MBTA Auto-Pay Terms of Use
Updated on May 23, 2019
Welcome to the Massachusetts Bay Transportation Authority (“MBTA”) Auto-Pay Program (“Program”) and our Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully.
By accessing or using the websites or mobile applications (collectively, the “Sites”) provided by the MBTA (“MBTA,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference, including our Privacy Policy. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
MBTA reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
1. Registration, Account and Communication Preferences
To access and use certain areas or features of the Sites, you will need to register for a Program account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Program account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
2. Terms of Sale
2.1. Payment Processing
The MBTA will process your purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified. We accept major credit cards, and may offer other payment services (such as PayPal and certain digital wallet services) at any point. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription, product or access will be terminated. Contact support if you believe your access was terminated in error. To view or change your payment method, visit the website.
2.2. Pricing
When you purchase a Product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order. You also agree to the billing frequency stated at the time of your order.
All prices are in United States Dollars, unless otherwise stated.
The MBTA reserves the right to change prices and fees at any time in accordance with applicable law. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.
If you believe someone else has used your account or you are being charged for a product you do not have, please contact support.
2.3. Billing
2.3.1. Billing of Automatic Payments
We will charge or debit your payment method before the start of service, generally, on or about the 22nd of the month for service starting the subsequent calendar month. Billing will continue according to the cycle stated at the time of your order.
All Subscriptions are renewed automatically. When we renew your subscription, we will use the payment method currently associated with your account.
2.3.2. Billing of One-Time Purchases
When you make a one-time purchase, we will charge or debit your payment method at the time of purchase.
2.4. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes without our advance written permission.
2.5. Replacements and Refunds
All tickets and passes are nonrefundable after purchase, or as otherwise set out in the MBTA Tariff and Statement of Fare and Transfer Rules. If your CharlieCard is lost, stolen or does not work, please contact support for information on replacements.
3. Cancellation Policy
When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.
You can change or cancel your automatic payments at any time from the website.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
4. Changes to Content or Access
We reserve the right to make any change, including modifying, suspending or discontinuing, temporarily or permanently, to our Products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
5. Cancellations by Us
We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
6. Cancellation of Program
We reserve the right to suspend or terminate the Program at any time, for any reason, with or without notice and without further obligation.
7. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MBTA, and our respective past, present and future employees, officers, directors, contractors, consultants, suppliers, vendors, service providers, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MBTA Parties”), from and against all actual or alleged MBTA Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Sites, Content or Products by you or any third party you authorize to access or use such Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify MBTA of any third party Claims, cooperate with the MBTA Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the MBTA Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MBTA Parties.
8. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MBTA PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY MBTA PARTY, OR FROM EVENTS BEYOND THE MBTA PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE MBTA PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE MBTA PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH MBTA PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
9. Governing Law and Venue
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the courts in the Commonwealth of Massachusetts, in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts.
10. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
11. Headings
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
12. Waiver
The MBTA's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
13. Entire Agreement
This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between the MBTA and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.