use tokens to travel on CTA services only. A ‘token’ refers to a type of fare media which identifies your account and is valid for use on CTA bus service. Once you have created an account, you can choose to create a mobile token or link a physical token (e.g. a Smart Card).
You do not and will not own the App or any information that is provided to you through it or CTA, but you may use the App in accordance with these terms and conditions solely for the purposes of purchasing, storing and using tokens and/or tickets and accessing transport information for your own personal use and not for any other purpose. The App is owned by CTA and may only be used for your own personal use. You must not try to alter, modify or in any way try to copy or transfer the ticket or mobile token facility to any other users.
The App is provided to you free of charge. CTA can suspend access to purchase tickets or to use tokens through the App and can do so for any reason.
You must ensure that your mobile device has the required version of the relevant operating system. You are responsible for all data charges incurred when using the App with your mobile phone provider.
The Web Portal
CTA grants you the right to access the Web Portal to purchase tickets and access information in accordance with these terms and conditions.
Once you have accessed the Web Portal you will be able to purchase tickets to travel with CTA. All tickets purchased through the Web Portal are subject to our Terms and Conditions which can be found at https://www.kauai.gov/Government/Departments-Agencies/Transportation/Web-Portal-Terms-and-Conditions.
Once you have created an account, you can choose to create a mobile token or link a physical token (e.g. a Smart Card). Use of tokens are subject to our Terms and Conditions which can be found at https://www.kauai.gov/Government/Departments-Agencies/Transportation/Web-Portal-Terms-and-Conditions. A ‘token’ refers to a type of fare media which identifies your account and is valid for use on CTA bus service.
You may use the Web Portal in accordance with these terms and conditions solely for the purposes of purchasing and using tickets, purchasing Stored Value, and accessing transport information for your own personal use and not for any other purpose. The Web Portal is owned by CTA and may only be used for your own personal use.
The Web Portal is provided to you free of charge. CTA can suspend access to purchasing tickets through the Web Portal and can do so for any reason.
You must ensure that your mobile device and/or computer has the required version of the relevant operating system to access the Web Portal. You are responsible for all data charges incurred when using the Web Portal with your internet and/or mobile phone provider.
MABT PAYMENTS AND USE; CONTACTLESS PAYMENTS
Tickets
CTA eTickets are available to purchase via your mobile phone using the App and/or computer using the Web Portal. Once you have purchased the ticket it will be delivered as an eTicket to your mobile phone. eTickets sold on the App and/or Web Portal are for use on CTA services only in the times and in the areas as specified at the time of purchase.
The price you pay for the eTicket will be valid for the duration on the ticket and any subsequent price changes during the validity of the ticket will not affect the eTicket you have already purchased.
eTickets are valid immediately for travel at the time you make your purchase. Please ensure that you wish to travel on the day you specify when purchasing the ticket as there are no refunds.
For tickets purchased with a credit or debit card, the appropriate payment will be deducted from your bank account at time of purchase. Please note that your debit/credit card details will be stored on our systems. Students purchasing an eTicket may be asked to provide proof of full time education at the time of boarding the bus. Failure to do so will result in denial of boarding and your eTicket being cancelled. No refunds will be given.
A ticket refers to a type of pass valid for use on CTA bus service, which is purchased on the Web Portal. A ticket may be delivered as a mobile ticket or as a computer file to be printed by the rider.
eTickets are downloaded to your registered mobile device through the App and/or computer through the Web Portal.
The eTicket must be activated prior to you boarding the bus. Please ensure you have sufficient battery charge to show to the driver and/or validate your ticket via an onboard validation device and for the whole duration of your journey, as CTA does not accept any liability for any loss you may incur in the event that you do not have sufficient battery life on your mobile device. If you are unable to display the eTicket on your phone, the full cash fare must be paid. No refund will be given.
Please allow time for the App to load whilst waiting for the bus. If you are unable to display the eTicket on your phone the full cash fare must be paid. No refund will be given.
Paper eTickets may be printed from your computer. Please ensure possession of your paper eTickets for the whole duration of your journey to show to the driver and/or validate your ticket via an onboard validation device, as CTA does not accept any liability for any loss you may incur in the event that you lose your ticket. If you are unable to present the paper eTicket, the full cash fare must be paid. No refund will be given.
