure medium, the privacy of your communications cannot be guaranteed. The nature of internet communications means that your use of the PRESTO E-Tickets App and communications to Metrolinx, through the PRESTO E-Tickets App, may be susceptible to data corruption, unauthorized access, interception and delays. In general, you may use the PRESTO E- Tickets App without telling us who you are or revealing any personal information about yourself. In order to use some functionality of the PRESTO E-Tickets App, you may be required to disclose certain personal information. You agree that we may collect and use personal information provided by you for the purposes set out in the PRESTO Privacy Policy. The PRESTO E-Tickets App may include certain features or services, such as alerts, through the PRESTO E-Tickets App that rely upon device-based location information. To provide such features or services, where available, we may be required to use, transmit and process your location data, including the real-time geographic location of your device. Location information will only be used to deliver relevant transit information and will not be kept on servers, unless you consent to the sharing of location information, in which case, the information will stored on Metrolinx’s or a supplier’s servers and used for fraud detection purposes. Furthermore, if your device connects through a Wi-Fi access points, the IP address of the device or the access point may be stored on our server in an encrypted fashion. By enabling and/or using any location-based services or features within the PRESTO E-Tickets App (e.g. allow the app to use your location), you agree and consent to us collecting, using, processing and maintaining technical information and other data as required for purposes of providing such location-based services or features to you.

PURCHASING PRESTO E-TICKETS

Each PRESTO E-Ticket is sold subject to these Terms and Conditions, Metrolinx’s policies located on the PRESTO website, and policies from issuing Transit Agencies, available on their websites. Each E-Ticket is valid for use of the specified services on a participating Transit Agency’s network in accordance with these terms. Participating Transit Agency’s fares, schedules, trip information and other information and terms applicable to travelling with them can be located on their respective websites. Additional sale restrictions may apply as indicated on their websites.

At the current time, PRESTO E-Tickets or passes can only be used within each participating Transit Agency’s service boundaries; multi-agency travel is not currently available. Ticket types (e.g. Senior, Youth) are available on the PRESTO E-Tickets App, as well as single ride and pass product options, subject to Transit Agency offerings.

ACCOUNT REGISTRATION

The PRESTO E-Tickets App is available for free download on the latest and second latest versions of iOS and Android mobile devices through the App Store or Google Play. You may create an account by signing in through Facebook, Apple or Google, or through your email address. As PRESTO E-Ticket purchases are account-based and not specific to a device, an account is required to purchase and validate your PRESTO E-Tickets.

If you sign in through Facebook, Apple or Google to access your account, the authentication of your logon details is handled by the relevant third party and we only collect information about your account that you expressly agree to share with us at the time you register for account. Information you may provide to these third party services will, however, be subject to the privacy policies of those third parties and not ours. Please read their privacy policies carefully. If you choose to link your account to a third party account (such as your Facebook, Google or Apple account), Metrolinx may choose to use the information you allow us to collect from those third parties for the purposes set forth in the PRESTO Privacy Policy. You are responsible for maintaining your accounts with those parties and for complying with their terms of service and other legal requirements.

By registering for an account, you agree to provide accurate, complete and updated registration information. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information is found to be fraudulent, incomplete or outdated, Metrolinx reserves the right to terminate your use of the PRESTO E-Tickets App and your associated account, and Metrolinx, participating Transit Agencies, and their associated vendors, have the right to recover from you any costs or losses incurred as a direct or indirect result of inaccurate or incomplete information. If any information is found to be fraudulent, you may be subject to a fine, penalty or persecution.

SECURITY

Any log-in personal identification and/or password you are given and/or create in order to obtain access to the PRESTO E-Tickets App are for your use only, and must be kept confidential at all times. Metrolinx and the Transit Agencies are not responsible for any access to or misuse of your information if your log-in personal identification and/or password are used by anyone other than you.

PAYING YOUR FARE

Once you have created a user account through the PRESTO E-Tickets App, you may purchase a fare or pass utilizing a data (network charges may apply) or Wi-Fi connection on your mobile device. Begin by selecting a participating Transit Agency for your trip, along with point of origin, destination and your ticket type (e.g. Senior, Youth). After you have added your PRESTO E-Ticket(s) to your cart, place your order by entering your payment card information.

