Fareshare employee terms and conditions Fareshare employee terms and conditions

With Fareshare, employers can subsidise your public transport costs when you travel to and from work using Auckland Transport (AT) services. Once Fareshare is loaded onto your AT HOP card, you are charged a reduced fare on eligible journeys.

SCHEDULE 1 TERMS AND CONDITIONS OF USE FOR EMPLOYEES PARTICIPATING IN FARESHARE (“FARESHARE EMPLOYEE TERMS”)

Background

1. AT has established Fareshare and Your Employer has agreed to participate in Fareshare under the Employer Agreement (a separate agreement between AT and your Employer). For the term of the Employer Agreement, AT will facilitate Your Employer offering a subsidy to you for your travel on Services.

Purpose of these terms and conditions

2. These terms and conditions apply to any person who is eligible and elects to participate in Fareshare (“you, your”).

3. These Fareshare Employee Terms set out:

(a) the terms and conditions of you participating in Fareshare; and

(b) the information Your Employer will collect from you and provide to AT; and

4. By participating in Fareshare, you agree to be bound by these Fareshare Employee Terms and the AT HOP card terms of use (as updated from time to time) which apply to your Registered AT HOP Card.

View AT HOP card Terms of Use.

Definitions

5. In these Fareshare Employee Terms:

“AT” means Auckland Transport, a Council-controlled organisation of Auckland Council established by the Local Government (Auckland Council) Act 2009;

“Business Day” means any day except a Saturday, Sunday, or public holiday (as defined in the Holidays Act 2003) in Auckland, New Zealand (which commences at 12am and ends at 11.59pm);

“Eligibility Criteria” means the eligibility criteria set out in clause 7;

“Eligible Journey” means a journey taken by you on a Service that is commenced by tagging on with your Registered AT HOP Card on a Business Day (or any other day on which Your Employer has agreed with AT that Fareshare will apply) during the Term and to which the Employee Fare Contribution has been applied;

“Employer Agreement” means the agreement between Your Employer and AT setting out the terms and conditions of Your Employer participating in Fareshare;

“Employee Fare Contribution” means the amount deducted from your Registered AT HOP Card account for you will be responsible for paying as the fare payable by you for an Eligible Journey which, to avoid doubt, will comprise the Fare less the Fareshare Subsidy;

“Fare” means the full adult fare without any concession or discount charged by AT from time to time for an Eligible Journey;

“Fareshare Cap” means the cap activated on your Registered AT HOP Card to ensure that the proportion of each Fare that you will pay (and that will be deducted from your Registered AT HOP Card) is the Employee Fare Contribution;

“Fareshare Subsidy” means the proportion of a Fare for an Eligible Journey you have taken that Your Employer has agreed to pay to AT which, to avoid doubt, will be the Fare less the Employee Fare Contribution;

“Privacy Act” means the Privacy Act 2020;

“Registered AT HOP Card” means an AT HOP card registered to you via a MyAT account (where a MyAT is the AT portal to sign into and manage your AT HOP card;

“Service” means a public transport service operated by AT that can be boarded with an AT HOP card but excludes the Waiheke ferry;

“Verifiable Credential” means a tamper-evident credential that has authorship that can be cryptographically verified and used to provide the identify, qualifications and other attributes of an individual;

“Work Email Address” means the email address assigned to you by Your Employer for the purpose of receiving emails in the course of your employment;

“Your Employer” means your employer that you have named in your myAT account when registering to participate in Fareshare.

Fareshare

6. Employee Fare Contribution: Under Fareshare, AT will apply a cap (the Fareshare Cap) to the Fare deducted from your Registered AT HOP Card for each Eligible Journey you take so that you pay only a proportion of the Fare, that proportion being the Employee Fare Contribution. AT will then invoice Your Employer each month for payment of the total aggregate amount of Fareshare Subsidy (which is the total aggregate amount of the proportion of the Fare of each Eligible Journey you have taken in the previous month that Your Employer has agreed to pay AT under the Employer Agreement).

