Arc Terms and Conditions of Use

Version 1.1 - July 5, 2023

YOUR USE OF ARC IS DEEMED ACCEPTANCE OF THESE ARC TERMS AND CONDITIONS OF USE, THE TRANSIT FARES OF EACH TRANSIT AGENCY PARTICIPATING IN ARC AND THE PRIVACY POLICIES OF EACH TRANSIT AGENCY PARTICIPATING IN ARC. THE PRIVACY POLICIES OF EACH TRANSIT AGENCY PARTICIPATING IN ARC COMPLY WITH ALBERTA’S FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY.

ANY INCONSISTENCIES BETWEEN THESE ARC TERMS AND CONDITIONS OF USE AND THE TRANSIT FARE POLICY SHALL BE RESOLVED IN FAVOUR OF THE TRANSIT FARE POLICY.

A. DEFINITIONS

In these Arc Card Terms and Conditions , the following words shall have the meanings set forth below:

“Account” means an online account created by any person on the myArc.ca Website, or by visiting an in person service counter, or calling Arc Customer Service;

“Arc” means the regional account-based fare collection system that allows riders to tap on and off to pay for transit services used within the jurisdictions of the Participating Municipalities;

“AutoLoad” means the Positive Value, in the form of Stored Value, that a Registered User authorizes The City of Edmonton to automatically load on to his/her Registered Arc Card;

“Arc Card Reader” or “Validator” means the hardware on buses and LRT platforms where riders tap on/off, validate rights to travel and display the validation status.

“Arc Cardholder” means any natural person who has obtained or been issued an Arc Card or a One AT NAIT Student ID card that has the Arc application installed and a valid U-Pass period pass loaded on the Account;

“Arc Card” means a long-term use, reusable electronic Arc Card for transit use in the Transportation Service Region, in accordance with these Arc Terms and Conditions of Use and the Transit Fare Policy;

“Arc Customer Service” means customer service that can be reached at the Arc Website, by calling 1 (888) 302 - 0001 or by mail at PO Box 47056, Edmonton Centre, Edmonton AB, T5J 4N1;

“Arc In-Person Service Counter” means the customer service counter that can be reached by visiting a CRP in person service counter of any of the Service Providers;

“Arc Retailer” means the retailers where Arc Cards can be purchased and where Stored Value can be added to an Arc account

“Arc Vending Machine” or “Arc Fare Vending Machine” means a vending machine at which a person may obtain an Card or Arc Ticket or load an ArcCard, located at LRT stations, the Edmonton International Airport and certain agency locations.;

“Arc Website” means the website located at www.myArc.ca;

“Arc Card Fee” means the $6.00 fee payable at the time an Arc Card is obtained, issued or replaced (unless the Arc Card Fee is waived as part of initial promotions to encourage adoption of Arc );

“CRP” means the Capital Region Partners and in the context of these Terms and Conditions refers to the Service Providers of the Participating Municipalities;

“Fare Paid Zone” means any fare paid zone as identified at LRT stations, agency buses and agency bylaws where fare enforcement activities can take place;

“Insufficient Fare” means the amount of transit fare, exceeding Positive Value, owed to CRP for a transit trip;

“Maximum Fare” has the meaning assigned to this term in the Transit Fare Policy;

“Minimum Balance” means a Stored Value amount greater than $0.99 on an Arc Card Account.This Minimum Balance will be adjusted from time to time to reflect the lowest cost of a transit trip in the region;

“One AT NAIT Card” means the student ID issued by NAIT for transit use in connection with the UPass Program;

“Peace Officer” means a peace officer as set forth in the Provincial Offences Procedure Act, RSA 2000, C P-34;

“Period Pass” means the electronic equivalent of a transit pass generally issued to a specific individual who meets the eligibility requirements of a specific program. A U-Pass for a particular institution semester is an example of a Period Pass;

Other Period Pass products that can be purchased include the following fare products that are only available as Arc Tickets and the sold through Arc Vending Machines and Arc In-Person Service Counters:

• 1.5 hour pass - valid for 1.5 hours from first tap-on to last tap-on;
• 24 Hour pass - valid for 24 hours from first tap-on to last tap-on;

“Participating Municipality” means the following municipalities:

• The City of Edmonton;
• The City of St. Albert;
• The City of Fort Saskatchewan;
• The City of Leduc;
• The City of Spruce Grove;
• The City of Beaumont; and
• Strathcona County;

“Purse” means the analogous reference to where Stored Value is kept in an Arc Card Account;

“Registered Card” means an Arc Card that has been successfully linked to a specific Cardholder’s Account through the completion of the registration process as outlined under the “Card Registration for Arc Cards” section or the “Card Registration for Program Passes” section of these Arc Card Terms and Conditions of Use;

“Registered User” means an Arc Cardholder who has created an Account and to whom a specific Registered Arc Card(s) is linked;

“Service Providers” means the transit agencies of the Participating Municipalities.