By purchasing one or more PRESTO E-Tickets you authorize Metrolinx to charge your applicable payment card or account for the purchase price of the PRESTO E-Ticket(s), including any applicable taxes or other charges. To purchase PRESTO E-Tickets on the PRESTO E-Tickets App you must be the cardholder of the applicable payment card inputted. If your card is rejected by the card issuer, or your payment is otherwise not processed, your PRESTO E-Ticket(s) will not be processed and Metrolinx will have no obligation to fulfill your order.

CONFIRMATION

After completing your purchase, we will send a confirmation e-mail to the e-mail address provided at the time of purchase. If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with the PRESTO Contact Centre at 1-877- 378-6123 or TTY: 711 or 1-800-855-0511 whether or not your order has been placed.

STORAGE

Your purchased PRESTO E-Tickets store automatically to your device, making it convenient to activate them without an internet connection. This is the recommended storage option. PRESTO E-tickets can also be stored in the cloud and accessed through multiple devices through a setting configuration within the PRESTO E-Tickets App. Exercise caution if uninstalling the PRESTO E-Tickets App as it will result in lost PRESTO E-Tickets if they are not first transferred to the cloud.

USING PRESTO E-TICKETS

Printed copies of PRESTO E-Tickets will not be accepted as a valid fare. Prior to boarding your trip, you must activate your PRESTO E-Ticket(s) through the PRESTO E- Tickets App. You can activate your PRESTO E-Ticket(s) offline, with the activation window time dependent upon the Transit Agency; refer to their applicable websites for further details. Once activated, your must scan the E-Ticket’s QR code on the barcode reader at the station or on the bus. If, for any reason, your PRESTO E-Ticket's QR code cannot be read, you must display your PRESTO E-Ticket upon request. Once activated, your PRESTO E-Ticket will also become active for a period of time specified within the PRESTO E-Tickets App; refer to applicable Transit Agency websites for specific information on activation window duration. Passes are valid during service hours on the day of activation or for a predefined period (e.g. weekly, monthly) depending on the option chosen and availability by the Transit Agencies. Please note that at the time of fare inspection, your mobile ticket or pass acts as your proof of payment.

TICKET AVAILABILITY AND EXPIRY

PRESTO E-Tickets expire one (1) year from date of purchase unless otherwise indicated. If you lose or delete your purchase confirmation email or otherwise lose access to your PRESTO E-Ticket(s), you may contact the PRESTO Contact Centre in order to retrieve your PRESTO E-Ticket(s) following a verification process.

PLANNING YOUR JOURNEY

Plan your trip in the Greater Toronto and Hamilton Area. Planning your trip is easy, simply enter your starting location and where you want to go, and the PRESTO E-Tickets App will tell you how to get there. You can customize your trip plan using the options such as maximum walking distance or mode of transportation.

Metrolinx and participating partners assume no responsibility for damage, loss, or injury resulting from the use of suggested itineraries, routes, and maps. Users of the E-Tickets App use at their own risk and are fully responsible for their own safety.

REFUNDS AND CREDITS

PRESTO E-Tickets are non-refundable and have no redeemable cash value.

CLOSING YOUR ACCOUNT

To delete your PRESTO E-Tickets account, you’ll need to first sign into your account at https://etickets.prestocard.ca. Once you’re signed in, go to “My Account” menu and select “Your Profile,” then select “Deactivate Account.” To confirm, select “Deactivate.

If you choose to deactivate your PRESTO E-Ticket account you’ll lose any unused tickets in your account. If you’d like to buy a PRESTO E-Ticket in the future, you’ll need to create a new account. You will remain liable for all obligations related to your account even after your account is closed.

LIMITATIONS

PRESTO E-Tickets are transferable between registered account users. You may also pay another person’s fare with another purchased PRESTO E-Ticket through your account if they are travelling with you.

For security reasons, certain personal information provided will be subject to verification through third party sources. In order to verify such information, we may disclose such information to third parties. You hereby consent to us making these disclosures for the purpose of obtaining such verifications.

INSPECTION

When first boarding, you must be prepared to show an activated PRESTO E-Ticket to an authorized Transit Agency representative. You must allow an authorized Transit Agency representative to inspect your PRESTO E-Ticket at any time during your journey if asked to do so.