Your ticket must be displayed clearly on the mobile phone screen to the operator every time you board a CTA bus, or when requested by bus operator or police officer to view the mobile ticket. The ticket must be retained during your entire trip on a CTA vehicle. Failure to show a valid ticket is considered fare evasion and is subject to enforcement actions according to CTA policy and Title VI Motor Vehicles and Traffic Regulations, Chapter 17A County Bus Fares of the County of Kauai Code. If you are unable to show a valid ticket, you may be subject to a fine or other enforcement action. If the ticket has been damaged or is not readable in any way, it becomes invalid and a new one must be purchased.
You may be asked to show your eTicket to a bus operator or any member of staff employed by CTA or local police.
CTA reserves the right to refuse travel on invalid eTickets or if used on a stolen phone. The eTickets are not transferable and may only be used by the registered phone user, and eTickets do not give you priority over other passengers.
A mobile ticket refers to a type of pass valid for use on CTA bus service, which is purchased only the App on an iOS or Android device or any other hand-held device running the appropriate software allowing you to download the App. The security of your mobile phone, computer or ticket is your responsibility. In the event that the ticket or your mobile phone is lost or stolen, CTA will not provide a duplicate or replacement pass.
Your mobile ticket must be displayed clearly on the mobile phone screen to the operator every time you board a CTA bus, or when requested by the bus operator or police officer to view the mobile ticket. The mobile ticket must be retained during your entire trip on a CTA vehicle. Failure to show a valid ticket is considered fare evasion and is subject to enforcement actions according to CTA policy and Title VI Motor Vehicles and Traffic Regulations, Chapter 17A County Bus Fares of the County of Kauai Code. If you are unable to show a valid ticket, you may be subject to a fine or other enforcement action.
If the mobile ticket has been damaged or is not readable in any way, it becomes invalid and a new one must be purchased. If you delete the App you will also delete your mobile tickets. If you reinstall the App on the same device it was deleted, your tickets will be downloaded to the device. You cannot print or transfer mobile tickets.
Your CTA ticket will be sold to you via the CTA’s ticket partner, Masabi. The ticket itself creates a contract between you and CTA for the provision of the transport services that the ticket allows you to use. It is CTA that provides these services to you under the ticket and in no event will Masabi be responsible for or have any liability to you in relation to these services or their availability or performance (including your use or access to any CTA vehicle, the CTA network, your use of any services provided under your ticket or for your use of the Web Portal.
Account Based Ticketing Payments
CTA shall use any of the following mechanisms to receive payment for travel: * (1) prepaid stored value (“Stored Value”); or (2) contactless pay as you go (“Contactless Payment”), where a bank card or token holds sufficient value to be valid for use on a CTA vehicle.
Stored Value can be loaded to your Stored Value Account in any of the following ways*[1] :
(1) payment by a valid debit or credit card via the App;
(2) cash payment via a pass or ticket at a CTA approved retail outlet;
(3) debit or credit card at select CTA outlet locations; and
(4) CTA payment kiosk (note that there is a minimum transaction amount of $[ 2.00 ]).
Stored Value will be displayed in the ‘Account Balance’ section of the App and/or Web Portal. CTA is not responsible for your mobile device functionality, display condition, including lack of power to display the proper information for proper payment of fares.
Physical Smart Cards can also be used to travel with Stored Value and are available at CTA payment kiosks and select outlet locations (subject to change). CTA is not responsible for the availability of outlet locations including hours and locations, or the availability of Smart Cards at outlet locations. Outlet locations are not staffed with CTA employees and have no direct affiliation with CTA, therefore CTA is not responsible for any actions of outlet locations employees or events that may occur while at outlet locations.
A fee of $[5.00] shall be applied to any transaction where a Smart Card is issued. Any total value loaded to Stored Value will be less any negative balance held prior to the transaction, plus any card fees (where applicable).
For Stored Value purchased with a credit or debit card, the appropriate payment will be deducted from your bank account at time of purchase. Please note that your debit/credit card details will be stored on our systems.
Token Validation
The security of your token, bank card, mobile phone, physical Smart Card and Accounts are your responsibility. CTA assumes no responsibility for any damaged, lost or stolen bank cards, mobile devices or Smart Cards. CTA will not provide a duplicate or replacement bank card.
Please ensure you have sufficient battery charge to show to the driver and/or validate your token via an onboard validation device, as CTA does not accept any liability for any loss you may incur in the event that you do not have sufficient battery life on your mobile device.
