1. General

  • Welcome to “The Station” application (see below: “the App“) for use on the various tools of transport in Israel.
  • The App that may be downloaded for use through the User’s mobile telephone or any other compatible device (see below – “the App“) (the services according to the App will be defined below – “the Services“) is operated by the Via Mobility Israel Ltd at 144 Derech Menachem Begin Tel Aviv-Yafo, Corporate ID No. 515905438 or any other entity that will be determined in the future by the service client (as defined below) (see below – “the Operator” or “the App Operator.”)
  • Downloading the App does not involve payment of any fee to the App Operator or any other entity. The payments that will be carried out through the App will be solely and exclusively for public transport travel fares, as detailed below.
  • Downloading the App and/or the use of the Service (as defined below) attests to and constitutes the User’s confirmation concerning his Agreement to these Terms of Use (see below – “Terms of Use”), and the remaining terms appearing in the App, as will be updated from time to time.
  • These terms apply to the App and the Service’s use by any other means (for example, a cellular telephone, a tablet computer, and the like.)
  • It will be clarified that the Terms of Use apply solely on the Service described in this document, as defined below, enabling validation and payment of public transport travel fares through a mobile application. The Terms of Use do not apply to supplemental services, as defined in this Agreement, that is liable to be given by the App Operator, for which a separate registration will be performed, and the relevant Terms of Use will apply to the additional Service.
  • To the extent that the User does not agree to the Terms of Use, the User should refrain from using the App and delete it.
  • A copy of this Agreement will be sent back to the email address you provide with the registration.
  • The Terms of Use will apply to any use made by you of the App, including the Service, and constitute a binding legal agreement between you and the Operator of the App, and the Client. You may use the App and the Service solely per this document.
  • In any case of conflict between the Terms of Use and the provisions of other agreements and/or other publication provisions regarding the App, these Terms of Use will prevail unless expressly stated otherwise.
  • As amended from time to time, this Agreement will be valid in the relationship between the parties as long as the App Operator or the User does not revoke it. The Agreement’s cancellation will be by sending a written notice to the parties’ email addresses, as detailed below.
  • You can re-read the Terms of Use, as they may change from time to time, at any time, in the space provided in the App.
  • For convenience, this Agreement is written in the masculine but is intended for both genders.

 

*This user agreement will not apply to travel made on the Jerusalem Light Rail.

 

*The daily and monthly payment ceilings determined in price control orders concerning travel on public transport (as defined below) will apply to a single use of the App and not enable the transfer of any debit or credit from one App to another.

 

*Any validation through the App will constitute the passenger’s consent to order payment to the App Operator.

2. About the Service

The Service described in this document enables validation and payment of public transport travel fares (see below – “Payment Instruction“) through the use of a mobile application enabling, among other things, the establishment and use of a remote account for payment (see below together – “the Service” or “the Services” or “Means of Ticketing.”) The use of the Service is conditional upon agreeing to the Terms of Use.

It will be emphasized that any validation through the App will constitute a payment order in a manner described below.

Any other service offered by the App Operator, other than surveys, feedback messages, and the routing planning service (which will be detailed below), including receiving messages unrelated to the Service, will be subject to the positive and separate consent and approval of the User.

3. Definitions

  • Methods of Payment – a credit card or account charge order It should be clarified that payment cannot be made through the use of a charge card or prepaid card.
  • Travel Fare – payment for any trip that the App Operator is entitled to collect from passengers as outlined in the Price Control Orders for Services and Consumables (travel fares on bus service lines and travel prices on local railways), 5763 – 2003, Price Control Orders for Services and Consumables (railway travel fares), 5776 – 2015, and in the Price Control Orders for Services and Consumables (taxi fares) No. 2 (5777 – 2) including travel arrangements that provide designated discounts (beneficiary profile, as defined below) and others as outlined in the above orders.