Eligibility

7. To be eligible to participate in Fareshare, you must the following Eligibility Criteria:

(a) be employed by your Employer and your Employer has an Employer Agreement;

(b) have registered to participate in Fareshare via your myAT account using the URL sent by Your Employer to your Work Email Address;

(c) have consented to AT using Credibil (or other application specified by AT) to verify your Verifiable Credentials using the URL sent to your Work Email Address by Your Employer;

(d) have a Registered AT HOP Card (which must be in your name and not be registered to an AT HOP account in the name of another person or linked to the AT HOP account of another person);

(e) have accepted and signed the Fareshare Employee Terms; (f) not have been removed from participation in Fareshare by AT; and

(g) have complied and continue to comply with all requirements of participating in Fareshare, including but not limited to the Fareshare Employee Terms.

Participation, Registration and Activation of the Fareshare Cap

8. URLs: To participate in Fareshare, you must receive two URLs from Your Employer to your Work Email Address: one to link to a section in your myAT account to register to participate in Fareshare with AT and the other to Credibil (or other application specified by AT)(Credibil) to register and consent to AT verifying your Verifiable Credentials using Credibil. You must not apply to participate in Fareshare unless Your Employer has sent both URLs directly to your Work Email Address. You must not register to participate in Fareshare using URLs sent to any other person.

9. Registration and Verifiable Credentials: Once you receive the URLs from Your Employer, use the myAT URL to link to your myAT account, login and register to participate in Fareshare. Use the other URL to register in Credibil to consent to AT using Credibil to verify your Verifiable Credentials.

10. Verifiable Credentials: The only Verifiable Credential AT will require for the purpose of allowing you to participate in Fareshare is that you are an employee of Your Employer. AT will use Credibil (or other application specified by AT) to verify those Verifiable Credentials in the following way:

(a) once you consent to AT using Credibil (or other application specified by AT) to verify your Verifiable Credentials, Credibil will send a verification code to your Work Email Address;

(b) once you receive the verification code sent by Credibil at your Work Email Address, log back in to Credibil and enter the verification code; and

(c) if the code sent to your Work Email Address and the code you subsequently enter into Credibil are identical, AT will accept that as proof that you are employed by Your Employer and verification of your Verifiable Credentials, however, please note that AT may check with Your Employer to confirm that you are employed by Your Employer as required by AT.

11. Activation:

(a) AT will use reasonable endeavours apply the Fareshare Cap to your Registered AT HOP Card within ten (10) Business Days of:

(i) AT verifying via Credibil your Verifiable Credentials; and

(ii) AT being satisfied that you meet the Eligibility Criteria.

(b) Use within 60 days: Once AT has applied the Fareshare Cap to your AT HOP Card, you must activate the Fareshare Cap by using your Registered AT HOP Card to pay the fare on any service that can be paid for with an AT HOP card on any day within sixty (60) days of the Fareshare Cap being applied to you Registered AT HOP Card. If you fail to do this, the Fareshare Cap will be disapplied from your Registered AT HOP Card and your participation in Fareshare will be terminated. You must contact Your Employer to obtain further URLs and Your Employer must send new URLs to you to restart the registration procedure to activate the Fareshare Cap on your Registered AT HOP Card.

12. MyAT Account: Activation of the Fareshare Cap will be recorded in your MyAT account. You must check their MyAT account regularly to monitor the Fareshare Cap on your Registered AT HOP Card.

13. You must not share a Registered AT HOP Card with the Fareshare Cap: You must not share or allow any other person to use your Registered AT HOP Card on which the Fareshare Cap has been activated and it will be a breach of the Fareshare Employee Terms if you do so.

14. Registered AT HOP Card: The Fareshare Cap will be applied to the Fare for each Eligible Journey you take only if you commence that journey by tagging on with your Registered AT HOP Card on which the Fareshare Cap has been applied. To avoid doubt, AT will not cap the Employee Fare Contribution and the Fareshare Subsidy will not be payable by Your Employer for any journey that is not commenced by tagging on with your Registered AT HOP Card on which the Fareshare Cap has been applied and activated.