“Services” mean transit services provided by any of the Service Providers.

“Stored Value” means the electronic equivalent of cash stored in the Purse on an Arc Account Purse;

“Tap In” or “Tap On” means the presentation and recognition of an Arc Card at an Arc Card Reader as a valid form of fare payment to enter into a Fare Paid Zone;

“Tap Out” or “Tap Off” means the presentation and recognition of an ArcCard at an Arc Card Reader to exit a Fare Paid Zone;

“Transit Employee” means an employee or duly authorized agent of any one or more of the Service Providers;

“Transit Fare Policy” means collectively the fare policies of the Service Providers that defines the fares charged for the public transit services owned and operated by each Service Provider as updated from time to time.. As Arc is a regional fare collection system, participating Service Providers have aligned their fare rules, business process, and concession programs to make taking transit easier and a more consistent rider experience;

“Transportation Service Region” means the total of the regions where each of the Service Providers provides public transportation services;

“U-Pass” means the Period Pass products that can be loaded onto Arc Cards and One AT NAIT Cards and used for unlimited transit Services during specific semesters periods.

“U-Pass Program” means the universal transit pass program operated by the Participating Municipalities and participating post-secondary institutions for the provision of transit fare products to certain eligible students of the said institutions.

B. ARC CARDS AND Arc TICKETS

The following provisions apply only to Arc Cards. For the provisions applying to One AT NAIT Cards please refer to section C “One AT NAIT Cards with U-Pass Program Passes” of these Arc Card Terms and Conditions of Use.

HOW TO OBTAIN Arc CARDS AND Arc TICKETS

Arc Cards can be purchased at numerous retail locations throughout Edmonton and the surrounding areas. There is a one-time non refundable fee of $6.00 (Arc Card Fee) to purchase an Arc Card. The initial minimum Arc account load is $4.00 but you may load any amount up to a maximum balance of $500.00. The Arc Card provides the card holder with full functionality and access to Arc. This includes the ability to register the card/account, reload the Arc Card Account, and configure the Arc Card Account to provide automatic reloads of the Purse. Arc Cards have an expected usable life of up to 10 years.

Arc Cards can also be purchased at the same price through the Arc Vending Machines located at LRT stations and some transit centres. The minimum load also applies at the time of purchase from an Arc Vending Machine.

Arc Cards can also be ordered online or through the Arc call centre and mailed to you. The same nonrefundable fee applies which must be paid by credit, Debit Matercard or Visa Debit card. For security reasons, any Arc Card mailed to you will not have any value loaded on the account. When you receive the card, you will have to add value to the account before it can be used to ride public transit. See Section 7, How to Add Value to the account.

Arc branded tickets look very similar to the Arc branded cards but are designed for one time use. They cannot be reloaded with value. Arc tickets are sold through the Arc fare vending machines located at LRT stations and some transit centres. Arc tickets can be purchased for a single trip or for unlimited trips for a 24 hour period. Arc tickets are activated on first tap; so Arc tickets can be purchased in advance and used when the need to travel arises. Arc tickets expire 365 days after the purchase date.

Through special arrangements and agreements other cards may be supported in the Arc system. For example, the One AT NAIT Card used as a NAIT student ID card has been configured for use on the Arc system. This means that NAIT students who qualify for the U-Pass can use their One AT NAIT Card to tap-on and tap-off the transit system. NAIT students are advised to contact their institution for further information on how to get and use their One AT NAIT card for public transit.

The Cardholder agrees to pay the Arc Card Fee for each Generic Compass Card obtained or issued to the Cardholder.

TRANSFERABILITY OF Arc CARDS

Arc Cards are transferable in accordance with the Arc Terms and Conditions of Use.

Arc Services and Participating Transit Agencies

Arc is a regional fare collection system designed to enable seamless and convenient transit travel throughout the Edmonton metropolitan area.

The participating regions and transit services include:

• City of Edmonton (bus, LRT, DATS, Airport Service)
• City of St. Albert (local bus and commuter bus service, Handibus)
• City of Fort Saskatchewan (local bus and commuter bus service)
• City of Leduc (local bus and commuter bus service)
• City of Spruce Grove (local bus and commuter bus service)
• City of Beaumont (local bus and commuter bus service)
• Strathcona County (local bus and commuter bus service)

The public transit services operated by the participating agencies have aligned their fare rules (eg. transfer times), business processes (eg. sales channels), and fare concession programs so that customers can use the same fare media anywhere in the region.