The appropriate balance must be loaded prior to boarding a transit vehicle. Please allow time for the App and or Web Portal to load whilst waiting for the bus. If you are unable to display a token on your phone the full cash fare must be paid. No refund will be given.
You may be asked to show your token to a bus operator, any member of staff employed by the CTA or local transit police.
CTA reserves the right to refuse travel on invalid tokens or if used on a stolen phone. Tokens are not transferable and may only be used by you and may not be shared, and tokens do not give you priority over other passengers.
If using a mobile token, it must be displayed clearly on the mobile phone screen to the operator or validator every time you board a CTA bus, or when requested by a bus operator or police officer to view a token. The token must be retained during your entire trip on a CTA vehicle. Failure to show a valid token is considered fare evasion and is subject to enforcement actions according to CTA policy and Title VI Motor Vehicles and Traffic Regulations, Chapter 17A County Bus Fares of the County of Kauai Code. If you are unable to show a valid token, you may be subject to a fine or other enforcement action.
If a Smart Card has been damaged or is not readable in any way, it becomes invalid and a new one must be purchased. If you delete the App you will also delete your tokens. If you reinstall the App on the same device it was deleted, you will be able to display your token. You cannot print or transfer tokens.
Your CTA token will be issued to you via CTA’s partner, Masabi. Download of the App or utilization of a Smart Card creates a contract between you and CTA for the provision of the transport services that a token allows you to use. It is CTA that provides these services to you under a token and in no event will Masabi be responsible for or have any liability to you in relation to these services or their availability or performance (including your use or access to any CTA vehicle, the CTA network, your use of any services provided under a token or for your use of the App and/or Web Portal.
CTA is not responsible for any refunds or credits as a result of card clashing. Card clashing happens when you accidently touch more than one bank card and/or Smart Card on the payment reader at the same time. You must keep your Contactless Payments and Smart Cards away from each other when utilizing the payment reader to ensure the correct fare is paid. The “correct fare” is defined as paying no more than the published CTA fare for your journey at the time of transaction(s). In order to pay the right fare, you must also use the same token (Mobile, Smart Card or Contactless Payment), when paying fare at the payment reader. CTA is not responsible for any refunds or credits as a result of you using multiple tokens.
Each rider who downloads the App or utilizes a Smart Card creates a contract with CTA for transport services. CTA hereby indemnifies Masabi for any liability to you in relation to these services or their availability or performance (including any use or access to any CTA operated vehicle, the CTA network, any use of any services provided of a Mobile Account Contactless Payment or any use of the App).
Contactless Payments
Contactless Payments can be used for payment if your financial institution’s bank card, prepaid bank card or mobile phone is enabled to conduct Contactless Payments. Contactless Payments are pay as you go, and regular published fare rates apply to these transactions (subject to change). CTA is not responsible for any additional fees associated through the use of Contactless Payments. CTA makes no guarantee that any financial institution bank cards, prepaid bank cards or mobile phone payments will be accepted.
For any ticket or token purchased with a credit or debit card, the appropriate payment will be deducted from your bank account at time of purchase. Please note that your debit/credit card details will be stored on our systems.
PRICES AND RECEIPTS
Tickets
When you purchase a mobile ticket on the App, you will be notified of the price before you confirm your purchase. For information on fares please visit the CTA fare information web page at https://www.kauai.gov/Government/Departments-Agencies/Transportation/Bus-Fares. Once you complete your purchase, a receipt will be emailed to the email address you provided.
Account Based Ticketing
A minimum single transaction amount of $[ 2.00 ] must be loaded to your Stored Value Account, with a maximum single transaction amount of $[ 551.00 ] (subject to change). The ‘Account Based Ticketing Payment’ section above describes the ways in which value can be loaded to the account.
You shall keep a balance equivalent to that of CTA’s required standard fare payment to board the vehicle. [Where you hold a negative Stored Value Account balance, you shall be denied boarding on the vehicle for having insufficient funds available], unless the account is fare capped, in which a positive balance is required following the completion of the fare capped period. You shall pay all costs, including attorney’s fees, incurred by CTA to collect any monies due to CTA.
