Terms and Conditions

Terms and Conditions of Use
Keolis North America Website

This Website (the “Website,” or the “Site”) is provided to you by Keolis North America (“we” or “us”). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the programs and services we offer through it, we have created (i) these Terms and Conditions of Use (the “Terms”) and (ii) a Privacy Policy. Our Privacy Policy (“Policy”) explains how we treat information you provide to us through the Site. Our Terms govern your use of our Site. Both our Terms and Privacy Policy apply to visitors to our Site (“Site Visitors”) as well as anyone enrolling in the programs or services we offer through it. These Terms apply only to your use of this Website, Keolis North America. These Terms do not apply to any other services or information you obtain from Keolis North America.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.

  1. Your Agreement
    These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and Keolis North America. By using the Website you consent to these Terms. In addition, when you choose to participate in certain Website Services programs we will further confirm your consent to this Policy, by asking you click an “I accept” button referring to these Terms.
  2. Grant of Rights
    Based on your agreement to comply with these Terms, we grant you the right to access and use all areas of the Website in order to (i) learn more about Keolis North America as well as the programs and services that we offer, and (ii) use and enroll in any of the programs or services in which you are eligible to participate (collectively “Permitted Purposes”). Apart from using the Site for the Permitted Purposes, you may not use, copy, modify, or distribute our Website (or pages from our Site).
  3. Keolis North America Ownership; Reservation of Rights
    All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website or embodied in our programs and services, including all associated intellectual property rights, are the proprietary property of Keolis North America, its licensors, or are used under principles of fair use, and protected by copyright and other intellectual property laws. Keolis North America retains all rights with respect to the Website except those expressly granted to you in Section 2 above.
  4. Code of Conduct
    By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you will not:
  5. Revocation or Suspension of Use Privileges
  • Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Such uses would include, for example, distributing or promoting material containing solicitations or forwarding chain letters.
  • Seek to obtain access to any material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
  • Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing. For example, when signing up for a program or service that we offer, such as submitting a resume, you should make sure that all of the information you provide us accurately reflects what we ask from you.
  • Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

We reserve the right at any time to terminate or suspend your use of some or all of the Website if you engage in activities that we conclude, in our discretion, breaches our Code of Conduct.