 

  • Travel Arrangement – an arrangement that imparts rights to travel on bus, railway, shared taxis, and cable car service lines.
  • Month – a calendar month as per the Georgian calendar.
  • Remote Account / User Account – a personal framework attributed to a user at the Service’s Client, which enables his consumption of a collection of services, based on information received from other sources (external primary sources). The services are supplied to the User of public transportation services through a centralized system linked by technological means, including a mobile app or a website.
  • The Service’s Client – The Ministry of Transport and Road Safety and/or the National Public Transport Authority and those on their behalf.
  • User and/or Passenger – any person using any type of application.
  • Day – From midnight (00:00) to 23:59.
  • Beneficiary Profile – a user profile enabling the realization of eligibility for a designated discount in travel fares mandated by law and as per the regulations and criteria of the Transport Ministry.
  • Validation – authentication of travel fare payment.
  • Increased Rate – any passenger who has not paid an individual fare or not presented to a licensed representative any certified validation and/or fare payment for this trip is obligated to pay the travel fare as per the increased rate published by the Supervisor of Transport Official Gazette Order 6774 from March 20, 2014, and as may be updated from time to time.

4. Registration for the Service and Updating the Passenger Profile

  • To join the Service and use the App, it is necessary to open a remote account that requires registration that includes submission of personal details, including payment methods. As part of the registration, you will be requested to submit personal details that will include, among other things, your full name, ID number, only minimal critical contact information, and method of payment details to carry out any charges. You are under no legal obligation to fill in any of the details required as part of the registration to the Service; however, should you choose not to submit the requested details, we will be unable to supply you the Service requiring the submission of the said details.
  • A passenger entitled to a designated discount, including a Senior Citizen, will be asked to create a beneficiary profile and submit at the time of registration or thereafter all the required documents. It should be emphasized that without creating a suitable profile based on all the necessary documents, it will be impossible to create a profile and exercise the right to a discount.
  • The users’ attention is drawn to the fact that there is no double entitlement to a discount, and if the User is approved erroneously for more than one optimal profile, the User will be entitled to the highest among the various discounts.
  • The right of designated discounts as part of the beneficiary profile is personal and non-transferrable upon registration and/or use.
  • The default amount of fare charged to the User will be under a regular travel arrangement. A passenger entitled by law to a travel arrangement subject to the beneficial profile, including a discount under the Senior Citizens Law, will be required to comply with all the stated below to create a beneficial profile in the App that will enable him to realize his right. Any passengers who failed to comply with all the terms, including certification of the beneficiary profile as stated in Section 4.2 above, will be ineligible to exercise his right, and while no file any demand and/or claim and/or suit against the App Operator or the Service’s Client, or both.
  • According to any law, the User will be required to provide photocopies of certificates, documents, and appropriate certification attesting to eligibility to obtain a beneficiary profile. A user who has not activated the beneficiary profile update will be designated a default profile. Receipt of the designated discounts as enabled by the beneficiary profile is conditional upon completion of the App’s procedure, and this includes submission of all the required documentation and receiving beneficiary profile approval. It should be emphasized that without filling in the required details and attaching the documents as stated, you will be ineligible for any discount on the public transport rates. Once you have received your confirmation of joining, you can start using the App and the Service.
  • Once the User’s confirmation of joining the App has been received, he can start using the App and the Service.
  • In registering to the App, the User agrees that the data he is providing at the time of his joining the App will be maintained in the database of the Service’s Client and/or by those on its behalf, including the Operator, and their use will be subject to the Privacy Policy detailed below.
  • In registering for the App, the User declares that all the information he has provided as part of the Service’s registration is correct and accurate.

5. Using the Service

When entering a means of public transportation or a station from which a means of public transportation is operated, the Service user must perform a validation operation.