Arc Services and Equipment include:

• A central account-based back office system
• A single customer-friendly website for all regional Arc users
• A dedicated customer call center for fare-related questions
• A retail network with stores in every region
• Validators (ie card readers) on the buses and on all LRT platforms
• Ticket/card vending machines at all LRT stations, and some transit centres
• A 24 hour service bureau to operate and maintain the system

FARE PRODUCTS (Purse and Period Passes)

The Arc system is an account-based fare collection system that requires each rider to tap on and off as they make their trip. The data generated by these taps is used to calculate the fare for the trip. The cost of the trip is deducted from the Arc Card’s Stored Value in the Purse which is stored in the back office and not on the card. The cost of each trip continues to be deducted from the Purse up to a capped amount. Once you have reached this amount you will no longer be charged for any trips during the capping period. You are still required to tap on and off for any trips after you have reached the cap even though you will not be charged. Please see Section 5.0 on Capping for further information. If there is a period pass (eg. U-Pass) associated with the card account, the Arc system will check to see that it is valid for the trip taken and if it is valid then no fare will be deducted from the Purse. If the pass is not valid, then the cost of the trip will default to the Purse for payment.

It is the responsibility of the user to ensure that there is sufficient funds in their Purse to pay for the trip or that they have a valid pass associated with their account.

The primary fare product for the Arc system is the Purse. However, there are some period pass products that can be purchased. These include the following fare products that are only available on Arc tickets and the sold through Arc Vending Machines:

• 1.5 hour pass - valid for 1.5 hours from first tap-on to last tap-on
• 24 Hour pass - valid for 24 hours from first tap-on to last tap-on

Both of these fare products can be purchased for use on a single transit agency only or as a regional product that allows the user to ride services provided by multiple transit agencies.

Other period pass products such as the U-Pass, the ETS@Work monthly pass, or the monthly school pass are only available through institutions. You must be a qualifying student or employee of these institutions in order to purchase these fare products through the institution itself.

FARE PAYMENT USING Arc CARDS

Any fare owed to CRP will be automatically applied against fare products on Arc Card Account in the following sequence: (1) any active Period Pass (where travel has been initiated), (2) Stored Value held in the Account.

An Arc Cardholder must Tap In before entering a Fare Paid Zone and Tap Out when exiting a Fare Paid Zone.

If an Arc Cardholder fails to Tap In or Tap Out, his/her Arc Card Account will be charged an appropriate compensation fare. If an applicable cap accumulator has been reached when an Arc Cardholder fails to Tap Out, the appropriate compensation fare charged will be zero. If an applicable cap accumulator has not been reached when an Arc Cardholder fails to Tap Out, the appropriate compensation fare charged may be the local fare when traveling on a local service or the commuter fare when traveling on a commuter service and in either case, the appropriate compensation fare charged will not contribute to any cap accumulators. If the fare for the travel that has been initiated is applied towards a period pass when an Arc Cardholder fails to Tap Out, the appropriate compensation fare will be zero.

A Cardholder must have either a Minimum Balance in his/her Purse, a valid Period Pass or have reached an applicable cap to Tap In and enter a Fare Paid Zone.

If an Arc Cardholder has a Stored Value balance of $1.00 at the start of a journey, the amount charged for the journey may result in a negative Stored Value balance of up to -$4.60 depending on the fare charged for the trip.

When traveling using Stored Value in your Purse, you are responsible to ensure that you have sufficient Stored Value in your account to pay for your journey. You can load value to your account in any of the following ways:

• at any retail location that sells the Arc cards
• at any Arc fare vending machine
• online through the Arc website
• at designated in-person transit agency service centres
• by calling the Arc call centre

You must load a minimum of $4.00 when adding value to your account. You can load up to $500 to your account depending on your account balance. The maximum account balance permitted is $500.

All Stored Value on an Arc Card is held and denominated in Canadian dollars. No interest or any other earnings will accrue or be paid on the Stored Value on an Arc Card.

To ensure that you always have sufficient funds in your account, you can choose to register your account and sign up for auto-loading by associating a funding source to your account such as your credit card or Visa Debit card or Debit Mastercard). When you set up autoloading for your account, you can choose the conditions under which your account will be topped up. For example, you can choose to add a fixed dollar amount only when your account balance reaches a certain level.

Stored Value added to an Arc Cards including AutoLoad may take up to two hours to be processed.

The Arc Cardholder will remain responsible for any transit fares and/or other charges incurred in the event the transaction fails for any reason.

PERIOD PASSES

For Period Pass transactions, the validity of the Period Pass for the specific calendar period will be assessed at Tap In. Period pass products such as the U-Pass, the ETS@Work monthly pass, or the monthly school passes for Edmonton Public Schools, Edmonton Catholic Schools or Elk Island Public Schools are only available through the respective institutions. You must be a qualifying student or employee of these institutions in order to purchase these fare products through the institution itself

STORED VALUE

For Stored Value transactions (when there is no valid Period Pass added on the Account), the fare for each transit journey is deducted from the Stored Value on the Arc Account at Tap Out.

INSUFFICIENT STORED VALUE WHEN USING AN Arc CARD

If an Arc Card Account does not have a valid Period Pass and the Stored Value is less than the Minimum Balance of $2.00, the Arc Card will not be accepted at Tap On.