For more information on fares please visit the CTA fare information web page located at https://www.kauai.gov/Government/Departments-Agencies/Transportation/Bus-Fares
DISCOUNT FARES
Seniors 65+ years; individuals with disabilities; and students in elementary, middle, and high school, ages 7-18, are eligible for discount fares. Only eligible individuals may use a discounted mobile ticket or make a discount fare payment through a Mobile Account or Smart Card Account. Contactless Payments cannot be utilized when attempting to pay a Discount Fare (subject to change). You must be able to present proof of eligibility when identifying your Mobile Account or Smart Card Account for a discounted fare. CTA is not responsible for refunding or crediting Contactless Payment, Mobile Account or Smart Card Account balances due to your failure to properly identify your account at the time of any transaction. Unauthorized use of discounted fare programs is a form of fare evasion and will be enforced according to CTA policy and the laws of Title VI Motor Vehicles and Traffic Regulations, Chapter 17A County Bus Fares of the County of Kauai Code. For more information on discount fares please visit the County of Kauai Transportation Agency fare information web page at https://www.kauai.gov/Government/Departments-Agencies/Transportation/Bus-Fares.
REGISTRATION OF ACCOUNT BASED TICKETING ACCOUNTS
You may register multiple tokens including, but not limited to, mobile barcodes through the App and Smart Cards. Riders choosing a Smart Card Account are not required to register, and can remain anonymous, however you will lose the ability for CTA to temporarily close the account in the event of a lost or stolen Smart Card or have the availability to potentially other promotional offers and account benefits made through information gained during the registration process. If you opt to utilize a Mobile Account, you must first register for an Account on the App.
Where you register a Mobile Account with full access to your transaction history and other information, in addition to an email address, you may be required to provide certain other information (“Registration Data”). The following conditions will apply all of your Registration Data:
● you agree that the Registration Data provided by you is accurate, complete and will be kept up-to-date. Failure to do so will constitute a breach of these Terms and may result in a termination of your account and access to the App without notice.
● you are responsible for maintaining the security and confidentiality of your account user identification (“User ID”) and password. You are solely responsible for all activities that occur through the use of your User ID, password, and mobile device.
● you shall not access or use, or attempt to access or use the App using the identity or the Registration Data of any person other than your own.
● you agree to immediately notify CTA of any unauthorized use of your User ID or password.
● you may be asked via an email message from CTA or Masabi to confirm your Registration Data from time to time. If such information is not confirmed, your account may be deleted by CTA without notice. Once your account has been deleted, your account information may be retained or removed by CTA in accordance with the Privacy Act of 1974 (Pub.L. 93–579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a), a United States federal law.
AVAILABILITY & UPDATES
Tickets
The mobile ticket can be used on all CTA bus service. Travel is based on fare applicability on CTA services at the time of purchasing a ticket. The mobile ticket is valid when the ticket is activated on the mobile app after purchase. You may not start your trip on a CTA vehicle until you have a valid ticket. Once purchased, the mobile ticket will specify the fare type, the validity of the ticket and its expiration date. CTA reserves the right to issue updates to the App, in which case you may not be able to continue use of the version of the mobile application installed on your mobile handset without downloading the latest update. CTA recommends that you download and install all updates issued. CTA is not liable for errors which become apparent in old versions of the mobile application.
Account Based Ticketing
A token can be used on all CTA bus service. Travel is based on fare applicability on CTA services at the time of boarding the service. You may not start your trip on a CTA vehicle until you have a valid token.
CTA has the right, at its sole discretion, to suspend access to a Mobile Account or Smart Card Account available through the App at any time and for any reason, with or without notice. Except when CTA suspects fraudulent activity or believes that a rider is seeking to access or use Contactless Payments, the Mobile Account or Smart Card Account other than in accordance with these Terms, CTA will use reasonable efforts to only suspend access when carrying out maintenance on the App, or Masabi’s systems for supporting it.
CTA reserves the right to issue updates to the App, in which case you may not be able to continue use of the version of the App installed on your mobile device without downloading the latest update. CTA recommends that you download and install all updates issued. CTA is not liable for errors which become apparent in old versions of the App.
CHANGES, REFUNDS AND REPLACEMENTS
All refund requests will be reviewed on a case by case basis. In general, tickets and tokens cannot be replaced, changed, cancelled, or refunded except under very special circumstances, including but not limited to App service disruptions. The decision to replace, change, cancel or refund a ticket or token is made at CTA's sole and absolute discretion. You can submit a request for a refund by emailing etickethelp@kauai.gov. Please note that where a refund is made it shall be for the ticket or token price only. Any other associated fees are non-refundable. Neither CTA nor Masabi shall be obliged to replace, change, cancel, or replace a ticket or token when CTA has reason to believe that the circumstances prompting the refund, change, cancellation, or replacement is the result of fraud.]