6. How to Validate

  • Validation is carried out as follows:
  • In means of transportation where there is a gate: In stations/platforms where there is a gate, the User will validate through initiating a request in the App. The validation certificate received will be displayed in the QR code, which must be presented to the gate’s authentication device. An identical process must be performed to open the station/platform gate at the exit.
  • Means of transport: There is no gate, and the validation is performed on the vehicles: To perform the validation, scan the QR code found in the vehicle and declare the trip’s destination.
  • Means of transport: There is no gate, and the validation is performed outside the vehicles: To perform the validation, scan the QR code found at the station/platform and declare the trip’s destination.
    • Validation must be performed before starting any use of public transportation and at its end with means of transportation where there is a gate. A validation operation must also be performed when the User utilizes several means of transport in a sequence, including transit journeys made within 90 minutes from the previous validation date.
    • At the end of the validation operation, a validation certificate in the form of a QR code will be received in the App’s remote account. The User must authenticate receipt of the validation certificate.
    • Completing the validation operation is conditional upon completing the details required in the App, including filling in details regarding the type of means of transport, the station of departure, and the trip destination.
    • The App operator will be entitled to deny a validation if the payment method provided at the time of registration is not valid or when the User has an unsettled debt for the use of the Service, or any other reason directed by the Service’s Client. In such a case, the User will be prohibited from filing any demand and/or claim and/or suit against the Service’s Operator and/or Client.
    • The User will be able to log in to the remote account and view the QR code confirming the trip’s validation if required to do so by supervising and enforcement bodies of the Service’s Client or Operator or acting on their behalf.

7. Payment

  • Downloading the App and the Service’s use does not obligate the User to any fee or payment, except for payment of the travel fare for public transport.
  • The amount of the travel fare for the use of public transport, including the types of travel arrangements and discounts designated as per the user profile, is outlined in the orders that fall within the responsibility of the Ministers of Finance and Transport, under the Commodities and Services Supervision Law, 5718 – 1957.
  • The payment for the travel fare will be done through the App, through a charge to the payment method for its details were conveyed at the time of registration to the Service, or any method of payment that will be updated at a subsequent date. The travel fares are calculated monthly as per the User’s uses during the same month. Upon the User’s registration to the Service, he consents and approves the payment method’s charge as detailed above.
  • Payment Collection:
    • Collection of payment from those users for whom their account contains a current credit card for payment will be done by way of a standing order on the 25th of every calendar month for the following month.
    • Collection of payment from users for whom their account contains a current Debit card or a credit card issued outside the State of Israel will be done at the end of every day.
  • The method of payments must be valid at the time of registration and at all times during the use of the App and the Service. The App enables the exchange of payment methods when registering to the Service to comply with this requirement.
  • The User is obligated to notify the App operator immediately upon being informed that the method of payment conveyed is invalid or that there is some impediment to his being charged, attached with a valid, alternate method of payment.
  • The User undertakes that he is entitled and eligible to use this payment method according to any law by providing the payment method’s details.
  • After approval of the payment, confirmation of said payment will be dispatched to the email address provided when joining the Service.
  • The User may enter his connected account and request a presentation of a history of his travels and the detailed utilization for a period of up to 50 previous trips or charges.
  • Without derogating from the generality of the following regarding the cancellation of the use by the App Operator, if the App Operator has not been able to collect the payment for the fare from the User through the method of payment provided by him, the Operator may act to seek repayment of the debt in any way available by law and at its discretion. The User undertakes to bear the full costs involving the collection of his debt.
  • If the User wishes to dispute any charge he has been charged, he will contact the Operator as soon as possible, and no later than 45 days after the charge was first displayed in his account.
  • The App allows the User to validate and pay a fare for another passenger, other than the User, on public transportation. In this case, the User will be charged the full fare according to the law for a single trip, without the right to transfer for 90 minutes, without designated discounts or temporary and/or periodic arrangements to which the other passenger may be entitled, and without calculating the fare in the App performed only for the User.

8. Increased Rate for Non-validation, or Non-payment, or Both

A signature on this document is a declaration by the User that he is aware of his obligation to validate and pay an individual fare and/or present to a licensed representative any certified validation and/or travel fare payment for this trip that otherwise will be obligated to pay the travel fare as per the increased rate published by the Supervisor of Transport Official Gazette Order 6774 from March 20, 2014.