  1. Submitted Content
    We may provide features on our Site, such as “bulletin boards” or “Blogs,” that will allow you to interact with other Site Visitors by posting information. If you post content to our Website, by electronic mail or otherwise, we will treat the content as non-confidential and nonproprietary to you. By posting content on the Website, you authorize us to use and allow others to use, distribute, modify, and copy the content, without compensation to you and for so long as we choose (collectively, “Use Rights”). Moreover, when you post content on our Website, you warrant that you have sufficient authority and right to submit or post the information, and to grant these Use Rights to us.
  2. Warranty Disclaimer
    Keolis North America and its Third Party Vendors do not promise that the Website will be error-free or uninterrupted, or that the programs, services, and features offered on our Site will be provided error-free or uninterrupted. The Site, and all of the programs and services on the Site are available on an “AS IS” and “AS AVAILABLE” basis. Keolis North America and its Third Party Vendors do not warrant or represent that files you download from the Site will be free of viruses or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, KEOLIS NORTH AMERICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE KEOLIS NORTH AMERICA SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
  3. Links to Third-Party Sites
    The Website may contain links or references to third party websites. Keolis North America has no control over these third party sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on them. Keolis North America does not endorse the content of any third party site, nor does Keolis North America warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you link to any third party site through our Site, please be aware that you are doing so at your own risk.
  4. Limitation of Liability
    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL KEOLIS NORTH AMERICA OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE KEOLIS NORTH AMERICA SITE, ITS PROGRAMS, SERVICES, OR CONTENT. IN NO EVENT SHALL KEOLIS NORTH AMERICA’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE KEOLIS NORTH AMERICA SITE OR ANY PROGRAMS OR SERVICES YOU RECEIVE FROM THE SITE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO KEOLIS NORTH AMERICA FOR SUCH SITE PROGRAMS OR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
  5. PRIVACY POLICY
    Keolis North America is committed to maintaining your confidence and trust, and accordingly maintains the following Privacy Policy to protect the personal information you provide online. To make this notice easy to find, we make it available on our homepage and at every point that personally identifiable information may be requested.
  6. Indemnity
  • Collection and Use of Information – Keolis North America will not collect any personal information about you (such as your name, address, or telephone number) unless you provide it voluntarily. Keolis North America will not use or share information gathered here except to contact you with information about this organization, transit services, or transportation. Keolis North America may provide information to outside entities who we engage to perform email/alert delivery services on our behalf. We do not rent or sell information to other entities. If you do not want this information to be collected by us, please do not submit it. In the course of using our site, however, we may automatically track certain information about you. This information includes the URL that you just came from (whether this URL is on our site or not), which URL you go to next (whether this URL is on our site or not), what browser you are using, and your IP address. Many sites automatically collect this information. In addition, we may use cookies on certain pages of our site. Cookies are small amounts of data that are sent to your browser from our web server and are stored on your computer’s hard drive, not on our site. Cookies allow us to track where you go on our site, or to make it easier for you to return on subsequent visits to those area that are of most interest you. Cookies can also help us provide information that is targeted to your interests. You are always free to decline our cookies if your browser permits, however, removing cookies may reduce the speed at which you move through our site.
  • Security – Keolis North America has implemented a number of security features throughout the Keolis North America site to prevent the unauthorized release of or access to personal information. For example, database information is kept separate from live servers and is firewall protected. Please be advised, however, that although Keolis North America has endeavored to create a secure and reliable site for you, the confidentiality of any communication or material transmitted to or from Keolis North America via the Keolis North America site or e-mail cannot be guaranteed. When disclosing any personal information, you should remain mindful of the fact that it is potentially accessible to the public, and consequently, can be collected and used by others without your consent. Keolis North America is not responsible or liable for the security of information transmitted via the Internet.
  • External Web Sites – To the extent hyperlinks or banner advertisements incorporating hyperlinks are utilized to access third party sites, you should be aware that these third party web sites are not controlled by Keolis North America and, therefore, are not subject to this Privacy Policy. You should review the privacy policies of these sites to determine risks associated with your personal information being made available to the operators of these third party web sites.
  • Consent – By using our Web site, you consent to the collection and use of this information by Keolis North America. Keolis North America may modify this Privacy Policy from time to time. If our Privacy Policy is changed, we will post those changes on this page. Your continued use of this site following the posting of changes to these terms will mean you accept these changes.

You agree to defend, indemnify, and hold Keolis North America and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

  1. Contact for Alleged Copyright Infringement
    Keolis North America respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Susan Herlick, Esq.
General Counsel
Keolis North America, LLC
51 Monroe Street, Suite 601
Rockville, MD 20850
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.

  1. Additional Terms for Certain Programs or Services
    We may offer certain programs or services on our Website that are subject to additional or different terms and conditions. We will notify you if the program or service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such programs or services if you do not agree with the differing terms and conditions.
  2. Modifications to these Terms
    If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
  3. Assignment
    These Terms shall not be assignable by you, either in whole or in part. Keolis North America reserves the right to assign its rights and obligations under these Terms.
  4. Definitions
  5. General
    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 state and federal 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. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Keolis North America’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. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Keolis North America and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
  6. Survival
    The following provisions shall survive the termination of these Terms and shall apply indefinitely:
  7. Contact Us
    Please refer to Section 12 above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
  • 16.1—Website Services means the informational, educational, travel-related, or other services that we offer through our Website
  • Section 3 (Keolis North America Ownership; Reservation of Rights)
  • Section 6 (Submitted Content)
  • Section 7 (Warranty Disclaimer)
  • Section 9 (Limitation of Liability)
  • Section 11 (Indemnity)
  • Section 15 (Assignment)
  • Section 17 (General)
  • Section 18 (Survival)

Effective Date
The effective date of these Terms is December 1st, 2014.

Disclaimer

The information contained and accessed on this site (the “Site”) is provided by KEOLIS NORTH AMERICA for general guidance and is intended to offer the user general information of interest. The information provided is not intended to replace or serve as substitute for any professional advice, consultation or service. You should consult with a KEOLIS NORTH AMERICA professional for advice concerning specific matters.

Based on specific facts or circumstances, the application of laws and regulations may vary. Based on the fundamental universal condition of the electronic communication process, KEOLIS NORTH AMERICA does not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the information is provided “as is” without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall KEOLIS NORTH AMERICA, its related partners, managing directors, principals, agents or employees be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages whatsoever (including but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Site, any content on or accessed by use of the Site, or any copying, display or other use hereof.