DATA CHARGES
The App is free, but data charges may be incurred to you by your cell phone network provider. The App requires a correctly configured and functional wireless internet data connection for (i) the initial download and installation of the App onto a mobile device; (ii) the purchase of tickets; (iii) periodic purchases of stored value through the App; and (iv) accessing updates on your account balance or account status. You are responsible for any such costs. CTA will not take responsibility for any connectivity issues you may experience. You do not need to have a functional wireless internet data connection in order to board vehicles.
TERMINATION AND INACTIVE ACCOUNTS
If you violate these Terms or any policies or guidelines posted on the App, then CTA shall have the right to immediately terminate your access or block Contactless Payments accounts to use the App and all access to your Mobile Account or Smart Card Account. CTA reserves all of its other rights at law and in equity.
An “Inactive Account” occurs when an account has been inactive for more than [one year]. If the CTA closes an Inactive Account, the remaining funds in the Inactive Account shall become the property of the CTA and the Account will be closed.
MATERIALS, OWNERSHIP AND RESTRICTIONS ON USE
The App and/or Web Portal is operated by CTA and is either owned by CTA or its third party licensors (including without limitation Masabi) and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain the property of CTA or Masabi or their respective licensors. You may not copy (other than copies made incidentally on your mobile in the course of your use of the App and/or Web Portal), reproduce, republish, upload, post, transmit or distribute the App and/or Web Portal or any of its content without the prior written permission of CTA and its licensors. Nor may you: (i) reverse engineer, decompile or seek to obtain the source code to the App and/or Web Portal except where and to the extent expressly required to be permitted by applicable law; or (ii) make or seek to make derivative works based on the App and/or Web Portal. Use or downloading of the App and/or Web Portal is conditioned on acceptance of the terms and conditions of this agreement. By using or downloading the App and/or Web Portal, you agree to such terms and conditions. The App and/or Web Portal is supplied to you by CTA and neither Masabi nor any of CTA’s other third party licensors shall have any liability to you arising out of or in connection with the App and/or Web Portal.
Hawaii State law applies to these terms and conditions and users agree that any dispute between CTA and the users of the App and/or Web Portal regarding the App and/or Web Portal or arising out of or in connection with these terms and conditions are subject to the exclusive jurisdiction of the County of Kauai Courts.
LIABILITY DISCLAIMER
In no event will CTA be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. In no event will Masabi be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of or in connection with your use or access to any token or the App, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Neither CTA nor Masabi shall be liable for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the App or any token. Nothing in these terms and conditions shall exclude or limit a person’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
LEGAL RESPONSIBILITY
CTA may amend or update these Terms from time to time. Whenever you make a transaction via the App, you will be asked to confirm your acceptance of the most up-to-date version of these Terms. If you do not agree to any changes, you shall not be permitted to use the App.
These Terms (as may be amended, updated, or supplemented from time to time) are intended by CTA to set out the entire agreement between CTA and riders with respect to a riders’ use of, and the provision by CTA, of the App and/or Web Portal. CTA recommends that your read them carefully to protect your own interests and to ensure that you understand your rights and obligations hereunder. The use of Mobile Accounts and Smart Card accounts, and any transactions made through the mechanisms described in the ‘MABT Payments’ section, are governed by the laws in force in The County of Kauai and the United States. You agree and submit to the exclusive personal jurisdiction and venue of the courts located in The County of Kauai. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
If you lose your mobile phone with a valid ticket or token saved on it, please call our customer support number at (808)246-8110 where you can request that any tokens associated with your Account be blocked. Any tokens remaining on your account can be transferred to your new mobile phone.
CTA may cease to operate the service at any time, in which case the values of any balance associated with unused tokens at that time will be refunded.
PRIVACY AND DATA COLLECTION
When utilizing the App, Web Portal or a registered Smart Card, you acknowledge and agree that both CTA and Masabi will collect and store certain personal information about you and your travel including, but not limited to:
- If you opt to utilize a Smart Card, registration is available through [insert webpage]. When you choose to register for an Account with full access to your transaction history and other information, in addition to an email address, you may be required to provide certain other information (“Registration Data”) as well.