9. General Terms and Changes in the Terms of Use

  • The App is supplied to the user “as is” and “as available” without any obligation and/or display and/or liability of any kind whatsoever, and the User will not have any claim, suit, or demand against the App operator and the Service’s Client for the Service, its capabilities or limitations. The App operator and the Service’s Client and/or person(s) on their behalf will not be liable toward the User, another passenger, and/or any third party due to any damages and loss or harm of any kind that were caused to any person, related and/or emanating from the Service and/or from use of the App or for blocked access to the App for any reason, and/or due to the User’s non-compliance with the provisions of the Terms of Use, including in connection with the payment of travel fares. The termination of access will not change and/or cancel any debt created for the User due to the use of the App and/or the Service.
  • It is hereby clarified that the Terms of Use do not impose liability on the operator and/or service provider and/or any person(s) on their behalf for the provision of transportation services and/or for any damage and/or expense incurred by the User as a result of using transportation services, including travel delays and/or accident incidents and/or other events related to the trip itself and/or the timetable(s) related to travel and/or the level of Service provided and/or to any other event related to public transportation services.
  • The availability of the App and the functionality of the Service depend on many factors, which are not under the control of the App operator and/or the Service’s Client, including software, hardware, communication networks, or other third parties (including those providing cloud storage and mobile services). The App operator or the Service’s Client and/or those on their behalf will not be liable for damages caused by a disruption or malfunction, which are beyond their control, as long as a reasonable effort is made to prevent them.
  • The App operator and/or the Service’s Client will be entitled, at any time, to block your access to the App and/or to perform operations in it, and to receive the Service, in whole or in part, temporarily or permanently, at their sole discretion, including in all following cases: A fear of a breach of the Terms of Use, fear of real or possible misuse, or unauthorized use; payment was not made on time or in full; a fear that any other provision of this user agreement and/or provision that will appear on the App’s screens and/or any other legal provision may or stands to be violated, or from considerations relating to information security and risk management, and all in addition to any other remedy afforded the App operator and/or the Service’s Client by any law. The App operator will notify the User immediately after the blocking, through the App or an email.
  • The App operator reserves the right to take any other measure as it sees fit at its sole discretion to ensure the App’s safety.
  • The App operator retains the right to request additional details to confirm the method of payment.
  • The User acknowledges and agrees that the App operator will bear no liability to him or a third party for blocking access to the App due to the User’s non-compliance with his obligations under this Agreement, including in connection with the payment of fares. The Operator will be entitled, at any time, to temporarily cease provision of the services, in whole or in part, for maintenance purposes.
  • The termination of access will not change and/or cancel any debt created due to the use of the App and/or the Service.
  • The Service’s Client will be entitled to order the App operator to cease utilization of the App by a user, who during the year of use (from the date of registration to the App) has denied two or more transactions, in full or in part, after reviewing the full documentation of the travel details and execution of validation as maintained and possessed by the Operator.
  • Information received from third parties – certain information and data that appear in the App as part of the Service are received from third parties. This information is conveyed as is, without any obligation on the part of the App operator and/or the Service’s Client and/or those on their behalf, or any liability of any kind whatsoever, whether expressed or implied.
  • The App operator and the Service’s Client do not undertake that the information and data appearing in the App and that was received from any third parties will be accurate or free of errors, or both, and they are not liable for the accuracy or reliability of the information and data and bear no liability for any inaccuracies in the information as stated.
  • The User is obliged to inform the App operator, as soon as it becomes known, in all the following cases: Unauthorized use of the remote account, loss/theft of the mobile phone, and loss/theft of the User’s credit card. The User will send the notification as stated to the App operator’s Customer Service Center.
  • The User will be responsible for any use made of his account, including any unauthorized, except for the credit card’s misuse, subject to the law’s provisions.
  • To create a remote account and use the Service, you must be eighteen (18) years old and older. If the User is younger than 18 years old, the App’s use is subject to receiving custodian/guardian approval of the Terms of Use and the Privacy Policy detailed within. If the minor is age 14 and older, consent from the minor is also required. If no expressed custodian/guardian approval as stated is received, this Agreement is null and void, and you may not use the App, including the incorporated services.