As content on the Site is copyrighted, any unauthorized use of any materials on the Site may violate copyright, trademark and other laws. Should a user download the materials on the Site for personal or non-commercial use, the user must retain all copyright, trademark or other similar notices contained in the original materials or on any copies of the material. Materials on the Site may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without the explicit written permission from the appropriate content or material provider (including third-party links). KEOLIS NORTH AMERICA bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by KEOLIS NORTH AMERICA.

Third-party links are provided as a convenience to our users. KEOLIS NORTH AMERICA does not control and is not responsible for any of these sites or their content. KEOLIS NORTH AMERICA is obligated to protect its reputation and trademarks and KEOLIS NORTH AMERICA reserves the right to request removal of any link to our Web site.

KEOLIS NORTH AMERICA and the KEOLIS NORTH AMERICA logo are trademarks. Use of these marks requires express permission from, and a license agreement with, KEOLIS NORTH AMERICA. Unauthorized use of these and any other of KEOLIS NORTH AMERICA’ portfolio of trademarks will be prosecuted to the fullest extent of the law. To request this written approval, use the Contact Us feature.

Privacy

KEOLIS NORTH AMERICA believes that the responsible use of personal information collected on its Web site is critical to its business objectives and reputation. As part of our commitment to privacy, we have adopted this Online Privacy Statement. The extent and type of information we receive from you on our Web site depends on the information you provide to us through our contact mailboxes and/or through the registration processes on our site.

We only use your personally identifiable information to respond to your requests and to provide you with information about KEOLIS NORTH AMERICA’ services, unless we obtain your permission to use your personal information for other purposes. For example, if you send us an e-mail message requesting information about KEOLIS NORTH AMERICA, we will use your e-mail address and other information you supply to respond to your request. If we intend to use your personal information to inform you about other KEOLIS NORTH AMERICA services, we will notify you and give you an opportunity to decline to receive such communications.

Our Web site may invite you to register and provide information about yourself. We use the information you provide to personalize your online experience and to deliver the content most suited to your needs. Our Web site also provides an opportunity for you to update your registration information should you no longer wish to receive information from us.

The personal information you provide to us will be retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or as required by law or other legal processes, and we never sell your personal information. By submitting data through KEOLIS NORTH AMERICA electronically, you are providing explicit consent to trans-border transmission of data collected via this website.

In addition, KEOLIS NORTH AMERICA has technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information.

KEOLIS NORTH AMERICA recognizes its responsibility for protecting the online privacy of your personal information. If you have questions or comments about our administration of your personal information, please contact us at info@keolisna.com. You may also use this address to communicate any concerns you may have regarding compliance with our Online Privacy Policy.

Personal Information Collection Policy Statement relating to the Personal Data (Privacy) Ordinance

General

Keolis North America understands that our relationship with you is built on trust and confidence. We value every piece of personal data you provide to us and are committed to protecting your privacy. This Statement is intended to notify you the purposes of data collection, classes of persons that KEOLIS NORTH AMERICA can transfer personal data and data access and correction right of customers.

Collection of Personal Data

  1. From time to time, it is necessary for clients and various other individuals (including without limitation shareholders, directors, officers and employees of corporate customers) (collectively “Data Subjects“) to supply KEOLIS NORTH AMERICA with data in connection with various matters such as the provision of corporate accounting, company secretarial, payroll solutions, trust and wealth advisory, fund administration services as well as services related to the above services, offered by KEOLIS NORTH AMERICA (collectively “Services”).
  2. Failure to supply such data may result in KEOLIS NORTH AMERICA being unable to provide or continue to provide the Services to Data Subjects and/or the corporation they act for.
  3. It is also the case that data are collected by KEOLIS NORTH AMERICA from Data Subjects in the ordinary course of KEOLIS NORTH AMERICA’ business.
  4. The purposes for which data relating to a Data Subject may be used comprise all or any of the following:

1) processing applications from Data Subjects for Services, providing Services to Data Subjects, designing new Services for Data Subjects’ use; marketing services and other subjects (please see further details in paragraph F below) and enforcement of Data Subjects’ obligations;

2) meeting or complying with any applicable legal obligations, regulatory guidelines or requirements or arrangements for disclosing and using data that apply to KEOLIS NORTH AMERICA or any other member of the KEOLIS NORTH AMERICA Group (meaning KEOLIS NORTH AMERICA and its subsidiaries and affiliates);

3) enabling an actual or proposed assignee of all or part of the business and/or asset of KEOLIS NORTH AMERICA, or participant or sub-participant of the KEOLIS NORTH AMERICA’s rights in respect of the Data Subject, to evaluate the transaction intended to be the subject of the assignment, participation or sub-participation; and/or

4) purposes relating thereto.

  1. Data that KEOLIS NORTH AMERICA holds relating to a Data Subject is kept confidential but KEOLIS NORTH AMERICA may provide, transfer or disclose such data to any one or more of the following parties for the purposes set out in paragraph D above:

1) any agent, contractor or third party service provider who provides administrative, telecommunications, computer, payment or other services to KEOLIS NORTH AMERICA in connection with the provision of Services;

2) any other person under a duty of confidentiality to KEOLIS NORTH AMERICA including any other member of the KEOLIS NORTH AMERICA Group which has undertaken to keep such information confidential and professional advisers including legal and accounting;

3) in the event of default of payment to KEOLIS NORTH AMERICA, debt collection agencies;

4) any person or entity to whom KEOLIS NORTH AMERICA or any other member of the KEOLIS NORTH AMERICA Group is under an obligation or otherwise required to make disclosure under the requirements of any law or regulation binding on or applying to KEOLIS NORTH AMERICA or any other member of the KEOLIS NORTH AMERICA Group, or any disclosure (i) under and for the purposes of any guidelines, rules or other similar documents issued or given by any regulatory authorities; or (ii) pursuant to any contractual or other commitment with regulatory authorities, with which KEOLIS NORTH AMERICA or any other member of the KEOLIS NORTH AMERICA Group is expected to comply, all of which may be within or outside Hong Kong and may be existing currently and in the future; and/or

5) any actual or proposed assignee of all or any part of the business and/or asset of KEOLIS NORTH AMERICA or participant or sub-participant or transferee of the KEOLIS NORTH AMERICA’s rights in respect of the data subjects.

  1. KEOLIS NORTH AMERICA intends to use Data Subject’s data in direct marketing of KEOLIS NORTH AMERICA’ Services for the use of corporation, which pursuant to the Guidance Note issued by the Office of the Privacy Commissioner for Personal Data, the Privacy Commissioner for Personal Data would generally take the view that it would not be appropriate to classify such direct marketing as governed by Part VIA of the Ordinance. Nevertheless, if a Data Subject does not wish KEOLIS NORTH AMERICA to use his/her data for use in direct marketing as described above, the Data Subject may, without charge, exercise his/her opt-out right by notifying KEOLIS NORTH AMERICA. KEOLIS NORTH AMERICA will not sell Data Subjects’ data to a third party for use in direct marketing.

Use of Cookies

  1. Your visit to this site may be recorded for analysis on the number of visitors to the website and general usage patterns. Some of this information together with your personalized settings information will be gathered through the use of “cookies”. Cookies are small bits of information that are automatically stored on a person’s web browser in his/her computer that can be retrieved by this site. Cookies can make the site more useful by storing information about your preferences on particular webpages and about your personalized settings, thus enabling website owners to provide more useful features for their users. The information collected by “cookies” is anonymous visitor’s personalized settings information such as language preference and aggregated research data including number of the visitors, behavior and usage patterns, and contain no name or address information or any information that will enable anyone to contact you via telephone, e-mail or any other means. No customer personal data is stored in cookies. Most browsers are initially set to accept cookies. If you would prefer, you can change the setting on your browser itself by setting your browser to disable cookies or inform you when they are set. However, by disabling them, you may not be able to take full advantage of our website.

Access and Correction of Personal Data

H. You have the right to request access to and (if appropriate) correction of personal data held by us about you. If you wish to exercise this right, please present your enquiry or request to:

Keolis North America
51 Monroe Street, Suite 601
Rockville, MD 20850

  1. We have the right to, and may, charge a reasonable fee for processing any of your data access request.
  2. Nothing in this Statement shall limit your rights under the Ordinance.