If the PRESTO E-Ticket presented to an authorized Transit Agency representative for inspection is not found to be valid, it shall be treated as a failure to provide a valid proof of payment, and you may be subject to a fine, penalty, or prosecution as per the applicable Transit Agency’s by-laws or terms and conditions.

Please also refer to the PRESTO E-Tickets FAQs located at https://www.prestocard.ca/about/presto-etickets for any additional information.

LICENCE

Subject to the terms and conditions of this Agreement, Metrolinx hereby grants you the non-exclusive, worldwide, perpetual, non-transferable, non-sublicensable, limited right and license to view, access and use the PRESTO E-Tickets App for personal, non- commercial purposes on a computer or mobile device that you own or control. The PRESTO E-Tickets App is being licensed to you and you hereby acknowledge that no title or ownership in the PRESTO E-Tickets App is being transferred or assigned to you and this Agreement should not be construed as a sale of any rights in the PRESTO E- Tickets App. All rights not specifically granted under this Agreement are reserved by Metrolinx.

LICENCE CONDITIONS

You agree not to: (i) commercially exploit the PRESTO E-Tickets App or any of the intellectual property therein; (ii) copy, reproduce, distribute, lease, license, sell, rent, lend, convey, transmit or otherwise transfer or assign the PRESTO E-Tickets App, in any manner or medium, without Metrolinx’s express prior written consent; (iii) make the PRESTO E-Tickets App publicly available or available on a network for use or download by multiple users, use or install the PRESTO E-Tickets App (or permit others to do the same) on a network or for online use; (v) reverse engineer, decompile, disassemble, extract, decrypt, translate, prepare derivative works based on or otherwise modify the PRESTO E-Tickets App, in whole or in part; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the PRESTO E-Tickets App, or falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vii) misrepresent the source of ownership of the PRESTO E-Tickets App; (viii) transport, export or re-export (directly or indirectly) into any country forbidden to receive the PRESTO E-Tickets App by any Canadian or other export laws or accompanying regulations or otherwise violate such laws or regulations, as same may be amended from time to time or (ix) scrape, build databases or otherwise create permanent copies of content returned from the PRESTO E-Tickets App.

INFORMATION

Metrolinx attempts to be as accurate as possible in describing all information on the PRESTO E-Tickets App (including all Content (as defined below) thereon). Such information is for information purposes only and has been provided as a public service. Although every attempt has been made to ensure its accuracy, Metrolinx does not represent or warrant that any Content of the PRESTO E-Tickets App is accurate, completely reliable, current or error-free. Any views expressed or made available by third parties on the PRESTO E-Tickets App or in its Content are those of the respective third parties and not of Metrolinx.

INTELLECTUAL PROPERTY RIGHTS

Material on the PRESTO E-Tickets App, including but not limited to text, data, information, “look and feel”, wallpaper, icons, images, audio and video clips, artwork, music, sound effects, themes, stories, dialogue, titles, audiovisual effects, software (including all computer code of all types), patents and special promotions (collectively, the “Content”) is either owned or licensed and controlled by Metrolinx, and Metrolinx does not represent or warrant that such material does not infringe the rights of any other person or entity. The Content on the PRESTO E-Tickets App is protected by Canadian and international copyright laws and treaties. Any infringement of Metrolinx’s rights will result in appropriate legal action.

Certain names, logos, icons, designs, words, or phrases displayed on the PRESTO E- Tickets App may constitute trade names or trademarks of Metrolinx or other entities (the “Marks”), and may be registered in Canada and/or other countries. The display of the Marks on the PRESTO E-Tickets App does not imply that a licence of any kind has been granted. No one may use any meta tags or any other “hidden text” using the Metrolinx name or the Marks without Metrolinx’s express written permission in advance. The Metrolinx name and trademarks may also not be used by anyone in any manner that is likely to cause confusion, or in connection with anything that is not sponsored, endorsed or produced by Metrolinx. Nothing in the PRESTO E-Tickets App is to be interpreted as conferring a right to use the Marks or the material protected by applicable Canadian and international copyright laws.

THIRD PARTY MATERIALS, LINKS AND INFORMATION

In order for certain features of the PRESTO E-Tickets App to operate properly, you may be required to have and maintain (i) an adequate internet connection and/or (ii) a valid and active account with an online service provider. If you do not maintain such accounts, then the PRESTO E-Tickets App or certain features of the PRESTO E- Tickets App may not operate or may cease to function properly, either in whole or in part.

The PRESTO E-Tickets App may contain links (or you may be sent through the PRESTO E-Tickets App) to non-Metrolinx websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Applications, Software or Content”). Links to Third Party Sites and any Third Party Applications, Software or Content made available through or installed from the PRESTO E-Tickets App is provided as a convenience only. If you decide to visit any Third Party Sites or use or install any Third Party Applications, Software or Content, you do so at your own risk. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by Metrolinx and Metrolinx disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, content, products, services or information found on any linked Third Party Site or in any Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not constitute in any manner a reflection on, affiliation with, or endorsement by Metrolinx of any such Third Party Site or Third Party Applications, Software of Content, the respective entity or their respective material, content, products, services or information and Metrolinx makes no representations or warranties, express or implied, concerning any material, content, products, services, information or security of the information found on any Third Party Site or contained in, or generated by any Third Party Applications, Software or Content and you hereby irrevocably waive any claim against Metrolinx with respect to such Third Party Sites and Third Party Applications, Software or Content. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature.

To improve the functionality of the PRESTO E-Tickets App, certain files (such as open source libraries, images and scripts) may be delivered automatically to the PRESTO E- Tickets App via a trusted third-party server or content delivery network. The delivery of these files is intended to provide a seamless user experience by speeding response times and avoiding the need for each visitor to download these files.

EXCLUSION AND DISCLAIMER OF WARRANTIES

NEITHER METROLINX NOR TRANSIT PARTNER MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THE PRESTO E-TICKETS APP, ITS SUITABILITY FOR USE, OR THAT ITS USE, OR ANY INFORMATION OR MATERIAL INCLUDING ANY DOWNLOADABLE SOFTWARE ACCESSED FROM OR THROUGH THE PRESTO E-TICKETS APP WILL BE UNINTERRUPTED OR ERROR-FREE. METROLINX DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS OR OMISSIONS ON OR RELATING TO THE PRESTO E-TICKETS APP WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE PRESTO E-TICKETS APP IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE PRESTO E-TICKETS APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND METROLINX DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (I) WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY, (II) ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION OR RESULTS OBTAINED FROM THE USE OF INFORMATION PROVIDED ON THE PRESTO E-TICKETS APP; OR (III) MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED IN THESE TERMS. USE OF THE PRESTO E-TICKETS APP AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. NEITHER METROLINX NOR TRANSIT PARTNER SHALL BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE YOU MAY PLACE ON THE PRESTO E-TICKETS APP OR ITS CONTENT. THE INFORMATION PROVIDED ON THE PRESTO E-TICKETS APP AND ITS CONTENTS IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION FINANCIAL INVESTMENT, LEGAL, TAX OR ACCOUNTING ADVICE. IT SHOULD NOT BE RELIED UPON IN THAT REGARD, AND ANY RELIANCE ON YOUR PART IN THAT RESPECT IS SOLELY YOUR OWN RISK.

