HOLO Card Terms & Conditions
1. General Terms
These terms cover your use of the HOLO Card for payment on services accepting the HOLO Card including but not limited to Skyline, TheBus, TheHandi-Van, HOLOcard.net, customer service center applications and retail applications.
By using these services (even if you do not link your HOLO Card to a HOLOcard.net account), you agree to be bound by these Terms & Conditions. We may periodically update these terms without notice.
These Terms & Conditions form a legal agreement between you and The City and County of Honolulu (“The City,” or ”we” or “us” or “our”). These Terms & Conditions govern your use of all electronic HOLO Card services, including services offered through its website, and other electronic services (collectively, the “Services”).
These General Terms apply to all electronic Services. Additional terms apply to specific Services, and those additional terms are described below in Section II (“Specific Service Terms”).
By access the Services on any computer, mobile phone, tablet, console, or other device, or through use of an electronic fare card, you signify that you have read, understand, and agree to be bound by these Terms & Conditions, whether or not you are a registered Services user. We have the right to change these Terms & Conditions at any time. You agree that The City has the right to change these Terms & Conditions at any time, whether or not we post a notice of the changes on our websites. Your continued use of the Services shall be considered your acceptance of any revised Terms & Conditions. Your continued use of the Services shall be considered your acceptance of the revised Terms & Conditions. If you do not agree to these Terms & Conditions, please do not us any of the Services.
The Services are not a forum for public communication and debate, but a means for The City to provide information relating to City services, programs, objectives, missions, and projects to the public and its customers.
Your account may be created by you or by an employer, education institution, or other group. If you are registered with another group, that group may have its own terms that apply to your use of your account. Either way, you are responsible for activity under your account.
You need to register for an account before using some of the Services. You may create your own account, or an account may be assigned to you by and administrator, such as an employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account.
You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the Services. The City is not responsible for any loss that results from the unauthorized use of your username and password, with our without your knowledge.
B. Intellectual Property
Our trademarks, service marks, logos, and copyrights belong to The City and cannot be used without our express written permission.
All content included on or through the Services, such as text (including blog posts, schedules, arrival information, fare information), graphics (including maps), designs, logos, presentations, videos, data, instructions, photos, and software (the “Materials”), is the property of The City or its licensors. The Materials are protected by copyright, trademark, and other intellectual property laws.
HOLO™ and other trademarks, service marks, and logos that we use are trademarks of The City. Third-party trademarks that appear in connection with the Services are the property of their respective owners. You may not use any of the trademarks displayed in connect with the Services without the express written permission of The City.
C. Limited License
We are granting you a license to use our Services. This means you cannot sell, reverse engineer, circumvent or collect anything about users or our services that is not permitted.
The City grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to use the Materials provided to you by The City as part of the Services. When a Service requires or includes downloadable software (such as apps), The City grants you a personal, United States, royalty-free, non-assignable, and non-exclusive license to download the software onto your mobile device. These licenses are for the sole purpose of enjoying the Services and are subject to the license restrictions below.
If you are a developer using The City Materials to develop a transit-related application program interface (“API”), your access to and use of The City Materials is governed by the developer Terms & Conditions.
Unless laws prohibit these restrictions or you have our written permission, you may not:
- Copy, modify, distribute, sell or lease any part of our Services or included software;
- Reverse engineer or attempt to extract the source code of our software;
- Download, print, copy, distribute, or otherwise use Materials for commercial purposes, including commercial publication, sale or personal gain;
- Use any manual process or robot, spider, scraper, or other automated means to collection information or Materials form the Services or from users of the Services;
- Circumvent any of the technical limitations of the Services, including by preventing access to or use of the Services by our other users;
- Change or remove any copyright, trademark, or other proprietary notices, including without limitation, attribution information, credits, and copyright notices that have been place on or near the Materials; or
- Impersonate any person or entity or misrepresent yourself or your entity in connection with the Services or attempt to use another user’s account without the user’s permission.
