Supplemental Terms and Agreement for Rewards
Rewards is a rewards platform designed to incentivize people to use transit and other forms of shared mobility. By participating in Rewards, you agree to be bound by these Supplemental Terms and Agreement for Rewards, which constitute a legal agreement between you and Masabi and Transit App (“Supplemental Agreement”). The terms and conditions set forth in this Supplemental Agreement only apply to your use of Rewards and are in addition to the foregoing User Agreement. All terms not defined in this Supplemental Agreement shall have the meanings ascribed to them in the User Agreement.
1. Accepting the Terms
PLEASE CAREFULLY READ THIS SUPPLEMENTAL AGREEMENT. BY ACCESSING OR USING REWARDS, YOU AGREE TO BE BOUND BY THIS SUPPLEMENTAL AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY CONTINUE TO USE TRANSIT’S OTHER SERVICES.
2. Account Information from Third Party Sites
Masabi and Transit App contract with Velocia, Inc. (“Velocia”) to provide you with Rewards. Information you provide through Transit App (which serves as the front-end application for the Transit Authority of Northern Kentucky “TANK”) and Masabi’s EzFare ticketing platform will be shared with Velocia (which is embedded within Transit App), Transit App, and other third parties in order to provide you with Transit-Rewards. Users may direct Velocia to retrieve their transit-related or micro-mobility-related information maintained online by Velocia, Transit App, Masabi’s EzRide platform, and/or third parties with which Users have a relationship, maintain an account, or engage in financial and non-financial transactions (“Account Information”). Velocia works with one or more online service providers to access this Account Information.
When dealing with third-parties, Masabi, Transit App, and Velocia cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. Masabi, Transit App, Masabi’s clients, Transit App’s clients, including TANK, and Velocia cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings stored on third-party sites.
3. Earning Rewards
By participating in Rewards, you will have the opportunity to earn points based on qualifying actions you take as described in a particular campaign (“Campaign”). Campaigns and rewards may be subject to additional terms, conditions, and restrictions that are set by Masabi clients, Transit App, including TANK, Velocia, or third-party. Such terms, conditions, and restrictions may be updated, modified, suspended, or cancelled at any time without prior notice. If there is a conflict between this Supplemental Agreement and the terms, conditions, or restrictions of any Campaign, unless explicitly provided otherwise in this Supplemental Agreement, the Campaign terms, conditions, and restrictions will control. Campaigns are not transferable. Campaigns may be customized for users based on past campaign participation or other conditions, and some campaigns may not be made available to all users.
Points are earned as described in each Campaign. Points will only be issued for bona-fide completed behaviors as described in a Campaign (“Qualifying Behavior”). No points will be earned for any actions performed prior to creating a Rewards account. To earn points, your Rewards account must be linked to your Transit App account and/or Masabi’s EzRide account. Points are not transferable to any other account or person. Accounts cannot be combined, and joint accounts are prohibited. Rewards, user accounts, and benefits are non-transferrable. You may not set up multiple accounts, impersonate others, or use another person’s account, or use the Services inconsistent with their normal and intended use to circumvent these restrictions. If Velocia, Masabi, Transit App, TANK, or a partner determine that you attempted to earn points using such methods, or by any other fraudulent or deceptive means, we reserve the right to cancel any and all of your points, terminate your Rewards account, and/or take any other lawful action.
We do not warrant the accuracy or timeliness of the information displayed via the Apps. Descriptions of Campaigns may include inaccuracies or typographical or other errors. You agree that neither TANK, Transit App, or Velocia, nor the third-party partner(s) are responsible for such errors and that we reserve the right to correct them when they are discovered. TANK, Velocia, Masabi, Transit App, and our third-party partners reserve the right to cancel all activities affected by such errors, refund all amounts paid, and cancel all points associated with such activities, without any liability to you.
To begin earning points, you must download the Transit App and follow the Rewards enrollment instructions within the Velocia provided EzFare Rewards Section for TANK services, including signing up using a valid email address. Corporations and other entities are not eligible. You must be at least 13 years of age and reside in the United States to use Rewards. If you are under 18 years of age (or the age of legal majority where you live), you may use Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. Notwithstanding the foregoing, all third-party age restrictions apply.
4. Qualifying Transactions
Velocia protects the program for all users by ensuring that points are only earned for Qualifying Behaviors. Velocia may review the accrual of points to determine, in Velocia’s absolute discretion, if activities are Qualifying Behaviors. Velocia may reverse point accruals that have already been processed if a behavior is deemed by Velocia to not constitute a Qualifying Behavior. Velocia may also disable accounts that engage in non-Qualifying Behavior activity. Otherwise Qualifying Behaviors may not be eligible for points if we are unable to obtain certain activity information from your Transit App account, Masabi’s EzRide account, or other third-party accounts associated with your Account Information.