LIMITATION OF LIABILITY

NEITHER METROLINX NOR TRANSIT PARTNER SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, LIABILITIES, CLAIMS, LOSSES, COSTS, EXPENSES OR INJURIES SUFFERED IN CONNECTION WITH OR IN ANY WAY RELATING TO OR RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE PRESTO E-TICKETS APP, ITS CONTENT, MARKS OR ANY PORTION THEREOF, INCLUDING WITHOUT LIMITATION, YOUR VIEWING, USING, ACCESSING, COPYING, DOWNLOADING OR STORING ANY PART OF THE PRESTO E-TICKETS APP, ITS CONTENT OR ITS SERVICES, INCLUDING (I) ANY DELAY OR FAILURE IN THE PROCESSING OF ANY TRANSACTION; (II) IF WE DO NOT RECEIVE A NOTICE FROM YOU OR YOUR INSTRUCTIONS FOR ANY REASON, OR IF WE DELAY OR FAIL TO ACT ON YOUR INSTRUCTIONS, FOR ANY REASON; (III) IF WE DO NOT PROCESS A TRANSACTION WHEN YOUR PAYMENT MEDIA HAS SUFFICIENT FUNDS OR IF YOUR PAYMENT MEDIA HAS BEEN REJECTED; OR IF THERE HAS BEEN ANY FAILURE OR DELAY IN PROVIDING A MESSAGE TO YOU, OR IF A MESSAGE IS GIVEN TO A PERSON OTHER THAN YOU AT THE CONTACT POINT(S) PROVIDED BY YOU. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL METROLINX OR TRANSIT PARTNER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR ECONOMIC ADVANTAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, OR OTHERWISE, AND REGARDLESS OF HOW SAME MAY ARISE EVEN IF METROLINX OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES OR CLAIM. METROLINX AND TRANSIT PARTNER FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY CONSEQUENCES THAT MAY ARISE FROM ANY UNAUTHORIZED REPRODUCTION, ACCESS OR USE OF THE PRESTO E-TICKETS APP OR ITS CONTENT. IN NO EVENT WILL METROLINX OR TRANSIT PARTNER BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, “WORMS”, “TROJAN HORSES”, DATA CORRUPTION, HACKING OR OTHER SECURITY INTRUSIONS, COMMUNICATION INTERCEPTION, WORK DELAYS, LOST PROFITS, FAILED MESSAGES, FAILED TRANSACTIONS, ARISING AS A RESULT OF TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, METROLINX’SCONTRACTORS, THIRD PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF METROLINX. ENSURING THAT YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE PRESTO E-TICKETS APP AND ITS CONTENT IS ADEQUATELY PROTECTED (INCLUDING AGAINST COMPUTER VIRUSES) IS ENTIRELY YOUR RESPONSIBILITY. ANY REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO ANY GOODS OR SERVICES REFERRED TO IN THE PRESTO E-TICKETS APP SHALL BE SUBJECT TO, GOVERNED BY, AND AS STATED IN THE APPLICABLE TERMS GOVERNING THE PROVISION OF SAME.

You further acknowledge and agree that Metrolinx is providing to you, via the PRESTO E-Tickets App, a method of payment only for travel on the transit systems operated by the Transit Agencies. Neither Metrolinx, nor Transit Partner, or any of their respective officers, directors, employees, shareholders or representatives shall have any liability to you whatsoever in connection with any delay, damage, injury, loss, expense or inconvenience you or any other person may incur in connection with travel on any of the transit systems operated by a Transit Agency or while on the premises of a Transit Agency.

You agree that the liability of Metrolinx, Transit Partner, or a Transit Agency (including any of our or their respective directors, officers, employees, agents or representatives), shall be limited to $100.

INDEMNIFICATION

YOU AGREE THAT YOUR USE OF THE PRESTO E-TICKETS APP AND/OR THE CONTENT SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, SUIT, DEMAND OR CAUSE OF ACTION OR OTHER PROCEEDING AGAINST METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD METROLINX, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HARMLESS AGAINST ANY CLAIM, SUIT, DEMAND, ACTION OR OTHER PROCEEDING BROUGHT OR THREATENED BY A THIRD PARTY AS A RESULT OF (I) YOUR BREACH OF THESE TERMS; AND/OR (II) YOUR USE OF THE PRESTO E-TICKETS APP AND/OR THE CONTENT. TERM AND TERMINATION

This agreement is effective until terminated by you or by Metrolinx. Your rights under these Terms and Conditions will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms and Conditions. Upon termination, you will cease to use the PRESTO E-Tickets App and will destroy all copies, full or partial, of the PRESTO E-Tickets App. CHANGES TO THESE TERMS AND CONDITIONS

Metrolinx may amend these Terms and Conditions at any time, including any rights or obligations you or we may have. Metrolinx will post the terms and conditions of the amended terms on the PRESTO website and PRESTO E-Tickets App. As permitted by applicable law, any amendment will become effective at the time we post the amended terms on the PRESTO E-Tickets App or as otherwise stated in our notice to you. Use of PRESTO E-Tickets and PRESTO E-Tickets App after the effective date of any change will be deemed to be your acceptance of the change.

DISPUTE RESOLUTION

Any question, concern or dispute in connection with any services provided by a Transit Agency will be raised and resolved between you and the Transit Agency. This includes all related matters, such as the amount charged for the transaction, and the quality of the services provided by the Transit Agency.

If you have a question or concern about the PRESTO Service, including the PRESTO E-Tickets, please write to us at PRESTO Customer Service Centre, P.O. Box 730, St. Catharines Main, St. Catharines, ON L2R 6Y6, or call the PRESTO Contact Centre at 1-877-378-6123 TTY: 711 or 1-800-855-0511. Our interest is to ensure that you are pleased with PRESTO E-Tickets.

You agree that you will not join your claim with any other person’s claim and you expressly agree to waive any right you may have to begin or participate in any class action or proceeding against us and/or such other parties, and you also agree to opt out of any class action or proceeding against us and/or such other parties.

GENERAL

Assignment

Metrolinx may assign these Terms and Conditions at any time without further consent. You may not assign the obligations or benefits of these Terms and Conditions.

Severability

The invalidity of any term or terms of these Terms and Conditions shall not affect any other term of these Terms and Conditions, which shall remain in full force and effect.

Governing Law

The PRESTO E-Tickets App is controlled and operated from the Province of Ontario, Canada by Metrolinx. Metrolinx does not make any representation that the facilities or services offered through the PRESTO E-Tickets App comply with any legal or regulatory requirements of countries other than the Province of Ontario, Canada. In accessing or using the PRESTO E-Tickets App, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make the PRESTO E-Tickets App, the facilities or services offered through the PRESTO E-Tickets App or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), the PRESTO E-Tickets App and/or facilities or services offered through the PRESTO E- Tickets App or any part of them are not directed at you. Your use of the PRESTO E- Tickets App and these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to the conflicts of laws principles thereof. You acknowledge that you have full legal capacity to use the PRESTO E-Tickets App in accordance with the foregoing. By using the PRESTO E-Tickets App, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. In addition to complying with these Terms and Conditions, you agree to use the PRESTO E-Tickets App and Content for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Metrolinx makes no representation that the materials contained within the PRESTO E-Tickets App are appropriate for customers outside of the Province of Ontario, Canada. Some jurisdictions may have restrictions on the use of the Internet by their residents.

Privacy

Metrolinx understands that maintaining the privacy of your personal information is important to you. In order to meet its commitment to your privacy and obligations under the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31 (“FIPPA”), Metrolinx has developed and will adhere to this Privacy Policy relating to the collection, use and disclosure by Metrolinx of your personal information in connection with your use of the PRESTO Card. Capitalized terms used in this Privacy Policy but not defined herein shall have the meaning given to such terms as set out in the terms and conditions for the PRESTO Card or the Website terms and conditions posted on the PRESTO Website on which this Privacy Policy appears.

Accountability

The Metrolinx Coordinator for Freedom of Information and Protection of Privacy has been designated by Metrolinx as the individual accountable for compliance in accordance with this Privacy Policy and FIPPA. All correspondence to Metrolinx in accordance with this Privacy Policy and FIPPA shall be:

in writing;
accompany a fee of $5.00 made to the order of Metrolinx (FOI requests only); and
specify in satisfactory detail the nature of the matter at issue or the information that is being requested.
Correspondence may be submitted to the attention of:

Coordinator, Freedom of Information and Protection of Privacy Metrolinx
277 Front Street West
Toronto, ON M5V 2X4

Personal Information

Personal information that may be collected by Metrolinx in connection with your use of the PRESTO Services (including the PRESTO Card) is recorded information that identifies individuals and may include:

information relating to financial transactions in which you have been involved or will be involved with Metrolinx, including your credit card number and your bank account information;
any identifying number, symbol or other particular identifier assigned to you by Metrolinx;
your address or telephone number;
correspondence sent to Metrolinx by you that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence; and/or
your name where it appears with other personal information relating to you or where the disclosure of your name would reveal other personal information about you.
In connection with the PRESTO Services to be provided, personal information may be collected by Metrolinx from you. As well, Metrolinx may collect information about you through your use of Metrolinx. Metrolinx limits the amount and type of personal information collected from you to only the personal information that is required for the purposes outlined below, or the purposes identified to you when Metrolinx requests your personal information. Metrolinx will not use your personal information for any other purpose without first obtaining your consent.

Metrolinx’s primary purpose for collecting your personal information is to provide the services and/or products requested by you. In addition, you agree that your personal information may be used, among other things, to:

• open and set-up your PRESTO Account;
• verify your identity and/or your eligibility for certain PRESTO Services;
• mail to you your PRESTO Card and other such items or communications;
• operate the PRESTO Services effectively;
• administer loyalty programs associated with the use of the PRESTO Services;
• protect you and Metrolinx from error and fraud
• better understand your needs and eligibility for products and services offered by Metrolinx or the Service Providers;
• communicate, and provide to you those products and services that may be of interest to you;
• improve the products and/or services offered to you; and
• comply with legal and regulatory requirements.

Consent

Your consent to Metrolinx’s collection, use and/or disclosure of your personal information in accordance with this Privacy Policy and FIPPA may be obtained from you expressly or impliedly. Express consent may be obtained orally or in writing. Implied consent may be obtained based on some action you have taken, or an action you decided not to take, which action or inaction could reasonably be considered by Metrolinx as evidencing your consent. You have the right at any time to withdraw your consent by providing written notice to Metrolinx, provided that there are no legal requirements to prevent this. However, if you withdraw your consent, you may no longer be eligible to use or be provided with some or all of the PRESTO Services, including use of the PRESTO Card.

Limiting Collection

In accordance with FIPPA, the collection of your personal information by Metrolinx is limited to that which is necessary for the purposes identified herein. All personal information is collected by Metrolinx in a fair and lawful manner.

Limiting Use, Disclosure

Metrolinx shall only use or disclose your personal information in accordance with FIPPA. Metrolinx will not, without your consent, sell or trade to, or share with any third party, your personal information for purposes other than those for which it was collected or for a purpose consistent with such purposes. However, you agree that Metrolinx may disclose your personal information to third parties without your further consent in circumstances where: a. Metrolinx has received your previous consent to such disclosure, including for the purposes set out in this Privacy Policy; b. disclosure to a third party is necessary in order to provide services to you; c. it is required or permitted by law or pursuant to a court order; d. Metrolinx sells or transfers its business to a third party or restructures; or e. disclosure is reasonably required to a bona fide third party potential investor of Metrolinx;

Disclosures in response to an official request

Under FIPPA, in certain circumstances, Metrolinx may share personal information of its Metrolinx customers in response to a reasonable request from a police officer, special constable, or transit safety officer (“officers”). In such circumstances, Metrolinx may choose to share information without requiring a warrant or court order. These circumstances include:

where there are immediate and compelling concerns about an individual’s health or safety, such as a lost or missing person, and there appears to be no other way for the official to obtain the requested information in a timely manner;
in an emergency, to facilitate contact with a spouse or relative, such as where a person has been injured or is ill, and where the delay in providing the information could be harmful to someone’s health or safety; or
where a Metrolinx transit operator is investigating a safety or security incident, such as theft, vandalism, assault or other offence , on or in relation to the transit operator’s property or services.

Disclosures at Metrolinx’s own initiative

At its own initiative, Metrolinx may share personal information with a police officer, special constable, or transit safety officer where Metrolinx has a reasonable basis to believe that an offence has occurred on its property. In such cases, Metrolinx will limit the amount of information it discloses to what is relevant and necessary relating to the specific offence.

Disclosures in response to a court order or other legal requirement

In other circumstances, Metrolinx will generally require a court order such as a warrant or production order. This would include circumstances where:

the incident giving rise to the request is not related to Metrolinx’s property or services;
the request relates to information for multiple cards or accounts;
the request relates to information over several weeks or more; or
the request relates to financial information.
In addition, Metrolinx may be expressly required to disclose personal information pursuant to a federal or provincial law.

All such requests will be reviewed by Metrolinx’s Privacy Office. Metrolinx will also notify individuals that there information has been disclosed in cases relating to their individual health or safety, such as a lost or missing person request. In all other cases, Metrolinx will notify individuals that their information has been disclosed where law enforcement has authorized us to do so.

Accuracy and Individual Access

You may request access to your personal information at any time. Metrolinx will act in accordance with FIPPA in providing you with a complete accounting of your personal information contained in Metrolinx’s records. However, there may be circumstances where Metrolinx is unable to provide all such information to you, such as, for example, if your records: (i) contain references to other persons; (ii) are subject to legal privilege; (iii) contain confidential information proprietary to Metrolinx or another person (including, without limitation, proprietary information of any Service Providers); (iv) relate to an investigation regarding a breach of any agreement with Metrolinx or any of its affiliates or contravention of laws; or (v) cannot be disclosed for any other legal reason. Metrolinx endeavours to keep your personal information as accurate, complete and up–to–date as possible. If you wish to verify, update, remove or amend your personal information in our records, please notify Metrolinx in writing as set out above. If an individual successfully demonstrates the inaccuracy or incompleteness of personal information, Metrolinx shall amend the information as required. Depending upon the nature of the information challenged, amendment may involve the correction, deletion, or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.

Use of Web Technologies and Cookies

Cookies are generally used to make it more convenient for users to move around the PRESTO Website. If you choose, cookies may be used to 'remember' certain personal information, such as your password, in order to make it easier and faster to log-in and navigate the PRESTO Website. These types of cookies need to be stored on your computer's hard drive. Cookies used by Metrolinx are encrypted to make the information in cookies unreadable to anyone except Metrolinx.

Prestocard.ca uses a number of third party products in order to collect anonymous information that helps us serve our customers. Read their statements to find out how your information may be used.

Google Analytics provides us with anonymous information, numbers, and statistics to help us understand how our website can perform better and improve your experience. See the Google Analytics privacy statement.
Firebase is Google’s mobile application development platform that provides us with tools for tracking analytics, reporting/fixing app crashes, creating marketing and product experiment. See Firebase Privacy and Security for more details
reCAPTCHA is used to protect our website from hackers, spam and abuse. reCAPTCHA is subject to the Google privacy policy and terms of use.
Creative Virtual is used to support our online chat feature. See the Creative Virtual webChat privacy statement.
Moneris is the system that we use to let you make secure payments directly from our website. See the Moneris Payment Provider privacy statement.
Google Play Store provides us with your device ID, device model and operating system to help us better troubleshoot any issues you may have and improve your experience. See the Google Play privacy statement.

Safeguards and Retention

All personal information collected by Metrolinx will be protected by using appropriate and necessary safeguards under FIPPA against loss, theft and unauthorized access, disclosure, copying, use or modification. The methods of protection may include: a. use of personal identification numbers to access your PRESTO Account information on the PRESTO Website; b. technological measures, for example, the use of passwords and encryption technology; c. physical measures, for example, locked filing cabinets and restricted access to offices; and d. agreements between Metrolinx and any of its third party service providers which require that any information provided by Metrolinx to them must be maintained in confidence. Metrolinx retains your personal information for only as long as it is required for the purposes set out in this Privacy Policy or as required by law or to respond to any issue which may arise at a later time. Metrolinx will act in accordance with the requirements under FIPPA to destroy, delete or erase your personal information from its records when it is no longer required. There may however be circumstances where Metrolinx may not be able to completely remove your personal information, including as a result of data backup procedures or document retention policies. In these circumstances such information will continue to be safeguarded.

Openness and Compliance

If you have any questions regarding this Privacy Policy or Metrolinx’s privacy practices or if you believe that Metrolinx is not complying with the terms of this Privacy Policy or FIPPA, please contact Metrolinx’s Privacy Office:

Senior Privacy Officer
Metrolinx
97 Front Street West, 3rd Floor
Toronto, ON M5J 1E6
416-202-5941

Metrolinx will investigate all complaints. If a complaint is found to be justified, Metrolinx shall take appropriate measures, including, if necessary, amending its policies and practices. Metrolinx is committed to disclosing information relating to its policies, practices and management in accordance with FIPPA. To make a freedom of information request, please contact Metrolinx’s Freedom of Information Office:

Coordinator, Freedom of Information and Protection of Privacy
Metrolinx
277 Front Street West
Toronto, ON M5V 2X4
416-202-7382

Metrolinx will investigate all complaints. If a complaint is found to be justified, Metrolinx shall take appropriate measures, including, if necessary, amending its policies and practices.