TRANSFERS

A Cardholder will be permitted to transfer between transit vehicles of the Service Providers in accordance with the provisions set out in the Transit Fare Policy.

Arc CARD REGISTRATION

REGISTRATION

Arc Card registration is optional. An Arc Cardholder may obtain and use an Arc Card without providing any personal information and is not required to register.

An Arc Cardholder will only be eligible for loss protection, including refunds of Stored Value and Period Passes when applicable, if the Arc Cardholder registers his/her Arc Card and reports his/her Arc Card as lost, stolen or damaged. The Arc Cardholder bears all risk of loss, theft or damage until 2 hours have passed after the Registered Card is reported lost, stolen or damaged. Please see the “Blocking and Replacing Arc Cards” section of these Arc Card Terms and Conditions of Use.

To register an Arc Card, the Arc Cardholder must create an Account. An Account may be created by visiting the Arc Website, by visiting an in-person transit agency service centre or by calling the Arc customer service call centre and providing the information required under this section.

An Arc Cardholder must provide the following personal information at the time of registration: (1) legal first and last name; (2) mailing address; (3) phone number; and (4) Arc Card account number printed on the back of your Arc Card and the three digit security code as printed on the front of your Arc Card. If registering an Arcs Card by visiting the ArcWebsite, an Arc Cardholder must also provide an email address. Once registered, the Arc Card(s) will be linked to the Arc Cardholder’s Account.

A Registered User can access his/her Account by logging onto the Arc Website, by visiting an in-person transit agency service centre or by calling the Arc customer service call centre to:

• update his/her Account;
• access travel and transaction history on his/her Registered Card(s) (transactions from the last 2 hours may not be reflected)^[1];
• obtain the Stored Value balance on his/her Registered Card(s) (transactions from the last 2 hours may not be reflected)1;
• set up AutoLoad on his/her Registered Card(s); and
• report his/her Registered Arc Card lost, stolen or damaged and have the Registered Arc Card blocked or replaced in accordance with the “Lost, Stolen, Damaged or Defective Arc Cards” section and “Blocking and Replacing Arc Cards” section of these Arc Terms and Conditions of Use. A Cardholder who reports his/her Registered Arc Card lost, stolen or damaged may have his/her remaining Stored Value balance and Period Pass(es) blocked. The Stored Value balance and Period Pass(es) will be blocked within 2 hours of the Cardholder reporting his/her Registered Card lost, stolen or damaged. The remaining Stored Value balance and Period Pass(es) may be transferred to a new Arc Card or refunded to the Arc Cardholder in accordance with the “Refunds and Adjustments for Arc Cards” section of these Arc Card Terms and Conditions of Use.

An Arc Cardholder who registers his/her Arc Card in accordance with this section agrees to: (1) provide information that is true, accurate and complete; and (2) promptly update his/her information, including any changes to his/her legal name, address, telephone number, and payment information.

Any log-in personal identification and/or password the Cardholder is given and/or created in order to obtain access to the ArcWebsite are for the Arc Cardholder’s use only and must be kept confidential at all times. The Service Providers are not responsible for any access to or misuse of the Arc Cardholder’s information if the log-in personal identification and/or password are used by anyone other than the Arc Cardholder or any person authorized by the Arc Cardholder to access the Arc Cardholder’s information.

AUTOLOAD

A Registered User may authorize automatic loading of Stored Value on his/her Registered Card(s) and automatic payment by recurring credit card transactions or by recurring Visa Debit or Debit Mastercard debit transactions to his/her bank account by enabling the AutoLoad feature through his/her Account.

If an AutoLoad for Stored Value is authorized, the amount specified by the Registered User will be added automatically to the Registered Card when the Arc Card’s Stored Value falls below the predetermined amount of $10.00. The Registered User’s credit card will be charged or his/her bank account debited for the AutoLoad amount specified by the Registered User following the first Tap In with the Registered Card or the first use of the Registered Card after the Stored Value falls below the predetermined amount of $10.00.

In authorizing an AutoLoad, the Registered User agrees to: (1) ensure that all information provided to CRP is true, accurate and complete; (2) promptly notify CRP of any changes to the Registered User’s legal name, address, telephone number(s), payment information, and other information provided in setting up the AutoLoad authorization; and (3) provide his/her valid credit card number or Visa Debit or Debit Mastercard debit account information and authorize a recurring transaction against the credit card number or Visa Debit or Debit Mastercard debit account for obtaining Stored Value.

If an AutoLoad funding source is declined for a Registered Card, CRP may: (1) resubmit the failed transaction to the bank; (2) contact the Registered User and request that he/she revise his/her billing information; (3) terminate the AutoLoad set-up; (4) reverse the AutoLoad; and/or (5) block the Registered Card. The Registered User will remain responsible for any transit fares and/or other charges incurred in the event an AutoLoad transaction fails for any reason.