It is your responsibility to check your account regularly to ensure that points have been properly credited and that your account balance is accurate. Should you disagree with any adjustments made to your account, your sole remedy is to cease use of the Transit Rewards program.
5. Redemption of Transit Rewards Points
Transit Rewards points are valid and redeemable via the Transit App for TANK services. Transit Rewards points have no cash, monetary, or other value and cannot be converted into any currency. Transit Rewards points may be redeemed for various rewards that we make available, and that may change, from time to time.
You may use the Velocia provided EzFare Rewards Section within the Transit App to redeem points for the rewards. You may redeem points in accordance with such terms and conditions and upon payment of such fees as set forth in a Campaign. Transit Rewards points are not transferable and may not be combined with other promotions or other discounts. The number of points recorded in your account and the number of points required to obtain any particular reward are subject to verification. Once you have requested or redeemed an award, no changes, refunds, or return of points are permitted for any reason. Masabi, Transit App, Masabi’s clients, Transit App’s clients, and Velocia are not responsible for lost or stolen points or rewards. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. Masabi, Transit App, Masabi’s clients, Transit App’s clients, and Velocia assume no responsibility for any loss, damage, defect, injury, death, or expense relating to any reward or rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason.
You can check your points balance by logging into your account on the Transit App and accessing the Velocia provided EzFare Rewards Section. A valid account is required to check your points balance. Velocia will attempt to credit accounts with points on a timely basis, however, points may take several days to be updated to your account following accrual. Campaigns may indicate that points will immediately accrue upon a Qualifying Behavior or, on the other hand, after additional requirements are satisfied. Any claim for points not credited accurately must be made to TANK within 30 days of the date on which the User claims the points should have been accrued. TANK, Masabi, Transit App, and Velocia will have no liability for any failure, delay, or error in crediting points to your account.
6. Expiration, Inactivity & Cancellation
Rewards are free to use, however, we do deduct and recirculate points from inactive accounts. An account is considered “inactive” if you do not open the Transit App and access the Velocia provided EzFare Rewards Section for TANK services (while logged-in to the Rewards account) for 6 (six) consecutive months. If an account is deemed inactive, Velocia will deduct 300 points (“Inactive Account Deductions”) from your account each month until (i) the account is deemed active; or (ii) your Transit Rewards points balance is zero. Inactive Account Deductions are non-refundable.
Inactive accounts will also no longer earn points.
If your account is terminated or disabled for any reason, including for attempting non-Qualifying Transactions or other fraudulent activity, then your existing Transit Rewards points will be forfeited and any further transactions which might otherwise earn you Transit Rewards points will not be deemed to be Qualifying Transactions.
You may cancel your account and participation in the rewards program by contacting Rewards Program with such request. All unredeemed points will be forfeited immediately upon cancellation and may not be reinstated or transferred.
Velocia may cancel your accumulated points, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and in Velocia’s sole discretion, including in instances where Velocia believes that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iii) breached or violated any of this Supplemental Agreement, or (iv) engaged in any misconduct or wrongdoing in connection with the Transit App or Masabi’s EzRide platform. Nothing contained in this Supplemental Agreement limits Masabi, Transit App, Masabi’s clients, Transit App’s clients, including TANK, or Velocia in the exercise of any legal or equitable rights or remedies.
Transit Rewards points and other related benefits and services are the sole property of Velocia and are not the property of the users. Points have no cash value and neither Masabi, Transit App, TANK, nor Velocia will compensate or pay cash, cash equivalent, or credit for any forfeited or unused points.
Whether you may re-enroll in the Rewards program after a termination is at Velocia’s sole discretion. In any event, previously earned points that were forfeited will not be credited to you.
7. Modification and Termination of the Rewards Program and Benefits
TANK, Transit App, or Velocia may change or terminate the rewards program, associated points, other rewards, and benefits at any time, for any reason. Masabi, Transit App, TANK, or Velocia may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming points, point redemption levels, rules for the use of points, availability of points, reward types, availability of Velocia offers, and participation in the rewards program and program benefits.
At Velocia’s sole discretion, Velocia may choose to substitute a similar rewards program at any time immediately upon notice to users. A user may not accumulate or redeem points or any other benefits after the termination of the program. If the program is terminated, upon termination, all unredeemed points will be forfeited without any obligation or liability, and points claims will no longer be honored.
All rewards program benefits, offers, rewards, and services are subject to availability. By accepting rewards program benefits, offers, rewards, and services, including points, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the benefits, offers, rewards, or services (including points) under applicable laws, gift policies, and incentive policies.