15. Services: AT may exclude any service it operates from the Services at any time.

16. Fare Concessions:

You accept that:

(c) if the Fareshare Cap is activated on a Registered AT HOP Card that has another concession type activated on it, the existing concession (including a tertiary, student or any other concession) will be removed and replaced with the Fareshare Cap;

(d) the Fareshare Cap will be applied to the Fare (being the full adult fare) for a Service and will not be applied in conjunction with any other AT concession or discounted fare. You also accept that participation in Fareshare might not result in the Fareshare Subsidy being applied to the best fare available to you. For example, the Fareshare Subsidy will be applied to the full adult fare for each Eligible Journey you take, not the fare you would pay if you are eligible for a concession.

17. 7-day Fare Cap: The 7-day fare cap imposed on AT HOP Cards (as described at 7-day Fare Cap page) or any other cap on fares that may be imposed by AT from time to time (each, a Fare Cap) will not be applied to an Employee’s Registered AT HOP Card until the total Employee Fare Contribution in the 7-day period exceeds the Fare Cap. [Business Entity] will be liable for the Fareshare Subsidy amount applicable to the aggregated total amount of Fares at which Employee Fare Contribution was reached. To avoid doubt, if the 7-day fare cap is $50 and the Fareshare Subsidy is 50%, the 7-day fare cap will not apply until the total aggregate Fares of an Employee in the 7-days have exceeded $100 on Eligible Journeys on Services to which the 7-day fare cap applies. The Employee will be liable to pay an Employee Fare Contribution of $50 and [Business Entity] will be liable to pay a Fareshare Subsidy of $50 for those 7-days. The 7-day fare cap does not apply to some journeys that are Eligible Journeys as it only applies to inner harbour ferry services and to no other ferry services (see 7-day Fare Cap page) AT may amend the Services to which a Fare Cap applies at any time.

Replacement AT HOP Cards

18. If you would like the Fareshare Cap to be activated on a different Registered AT HOP Card (for example, if you lose your Registered AT HOP Card with the Fareshare Cap activated on it), you must update your card details in your myAT account. AT will activate the Fareshare Cap on your new Registered AT HOP Card in the timeframes Your Employer has agreed with AT. It may take up to ten (10) Business Days from the date of your request for AT activate the Employee Fare Contribution on your new Registered AT Hop Card. (Note that, as set out in clause 27 below, AT will not backdate the application of the Fareshare Cap for any period where the Fareshare Cap was not activated for any reason.)

Privacy and Permissions granted to Your Employer and AT

19. By applying to participate, participating in Fareshare or agreeing to these Fareshare Employee Terms, you give Your Employer permission to provide the following to AT:

(a) Your full name and status as an employee;

(b) Your Work Email Address; and

20. By applying to participate, participating in Fareshare or agreeing to these Fareshare Employee Terms, you consent and give permission to AT to:

(a) Collect, hold and use and disclose the information AT receives about you from Your Employer to facilitate the operation of Fareshare; and

(b) confirm to Your Employer that you are participating in Fareshare and that the Fareshare Cap has been activated on your Registered AT HOP Card;

(c) provide to Your Employer the total aggregated amount of the Fareshare Subsidy and the total aggregated amount of Fares for all Eligible Journeys you have taken each month (but not the time, day, mode or route of any Eligible Journey).

21. AT will collect, hold and use your personal information in accordance with AT’s Customer Privacy Policy.

22. You may withdraw your consent to AT to use or deal with your information under these Fareshare Employee Terms at any time. To do so, you must notify AT that you wish to withdraw your consent and withdraw from Fareshare in your myAT account. Note that you will no longer be eligible to participate in Fareshare if you withdraw consent to AT to use or deal with your information for the purposes set out in these Fareshare Employee Terms and the Fareshare Cap will be disapplied from your Registered AT HOP Card.