CRP reserves the right to decline a request to authorize AutoLoad on a Registered Card or to accept alternative payment information (credit card number or Visa Debit or Debit Mastercard debit account information) in order to prevent fraudulent use or abuse of Autoload features and benefits.

A Registered User may terminate AutoLoad on his/her Registered Card at any time by logging into his/her Account online and disabling the AutoLoad set-up, by visiting an Arc In Person Service Counter, or by calling ArcCustomer Service. A Registered User must provide notice of his/her intent to terminate AutoLoad prior to reaching the predetermined amount of $10.00 for Stored Value. Termination requests for AutoLoad may take up to two business days to be processed. The Cardholder will remain responsible for AutoLoad transactions that may occur during this two-day period.

An unregistered Arc Card is not eligible for AutoLoad.

CARDHOLDER FEES FOR Arc CARDS

CRP may charge the Cardholder non-refundable fees from time to time set by CRP in its sole discretion including but not limited to card replacement fees.

BALANCE INQUIRIES AND TRANSACTION HISTORY FOR Arc CARDS

Both a Registered User and a non-registered Cardholder may obtain his/her Stored Value balance and recent transaction history at an Arc Vending Machine.

Registered Users may obtain their Stored Value balance, cap accumulator balance(s) and recent and long term history by calling Arc Customer Service. A Registered User may also view his/her Stored Value balance and transaction history by logging into his/her Account.

A Cardholder of an unregistered Arc Card can view the Stored Value balance on his/her Arc Card Account by visiting the ArcWebsite, by visiting an Arc In Person Service Counter, by calling Arc Customer Service, or at an ArcVending Machine.

A Cardholder of an unregistered Arc Card can view the cap accumulator balance(s) on his/her Arc Card Account by visiting the Arc Website, by visiting an Arc In Person Customer Service Counter or by calling Arc Compass Customer Service.

LOST, STOLEN, DAMAGED OR DEFECTIVE Arc CARDS

The Cardholder must take all reasonable care to prevent his/her Arc Card from being defaced, altered, damaged, lost or stolen.

The Arc Cardholder bears the risk of loss if his/her Arc Card is lost, stolen or damaged. CRP is not responsible for the loss or theft of, or damage to, an Arc Card or the Stored Value or Period Passes added on Arc Cards. A lost, stolen or damaged Arc Card will remain valid and any fare products added on the Arc Card may continue to be used to pay for the Services until the Arc Card’s Positive Value has been used and/or Period Pass or Passes have expired.

An Arc Cardholder should report his/her Arc Card with a Period Pass lost, stolen or damaged to the applicable program administrator. An Arc Cardholder who has lost or damaged his/her Arc Card with a U-Pass Period Pass or had his/her Arc Card with a U-Pass Period Pass stolen should visit their post-secondary institution’s student website portal and delink his/her U-Pass Period Pass from his/her Arc Card.

In addition, a Registered User should report his/her Registered Card lost, stolen or damaged in which case it will be blocked from further use as provided under the “Blocking and Replacing Arc Cards” section of these Arc Card Terms and Conditions of Use. Refunds of the Stored Value and/or Period Passes on a lost, stolen or damaged Arc Card will be made in accordance with and subject to the “Refunds and Adjustments for Arc Cards” section of these Arc Card Terms and Conditions of Use.

An unregistered Arc Card with a Period Pass cannot be blocked by CRP from further use of the Period Pass and the Cardholder must contact the applicable program administrator of the Period Pass to de-activate the Period Pass.

If an Arc Card malfunctions due to no fault of the Arc Cardholder, the Arc Cardholder must return the Arc Card in person to an Arc In Person Service Counteror by mail to Arc Customer Service in order to obtain a refund or to transfer the remaining Stored Value balance and any Period Pass from the defective Arc Card to a new Arc Card at no additional charge.

BLOCKING AND REPLACING Arc CARDS

A Registered User whose Registered Arc Card has been lost, stolen or damaged must report the loss, theft or damage of the Arc Card to CRP immediately in order to have his/her Arc Card blocked and replaced in accordance with this section.

A Registered User who reports his/her Registered Arc Card lost or stolen by visiting an Arc In Person Service Counter will receive a replacement Arc Card at the Arc In PersonService Centre. A Registered User who reports his/her Registered Arc Card lost or stolen via the Arc Website or by calling Arc Customer Service will be mailed a replacement Arc Card within three business days following the report being made. The Registered User will be responsible for paying a new Arc Card Fee for the replacement card for lost or stolen cards, and any Cardholder Fees, as set out in the “Cardholder Fees for Arc Cards” section of these Arc Card Terms and Conditions of Use at the time of card replacement. CRP will bear no responsibility for replacement Arc Cards that are lost in the mail.

A Registered User can report his/her Registered Card as damaged by visiting an Arc In Person Service Counter or by calling ArcCustomer Service. However, a damaged Arc Card must be mailed to Arc Customer Service or returned to an Arc In PersonService Counter prior to a replacement card being issued.

Any Stored Value balance in the Purse and any remaining unexpired Period Passes that were stored on the lost, stolen or damaged Arc Card at the time that was 2 hours after the Arc Card was blocked will be added to the replacement Arc Card, where applicable. The Cardholder bears all risk of loss, theft or damage until 2 hours have passed after the Registered Card is reported lost, stolen or damaged.

An unregistered Arc Card cannot be blocked or replaced.

ERRORS, OMISSIONS OR UNAUTHORIZED TRANSACTIONS FOR Arc CARDS

Because Stored Value is equivalent to cash, the Arc Cardholder is solely responsible for all transactions associated with his/her Arc Card, including any unauthorized transactions. It is the Arc Cardholder’s responsibility to closely monitor the transactions and account balance on his/her Arc Card.

CRP reserves the right to correct the Stored Value balance on the Cardholder’s Arc Card if a mechanical, clerical or accounting error has occurred.

If the Arc Cardholder has questions regarding his/her Arc Card balance or transaction history or disputes any transaction or correction made against his/her Arc Card, the Arc Cardholder should visit an Arc In PersonService Counter or call Arc Customer Service. If the dispute is not resolved, CRP will, at the request of the Arc Cardholder, conduct an investigation and the results of the completed investigation will be communicated to the Arc Cardholder. Any refunds or reimbursements required will be processed in accordance with the “Refunds and Reimbursements for Arc Cards” section of these Arc Card Terms and Conditions of Use.

REFUNDS AND REIMBURSEMENTS FOR Arc CARDS

REFUND OF Arc CARD FEE

The Arc Card Fee is not refundable.

REFUND OF STORED VALUE

Stored Value is refundable only when an Arc Card is registered. Stored Value on a Registered ArcCard will only be refunded to the Registered User of that Aec Card. Requests for refunds of Stored Value must be made within two years of the last Tap In or Tap Out of the Arc Card and requires that the Arc Cardholder Account is closed.

REFUND OF PERIOD PASSES ON Arc CARDS

Period Passes are managed by and loaded onto an Arc Card by an institution and are refundable according to the terms and conditions of the institution that manages each institutional program. For example, The University of Alberta Universal Transit Pass (U-Pass) program passes are refundable in accordance with the University of Alberta Terms and Conditions. VENDING MACHINE MALFUNCTIONS

When an Arc Vending Machine issues a receipt indicating that an amount to be refunded was not returned, a product was not dispensed, or another malfunction occurred, a refund will be issued upon presentation of such receipt. Please see the “Process for Requesting a Refund” section.

If no receipt is issued by the Arc Vending Machine, the request for a refund must include the station name where the malfunction occurred, as well as the 5-digit Arc Vending Machine number (located on the front of the Arc Vending Machine), the amount, date, and approximate time of the attempted transaction. CRP will verify the malfunction and upon such verification will issue an in-kind fare product, or an in-kind reimbursement by adjusting the Stored Value balance in the Purse of on an Arc Card.

Requests relating to an Arc Vending Machine malfunction must be made within 60 days of the malfunction.

REFUNDS AND REIMBURSEMENTS RESULTING FROM INVESTIGATIONS

Refunds and reimbursements resulting from investigations will be processed in the manner indicated in this “Refunds and Reimbursementsfor Arc Cards” section for the applicable fare product.

OTHER REFUNDS

CRP will consider and, in its absolute discretion, may grant requests for partial or complete refunds and/or reimbursements for otherwise valid Stored Value on Arc Cards that cannot be used due to:

• death, when a request is received from the estate of a deceased Arc Cardholder and is substantiated by a death certificate, in which case the estate of the deceased Arc Cardholder would receive r a refund of the balance of Stored Value in the Purse on the Arc Card.

PROCESS FOR REQUESTING A REFUND OR REIMBURSEMENT

Refund or reimbursement requests may be made:

• in person at an Arc In-Person Service Counter
• or by calling Arc Customer Service.

Please include the following documentation with your request:

• the Arc Card, if requesting a refund if the Arc Card is defective or damaged;
• the Arc Card serial number and 3 digit card verification number (CVN) located on the back of the Arc Card;
• legal name, address and phone number of Arc Cardholder requesting the refund;
• explanation of the refund or reimbursement request; and
• if a refund or reimbursement request is due to an Arc Vending Machine malfunction:

• • a valid receipt from the ArcVending Machine indicating the amount to be refunded or reimbursed; or
  • the station name and Arc Vending Machine number (located in the upper right hand corner of the Arc Vending Machine screen) where the malfunction occurred, as well as the amount, date, and approximate time of the attempted transaction.

If an Arc Cardholder does not deposit a refund cheque in the amount of $50 or more, please check the database at www.alberta.ca/unclaimed-property.aspx . If your name appears, follow the instructions as indicated on the website to submit a request.

CARD EXPIRATION FOR Arc CARDS

The Arc Cardholder’s Arc Card will not expire. For technological reasons, CRP may recommend the Arc Cardholder replace his/her Arc Card. If so, the Arc Cardholder will be responsible for surrendering his/her Arc Card and obtaining his/her replacement Arc Card. In addition, the Arc Cardholder will be responsible for paying (1) the difference between the Arc Card Fee paid at the time of obtaining the initial Arc Card and the card fee amount for an Arc Card, as set by CRP at the time of card replacement, and (2) any Cardholder Fees, as set out in the “Cardholder Fees for Arc Cards” section of these Arc Card Terms and Conditions of Use at the time of card replacement. If the Arc Cardholder obtains his/her replacement Arc Card at an Arc In Person Service Counter any Stored Value balance in the Purse on the original Arc Card will be added to the replacement Arc Card. If the Arc Cardholder obtains his/her replacement Arc Card by visiting the Arc Website or by calling Arc Customer Service, any remaining Stored Value balance in the Purse on the original Arc Card may be added to the replacement Arc Card as applicable.

TERMINATION OF Arc CARDS

A Registered User may request a refund of the Stored Value remaining in the Purse on his/her Arc Card, if any, in accordance with the “Refunds and Reimbursements for Arc Cards” section of these Arc Card Terms and Conditions.

Following the surrender of an Arc Card, the Arc Cardholder will remain responsible for any amounts due and payable by the Arc Cardholder to the Service Providers under his/her Arc Card. If the Arc Cardholder’s Positive Value is insufficient to cover the outstanding charges, the Cardholder will remain liable for all such amounts.

C. Arc CARDS AND ONE AT NAIT CARDS WITH PROGRAM PASSES

The following provisions apply to:

• ONE AT NAIT Card;
• Arc Cards with an active Program Pass and;
• Arc Cards with an active Program Pass and Stored Value.

For the general provisions applying to Arc Cards, please refer to section B “Arc Cards” of these Arc Card Terms and Conditions of Use.

HOW TO OBTAIN A U-PASS PERIOD PASS

One AT NAIT cards will be issued to NAIT students. One AT NAIT cards can be enabled with U-Pass Period Passes by NAIT students eligible for the U-Pass Program and used for Services throughout the Transportation Service Region..

Arc Cardholders eligible for U-Pass Program must obtain an ArcCard from any of the following authorized methods: (1) online at the Arc Website; (2) by visiting an Arc Customer Service Counter; (3) by calling ArcCustomer Service; (4) by mail by calling Arc Customer Service; (5) at Arc Retailers for Arc Cards; or (6) at Arc Vending Machines.

Arc Cardholders and NAIT students eligible for U-Pass Program must log on to the student portal of their post secondary institution in order to enable their U-Pass Program Period Pass.

Arc Cardholders eligible for the U-Pass Program agree to pay the Arc Card Fee and any applicable fees for each Arc Card obtained or issued to the Arc Cardholder.

TRANSFERABILITY OF Arc CARDS WITH U-Pass PROGRAM PERIOD PASSES

Arc Cards and One AT NAIT cards with U-Pass Program Period Passes are non-transferable.

STORED VALUE ON AN Arc CARD WITH A U-Pass PROGRAM PERIOD PASS

An ArcCard with a U-Pass Program Period Pass can also hold Stored Value.

Stored Value can be added to the Purse on an Arc Card through the following authorized methods: (1) online at the Arc Website; (2) by visiting an Arc In Person Service Counter; (3) at an Arc Retailer for Arc Cards; (4) by calling Arc Customer Service; and/or (5) at Arc Vending Machines.

REFUNDS AND ADJUSTMENTS FOR PROGRAM PERIOD PASSES

REFUND OF PROGRAM PERIOD PASSES

Program Period Passes are refundable only to the extent permitted by the applicable program rules. If a refund of a Program Period Pass is permitted, refunds can be obtained by contacting the applicable program administrator for the Program Period Pass.

PRIVACY

The Arc Cardholder must take all reasonable steps to care for his/her Arc Card and to protect his/her travel and transaction history and information. Information included on each Arc Card Account, whether registered or unregistered, includes travel and transaction history whether they are travel transactions or financial transactions. Information displayed at an ArcVending Machine includes transaction history whether they are travel transactions or financial transactions, and the validity and expiry date of any Period Pass fare products on the applicable Arc Account, and any Purse balance on the account, and the total of any cap accumulators. Information displayed at an Arc Card Reader includes the validity of travel rights and expiry warningsof any Period Passes and/or Program Passes on the applicable ArcCard account, and/or low purse balance warnings. The travel and financial transactions and fare product information on an Arc Card is available to any person in possession of the applicable Arc Card and, in the case of a Registered Card, to the Registered User.

Information provided by the Arc Cardholder or Registered User and any data CRP receives as a result of the Arc Cardholder’s use of his/her Arc Card is managed and protected in accordance with the Freedom of Information and Protection of Privacy (FOIP) Act.

AMENDMENTS TO THESE Arc CARD TERMS AND CONDITIONS OF USE

CRP reserves the right to amend these Arc Card Terms and Conditions of Use at any time by posting the amended Arc Card Terms and Conditions of Use on the Arc Website. The Arc Cardholder will be deemed to have received notice of the amendments to these Arc Card Terms and Conditions of Use seven days after the amended Arc Card Terms and Conditions of Use are posted on the Arc Website. The use by an Arc Cardholder of his/her Arc Card after that date will be deemed acceptance of the amended Arc Card Terms and Conditions of Use.

It is the Arc Cardholder’s responsibility to be aware of the terms and conditions contained in these Arc Card Terms and Conditions of Use including any changes to prices in the Transit Fare Policy, the Privacy Policy, and any other Service Provider bylaw, policy or regulation referenced in these Arc Card Terms and Conditions of Use.

FAILURE TO COMPLY WITH THESE ArcCARD TERMS AND CONDITIONS OF USE

The Arc Card and, if applicable, evidence of eligibility for, or entitlement to, a fare product must remain in the possession of the Arc Cardholder at all times while using the Services or while in a Fare Paid Zone and must be produced for inspection on request of any Transit Employee or Peace Officer.

The Service Providers (including without limitation the Transit Employees) reserve the right to not accept any Arc Card or otherwise limit use of any Arc Card if it reasonably believes that the use is unauthorized, fraudulent or otherwise unlawful.

Failure by an Arc Cardholder to comply with any portion of these Arc Card Terms and Conditions of Use and/or the Transit Fare Policy may result in the blocking of his/her Arc Card, the issuance of a ticket for an infraction under the Transit Fare Policy and/or other consequences.

If an Arc Card is blocked in accordance with this section, the remaining Stored Value on the Arc Card will be held by CRP and will be refunded to Registered Users of Arc Cards and upon request in accordance with the process set out in the “Process For Requesting a Refund” section of these Arc Card Terms and Conditions of Use applicable to the Arc Cardholder at the time of request

The Arc Cardholder must not deface, alter or duplicate an Arc Card or create a counterfeit Arc Card. The Arc Cardholder must not load fare products through an unauthorized means on an Arc Card or an unauthorized card. The Service Providers will not honour defaced, altered, duplicated or counterfeit cards or otherwise unauthorized cards or fare products.

The Service Providers reserve the right to examine Arc Cards, confiscate any that are believed to be unauthorized, fraudulent or otherwise unlawful, and either deny Services to, or require an alternate form of valid payment from, a person presenting unauthorized cards or fare products as payment for the Services.

GENERAL

These Arc Card Terms and Conditions may be amended at any time by the Participating Municipalities by posting the amended Arc Card Terms and Conditions on the relevant Arc Card Website. You will be deemed to have received notice of any such amendments to these Arc Card Terms and Conditions seven days after the said amendments are posted on the Arc Card Website. Your use of your Arc Card after that date will be deemed acceptance of the amended Arc Card Terms and Conditions.

The Participating Municipalities make no representations or warranties of any kind, express or implied, with respect to the use or operation of the Arc Card and will not be liable for any loss, damage, delay, expense or inconvenience resulting therefrom, whether direct or indirect.

The Participating Municipalities will have no liability for damages or any failure to perform due to circumstances or causes that are, directly or indirectly, beyond their control, including but not limited to situations involving system failures or system malfunctions; viruses or other harmful code; criminal acts; riots; acts of God; epidemic or pandemic; labour disputes and actions; accidents; shutdowns for purpose of emergencies or repairs; partial or entire failure of utilities or other event or cause, whether similar or dissimilar to the foregoing, beyond the control of the Participating Municipalities.

Each Arc Card and One AT NAIT card is uniquely identified by a serial number printed on the back of the card. The rights associated with the Arc Card and these Arc Card Terms and Conditions will apply to anyone using the Arc Card or One AT NAIT card, whether such person is the original cardholder or, if permitted, a cardholder to whom the Arc Card One AT NAIT card has been transferred for use by such person.

The Participating Municipalities may assign, transfer or dispose of all or part of their rights, obligations and interests in or under these Arc Card Terms and Conditions at any time without further consent and without notice to you. You shall not assign your obligations or benefits under these Arc Card Terms and Conditions.

Each of the provisions contained in these Arc Card Terms and Conditions will be severable and distinct from one another and if any one or more provisions of these Arc Card Terms and Conditions is now or is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or compromised.

Headings used in these Arc Card Terms and Conditions are for ease of reference only and will in no way affect the interpretation of these Arc Card Terms and Conditions.

These Arc Card Terms and Conditions will be governed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein.

Please direct any questions, comments or communications regarding these Arc Card Terms and Conditions to: Fare Program Manager at 780-496-5789.

^[1] Account transaction history and card balance is also accessible by tapping your Arc Card on an Arc fare vending machine