D. Third-Party Services
Some services may include links to third-party companies. We are not responsible for third-party websites or services.
The Services may contain links to websites, applications, or other products or services operated by other companies (“Third-Party Services”). For example, many mobile apps that The City promotes are developed and offered by third parties.
All decisions as to the placement of links to external sites or pages from the Services will be made by The City in its sole discretion. The City is not responsible for and does not endorse the content of any third-party website or service. Third-party websites are governed by the separate terms and privacy practices of such third parties. You access such Third-Party Services at your own risk. In the case of third-party apps, we list or link to them merely as a convenience to our users, and The City does not sponsor or endorse these apps. We expressly disclaim any liability for these Third-party Services.
E. User Content
If you submit any content or feedback to The City, you give us the right to publicly display that feedback. Any content you provide cannot violate the rights of anyone else, and you are responsible for any content you supply. We do no prescreen content submitted by other users, so we cannot guarantee its accuracy. We have not liability for content supplied by others.
If you submit or post any creative suggestions, proposals, or ideas about our products and services, you agree that such submissions will be automatically treated as non-confidential and non-proprietary. We may use your feedback without any obligation or credit to you.
1. CONTENT RULES
You represent and warrant that your user content does not and will not violate these Terms & Conditions or the rights of any third party, including infringing or misappropriating any third-party intellectual property and publicity rights or violating the privacy rights of another person. You are solely responsible for your user content.
2. USER CONTENT IS NOT PRESCREENED
We do not prescreen content posted by users and cannot guarantee the Services will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful, or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users through the Services. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove such user content. If you have concerns about any content posted by another user, please contact us at:
Mailing Address: HOLO Card Office, 625 Middle Street, Honolulu, HI 96819
Phone: 808-768-4656 (HOLO)
F. Links to Our Website
You can link to our website, but we ask that you follow some rules:
- You must refrain from damage to The City’s business goodwill, name or trademarks;
- You must not give anyone the impression that you are affiliated with or endorsed by The City;
- We may ask you to post a notice that your site is unofficial and not affiliated with The City.
The City permits links from other websites in accordance with the following conditions:
- The appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with The City’s name and trademarks or be displayed in any manner that is likely to cause confusion among the public or disparage or discredit The City;
- The appearance, position, and other attributes of the link may not create the false impression that an organization or entity is sponsored by, affiliated with, or associated with The City or that views expressed on the website are those of The City. The City reserves the right to require that the linking website include notice stating that is an unofficial website and is not endorsed by, sponsored by, or affiliated with The City and that any views expressed on the website are not those of The City; and,
- When selected by a user, the link must display The City website in full screen, not within a frame on the linking site.
We can suspend or terminate your account, delete your user content, or restrict access without notice and without liability to you.
We reserve the right in our sole discretion to (i) suspend or terminate your account, (ii) delete any or all of your user content, (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue any part of the Services, for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing the Services by using any technology available, such as blocking certain IP addresses or device numbers.
H. Your Representations and Warranties
You agree you are at least 13 years of age, have given us accurate information, are eligible to use the Services, won’t use them fraudulently and will comply with all laws and Terms & Conditions.
You represent and warrant that: (i) you are 13 years of age or older; (ii) you have provided accurate and current information about yourself; (iii) you are eligible to use the Services and have the right and power to enter into these Terms & Conditions; (iv) you will comply with all federal, state, and local laws; (v) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner that interferes with the operation of the Services; and (vi) you will comply with these Terms & Conditions.
I. Warranty Disclaimer
These sections limit our liability. This includes a legal warranty disclaimer, limitation on our liability and an indemnity clause. You should review these limitations.
Although The City strives to provide Materials that are both useful and accurate, the nature of the data and other information available through the Services is subject to frequent change. Accordingly, the Materials may not always be up-to-date, accurate, or complete. The Services and Materials are provided “as is,” “as available,” and without warranties of any kind. You use the Services and Materials at your own sole risk. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, and non-infringement, as well as warranties implied from a course of dealing or course of performance. The City does not warrant that the Services will be continuous, prompt, secure, or error-free. The City assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur because of the unavailability of the Services. The City assumes no responsibility, and shall not be liable for, any damages to your equipment, devices, or other property arising from your use of the Services.
1. LIMITATION OF LIABILITY; LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON OR UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO (i) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY ERRORS, OMISSIONS, OR INACCURACIES IN ANY MATERIALS AVAILABLE THROUGH THE SERVICES; (ii) THE CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) THE PERFORMANCE OF THE PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, CONTENT, OR PERSONAL INFORMATION; (v) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (vi) OR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICES.
THE CITY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS. THE CITY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTIES. PLEASE REVIEW THEIR TERMS & CONDITIONS AND PRIVACY PRACTICES BEFORE USING THEIR SERVICES.
IN NO EVENT SHALL THE CITY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED $500. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless The City and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Services, including, without limitation, your user content or any use of the Materials other than as expressly authorized in these Terms & Conditions.
J. Electronic Communications
When you use our services, we will send you emails. You can opt out of most communications. If you sign up for service updates, you agree that we may send you email message updates. You can opt out of these.
By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails, and other communications between you and The City may be recorded and stored. All such communications from you shall be treated as user content hereunder.
K. Other Provisions
1. APPLICABLE CITY BILLS, ORDINANCES & LAWS
Use of The City transit services is subject to City ordinances and administrative rules and applicable law. The City reserves the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by The City’s ordinances or law, including, but not limited to, exclusion and citation, upon any person whose conduct violates an ordinance or applicable law while on The City’s transit services. You agree to fully cooperate with The City’s inspectors and officers upon demand to exhibit proof of fare payment in accordance with Ordinance 21-13, Ordinance 21-7, and Bill 91 (2020).
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms & Conditions, including, without limitation, User Content, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liability, Limitation of Damages, and Other Provisions.
These Terms & Conditions are personal to you, the user. You may not assign these Terms & Conditions or any rights and licenses in these Terms & Conditions to another party. These Terms & Conditions may be assigned by The City without restriction.
These Terms & Conditions will be governed by the laws of the State of Hawaii, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in The City and County of Honolulu, Hawaii, and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
5. LIMITATIONS ON CLAIMS
Any cause of action or claim you may have with respect to the Services (including, without limitation, the purchase of products and services through the Services) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
6. NO WAIVER
Our failure to exercise or enforce any right or provision of the Terms & Conditions will not constitute a waiver of that or any other right or provision.
If any provision in these Terms & Conditions is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms & Conditions shall continue to be valid and enforceable.
8. ENTIRE AGREEMENT
2. Specific Service Terms
The HOLO Card lets you pay for your fare on Skyline, TheBus and The Handi-van. A HOLO Card is required to ride Skyline. Although it is not required, registering your HOLO Card by creating an account and linking your HOLO Card to the account gives you the benefit of certain functions like balance protection and automatic reloading. You can create an account online at HOLOcard.net and use the number on the back of your HOLO Card to link it to your account.
These are details about some of the different options for adding money onto your HOLO Card, including autoload.
You must tap your HOLO Card on a reader to redeem your fare.
If you lose your registered HOLO Card, let us know right away to protect your balance. The balance on unregistered cards is not protected.
You are responsible for redeeming your fare and having proper proof of payment. If you don’t have your fare, you are subject to penalties including citation and exclusion.
When using your HOLO Card on Skyline, TheBus, or TheHandi-van, you must follow their rules and terms.
A. HOLO Card™ Electronic Fare System
The HOLO Card™ electronic fare system allows you to pay your fare for use of the City’s transit services (TheBus, Handi-van and rail) by your tapping HOLO Card™ and in the future, your phone, contactless bankcard, on the readers. These terms apply to your use of the HOLO Card™ and mobile app.