Survey

23. You agree that Your Employer and AT can contact you about your participation in Fareshare to request your feedback.

Termination

24. Your participation in Fareshare will terminate automatically on the expiry of the Employer Agreement or if:

(a) you no longer meet the Eligibility Criteria to participate in Fareshare; or

(b) you fail to activate the Fareshare Cap on your Registered AT HOP Card in accordance with these Fareshare Employee Terms (see clause 11 above); or

(d) AT suspends or terminates your participation in Fareshare for any reason at its sole discretion.

25. If Your Employer gives notice to AT requesting that your participation in Fareshare is terminated (or the Fareshare Cap deactivated on your Registered AT HOP Card), AT will remove the Fareshare Cap on your Registered AT HOP Card within five (5) Business Days of receiving notice from AT. Any dispute arising out of or in relation to Your Employer’s request to AT that your participation in Fareshare is terminated (or the Fareshare Cap be removed from your Registered AT HOP Card), including whether or not Your Employer had valid grounds to make such a request, is a dispute between you and Your Employer only and AT will not participate in or be liable in any way in relation to any such dispute.

26. On termination of your participation in Fareshare, AT will remove the Fareshare Cap on your Registered AT HOP Card. To avoid doubt, you will be required to pay the full adult fare (unless you are eligible for other concessions) for all travel on public transport from the time at which the Fareshare Cap is removed from your Registered AT HOP Card.

Liability

27. AT will not backdate the activation of the Fareshare Cap on your Registered AT HOP Card for any period where you are unable to use the Fareshare Cap activated on your Registered AT HOP Card or participate in Fareshare or when you were waiting for a replacement Registered AT HOP Card.

28. AT will not be liable to you for any reason whatsoever if you are unable to use the Fareshare Cap activated on your Registered AT HOP Card or participate in Fareshare including without limitation, as a result of:

(a) any breach by you of these Fareshare Employee Terms;

(b) you failing to activate the Fareshare Cap in accordance with these Fareshare Employee Terms;

(c) you failing to provide Your Employer or AT with the information required by AT to activate the Fareshare Cap on your Registered AT HOP Card or the information you provide is incorrect;

(d) you losing, damaging or misplacing your Registered AT HOP Card;

(e) Fareshare, or your participation in Fareshare, being suspended or terminated;

(f) Your Employer requesting that AT suspend or terminate your participation in Fareshare; or

(g) you becoming ineligible to participate in Fareshare.

29. To the maximum extent permitted by law and without limiting anything in these Fareshare Employee Terms:

(a) Should AT have any liability to you for any reason whatsoever, then the maximum aggregate liability of AT to you in relation to, or arising out of, Fareshare (including without limitation, any breach of these Fareshare Employee Terms or any other failure whatsoever, and whether at law, in tort, negligence, contract or otherwise) will be limited to the aggregate of any Fares (or proportion of Fares) paid by you for Eligible Journeys on the Services under Fareshare during the Term; and

(b) AT will not be liable to you (whether in contract, tort, negligence or otherwise) for any incidental, indirect, special or consequential loss including punitive or exemplary damages or loss of opportunities except in the case of fraud, malicious or criminal act or omission by AT.

General

30. To the extent of any conflict or inconsistency between these Fareshare Employee Terms and the AT HOP card terms, these Fareshare Employee Terms will prevail.

31. AT reserves the right to amend these Fareshare Employee Terms from time to time without notice to you. By continuing to use your Registered AT HOP Card on which the Fareshare Cap is activated after AT has updated these Fareshare Employee Terms, you agree to be bound by such revised terms.

32. These Fareshare Employee Terms are governed by and are to be construed in accordance with the laws of New Zealand and the courts of New Zealand will have exclusive jurisdiction.

33. If you have any questions about your participation in Fareshare or the Employee Fare Contribution, please contact Your Employer. Agreement and Consent I agree to these Fareshare Employee Terms and give consent to Your Employer and AT to use my personal information as set out in these Fareshare Employee Terms.

Signed:

Name:

Date: