Terms and Conditions for HOLO Card and Privacy Policy

With the launch of the HOLO card, the City’s new transit fare card, we have new Terms and Conditions for the fare payment service and have a new Privacy Policy for the information stored in the system. These Terms and Conditions apply to all fare payment interactions you may have with the use of the HOLO card including but not limited to TheBus, Handi-Van and the new rail system, our website, mobile apps and online store.
Below you will find the full terms of service. A summary is provided first in bold. By using our services, you agree to be bound by these Terms of Service and our Privacy Policy.

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 TheBus, the rail, Handi-Van, the HOLO websites, HOLO mobile apps, customer service center applications and retail applications.
By using these services (even if you do not register your HOLO card), you agree to be bound by these terms of service.
In addition to these terms, our Privacy Policy also applies to your use of all Holo cards services. We may periodically update these terms and our Privacy Policy, and we will let you know when we do so.
These Terms of Service form a legal agreement between you and the City and County of Honolulu (“the City”, or”we” or “us” or “our”). These Terms of Service govern your use of all electronic HOLO card services, including services offered through its website, mobile applications (“apps”) and other electronic services (collectively, the “Services”.)
These General Terms apply of 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 of Service, whether or not you are a registered Services user. We have the right to change these Terms of Service at any time. We agree to post a notice of the changes in the footer of our websites, and the changes will be effective 30 days after posing such notice to our website. Your continued use of the Services shall be considered your acceptance of the revised Terms of Service. If you do not agree to these Terms of Service, 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.
You agree to our use of your personal information and content in accordance with our Privacy Policy, which is incorporated herein by reference. Please note that the City is subject to public records laws.

A. Registration
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 sue 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, servicemarks, 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 Card™, and other trademarks, servicemarks, 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 or 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 of use.
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.
Your feedback and participation are important to us. With respect to any content you submit or make available to the City (including through or “Contact Us” pages and social media channels), such as your biography, comments, suggestions, pictures, videos, and other content, you grant the City a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, and create derivative works from such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new Services. This license continues even if you stop using our Services. Personal information we collect from you is subject to the HOLO card Privacy Policy.
In the event that 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 of Service 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 soley 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 not liability relating to any user content or activities of users through the Services. Even in the even 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:

F. Links to Our Website
You can link to our website, but we ask that you follow some rules;
• You can’t damage the City’s business goodwill, name or trademarks;
• You can’t 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 affliated 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.

G. Termination
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 of service.
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 of Service; (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 of Service.

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 as a result 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.

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 OF USE 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.

Indemnity
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 of Service 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 of Service.

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.

By creating an account or signing up for service updates, you agree that we or persons acting for us may send you informational text (SMS) messages as part of your use of the Services. You may opt out of receiving text (SMS) messages from the City at any time by replying STOP to the text or by emailing the City at _____________ indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

K. Other Provisions
When you ride the City transit services with your HOLO card, you need to follow all provisions of the The City HOLO Card Code, including proof of payment requirements. Some terms remain in effect after termination of these terms and conditions. These terms are personal to you and cannot be assigned to anyone else. Any dispute with the City is governed by the laws of the state of Hawaii, and any claims must be brought within one year. If we don’t enforce these terms, that isn’t a waiver of our right to enforce them later. If any part of these terms is not enforceable, the remaining provisions remain in force. These terms and the Privacy Policy represent our entire agreement with you.

1. The City Fare Tarriff ( Code)
Use of the City Transit System is subject to the City’s transit fare tariff 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 Code or law, including, but not limited to, exclusion and citation, upon any person whose conduct violates the TriMet Code or applicable law while on the City’s Transit System. You agree to fully cooperate with the City’s Inspectors and peace officers upon demand to exhibit proof of fare payment in accordance with City Code Chapter X - Proof of Fare Payment.

2. Survival
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including, without limitation, User Content, Intellectual Property, Indemnity, Warranty Disclaimer, Limitation of Liability; Limitation of Damages, and Other Provisions.

3. Assignment
These Terms of Service are personal to you, the user. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party. These Terms of Service may be assigned by the City without restriction.

4. Disputes
These Terms of Service will be governed by the laws of the state of Oregon, 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 Multnomah County, Oregon, 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 of Service will not constitute a waiver of that or any other right or provision.
7. Severability
If any provision in these Terms of Service is determined by a court to be invalid or unenforceable, the remaining provisions of these Terms of Service shall continue to be valid and enforceable.
8. Entire Agreement
These Terms of Service and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Services. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including, without limitation, any prior versions of these Terms of Service.

II. Specific Service Terms
HOLO Card lets you pay for your fare on TheBus, The Handi-van and the rail system. Retail purchases don’t have to be registered, but registration gives you the benefit of certain functions like balance protection and automatic reloading. You can register online or through the mobile app.
These are details about some of the different options for adding money onto your HOLO Card, including autoload.
You have to tap your HOLO Card, and when implemented, your contactless bank card or mobile wallet on a reader to redeem your fare.
If you lose your registered HOLO Card, let us know right away in order 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.
If you use your HOLO Card on TheBus, Handi-van, and the rail, you have to 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.

1. Registration
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, in order to access and use certain functions of the HOLO Card™ mobile app, you will need to register an account. You may also register an account through the HOLO Card™ website at http://HOLOcard.gov/. Registration is required if you wish to (i) reload value on your card online or through the mobile app, (ii) protect your card’s balance against loss or theft, or (iii) manage your account.

If you choose to register your HOLO Card™ (including cards provided to you by your employer, an educational institution, or other entity), the card’s serial number will be linked to your account. 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 supermarkets, convenience stores, other retailers, Satellite City Halls, and ticket vending machines (TVMs). To obtain a Youth or Senior discounted card you must visit a Satellite City Hall and prove eligibility with relevant proof of age documents. Medicad, Disabled and Handi-Van cards can only be purchased at the Middle Street Transit Center at 611 Middle Street, Honolulu, HI 96813. You select the amount of value to load, which must be an amount between $2.50 and $250.00. After initial purchase, registered users may load additional value (i) via the HOLO Card website or app or (ii) by calling 1-808-768-HOLO(4656).

HOLO Cards™ are not, and do not represent, “accounts” or “deposits” and HOLO Cards ™are not “money.” They simply represent a prepaid transportation fare. You may not redeem HOLO Cards ™ for money or any product or service other than the applicable services. HOLO Cards ™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. Sales of HOLO Cards ™are final and non-refundable. HOLO Cards ™cards are not transferable.

o Automatic Reloading: You may choose to enable automatic reloading of value to your HOLO Card™ by logging into your account and using the mobile app or 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.

3. Redeeming Electronic Fares
You can find card readers on board for buses and in stations at faregates. Handi-Van drivers will have a mobile card reader. To redeem a fare, you may tap either your HOLO Card™ and in the future your contactless bankcard, including bank cards loaded in mobile wallets such Apple Pay and Android Pay, on a card reader.
4. Lost, Stolen and Damaged Cards
The City expects you to take reasonable precautions to protect against lost, stolen, or damaged cards. However, we recognize that accidents happen. If you have registered your HOLO Card™, you can report your card lost, stolen, or damaged and then the City can transfer your balance from the lost card to a new card you acquire. Unregistered HOLO Cards™ do not offer the balance protection that registered HOLO Cards™ do.
5. Your Responsibilities
You are solely responsible at all times 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.