If you purchase your HOLO™ Card at a retail location, no registration is required to redeem the fare or check the balance of the card. However, to access and use certain functions of the HOLO™ Card, you will need to create an account. You may create an account through the HOLO Card™ website at http://HOLOcard.net. An account is required if you wish to (i) load a pass or value onto your card online, (ii) protect your card’s balance against loss or theft, or (iii) manage your account.
To link the HOLO™ Card to your account, use the serial number on the back of the HOLO™ Card (including cards provided to you by your employer, an educational institution, or other entity). No more than 10 cards may be linked to a single account.
2. LOADING VALUE
You may purchase HOLO™ Card reloadable cards—and add value and or pass products to the cards—at participating supermarkets, convenience stores, other retailers, Satellite City Halls, and Skyline Station ticket vending machines (TVMs). Not all participating locations offer the same products or services. Annual pass and reduced fare HOLO cards that require specific documents such as proof of age or medical records—including Disability, Medicare, Senior, and Youth cards—are available at TheBus Pass Office at 601 Middle Street, Honolulu, HI 96813. Senior and Youth cards are also available at all Satellite City Halls, except Ala Moana Satellite City Hall, by appointment only. You select the amount of value to load, which must be an amount of at least $3.00. After initial purchase, users with a HOLOcard.net account may load additional value (i) via the HOLO Card website or (ii) by calling 1-808-768-HOLO (4656).
The HOLO™ Card is not and does not represent “accounts” or “deposits” and the HOLO™ Card is not “money.” It simply represents a prepaid transportation fare. You may not redeem a HOLO™ Card for money or any product or service other than the applicable services. HOLO™ Card value never expires, but after three years of inactivity, your balance will be removed. You must contact 1-808-768-HOLO to reinstate your balance after your balance is removed. The HOLO™ Card is not transferable.
Automatic Reloading: You may choose to enable automatic reloading of value to your HOLO™ Card by logging into your account and using the website tools, by specifying the value to add when the account balance drops below a defined threshold. If you enable automatic reloading, you authorize The City to automatically charge your payment card the amount that you have selected on the schedule you have selected. You may opt out of automatic reloading by changing your account preferences.
All sales are final. Fares (including passes or stored value) sold through the HOLO™ Card system, including at retail locations, are non-refundable except in the case of a system malfunction.
If the HOLO™ Card system malfunctions through no fault of your own, you may be eligible for a goodwill credit, where any lost pass or stored value is either returned to your HOLO™ Card or refunded. To be eligible for a goodwill credit for a HOLO™ Card, you must have an account on HOLOcard.net `with the HOLO™ Card linked to your account. Goodwill credit requests can be submitted by calling the HOLO Customer Service Center and are subject to investigation, review, and approval of the HOLO Customer Service Center manager and The City. If you have already used the stored value or pass on the HOLO™ Card to ride Skyline, TheBus, or TheHandi-Van, you are not eligible for a goodwill credit for the stored value you used or the days you used your pass.
4. REDEEMING ELECTRONIC FARES
You can find HOLO™ Card readers at Skyline station fare gates and on board TheBus and some of TheHandi-Van vehicles. To redeem a fare, you may tap your HOLO™ Card on the card reader. Please note that a HOLO Card is required to ride Skyline.
5. LOST, STOLEN, OR DAMAGED CARDS
The City expects you to take reasonable precautions to protect against a lost, stolen, or damaged HOLO™ Card. However, we recognize that accidents happen. If you have created an account on HOLOcard.net and linked your HOLO™ Card, you can report the card lost, stolen, or damaged. Then the HOLO Customer Service Center can transfer your balance from the lost HOLO™ Card to a new HOLO™ Card you acquire at a retail location or online at HOLOcard.net. If you do not link your HOLO™ Card to your HOLOcard.net account, you do not receive the balance protection of a linked HOLO™ Card.
6. YOUR RESPONSIBILITIES
You are always solely responsible for proper redemption of fares and maintaining proof of fare payment in accordance with the rules of the applicable transit system. You understand that you will be subject to penalties, including, but not limited to, citation and exclusion, for failure to exhibit proof of fare payment.