In the event it is brought to the App operator or the Service’s Client’s attention, a person under the age of 18 uses the services, in contradiction to the terms mentioned above. In that case, the App operator will be entitled to take any action that it will deem appropriate and as per its sole discretion, including blocking the User from receiving any of the services and closing his account.

  • The App operator is entitled to modify the Terms of Use at any time, as per its sole discretion, and subject to publishing the essential changes on the App’s pages. Your continued use of the App and the Service following the Terms of Use changes as stated attests to your consent and acceptance of the changes.

10. Prohibited Uses of the App

The User may not (whether by himself or by anyone on his behalf): (a) use the Service for any illegal, immoral, and/or unauthorized purpose and engage in any misuse and/or unreasonable use in relation to the purposes for which the Service is intended; (b) use the Service for commercial or non-private purposes, without the expressed, advanced and written consent of the App operator and the Service’s Client; (c) disrupt or disturb the operation of the App or its storage servers and networks; (d) circumvent and/or sabotage any of the means used by the App operator to protect users’ privacy; (e) create a browser environment or framework or create a deep linking to any part of the Service without the expressed, prior written consent of the App operator; (f) create a database by systematically downloading and storing all or part of the content, including through automated tools and technologies for scanning information, data mining and/or retrieval or collecting information from the application (“crawlers”, “automated data mining tools”, and the like); (g) transmit or make accessible in any other way, in connection with the application, any virus, “worm”, Trojan horse, bug, spyware, malware, or any computer code, file, application or other software which may or intend to harm the activity of the App; (h) violate any of these Terms of Use.

11. Notifications and Updates, Surveys and Feedback and the Route Planner Function

 

  • In downloading the App and in its use under these Terms of Use, the User thus consents that the Service’s Client and/or App operator are authorized to refer/appeal to him with and/or as part of notifications, updates, surveys, feedback and any other information concerning the Service as detailed in Section 2 above, and use the information to improve and streamline the Service as stated, to improve the public transportation system in the State of Israel. A referral/appeal may be done through a referral in the App, an email, an SMS/MMS, and any other means, including those conveyed by the User upon registration. It will be clarified that the User is under no obligation to respond to the feedback and surveys sent, and such a response does not constitute a condition for using the App or receiving the Service. The use made of a user’s response to surveys and feedback will be the use of anonymous information for processing, analyzing and examining the information, for research and analysis to improve the Service and streamlining the public transportation system in the State of Israel.

 

  • As part of the services offered in the App, the User may choose to activate the “route planner” function to plan the travel route (“Route Planner“). To the extent that the User will choose to use the route planner, the information he will be required to provide for the route planner’s use will be kept by the App operator and/or Service’s Client and/or those on their behalf, including personal information, and may be used according to the stated in the Privacy Policy contained in Section 14 There is no legal obligation on the User to convey any personal information in the route planner, and the conveyance of such information is done willingly and for receiving the Service.

12. Changes in the Application, Cessation of the Service, and Support

  • The App operator and/or Service’s Client and/or those on their behalf are not under any obligation as per this Agreement to supply upgrades, changes, or new versions of the App. Nevertheless, the App operator and/or the Service’s Client may from time to time issue upgraded versions of the App and may upgrade the App’s version automatically. You consent to the upgrades as stated and agree that the Terms of Use will apply to them.
  • Validation and payment services are the central and primary missions of the App. The App operator will preserve the format of this Service. However, the App operator and/or the Service’s Client will be entitled to modify the App’s structure and shape from time to time without derogating the validation and payment services’ format. A user will not have any claim, suit, or demand against the App operator and/or the Service’s Client because of the execution of the said modifications, or malfunctions should occur because of their execution.
  • Without derogating from the mentioned above, App operator and/or Service’s Client are entitled to change or delete all or part of the App, except for deleting the parts of the App concerning the validation and payment services, as per his sole discretion, an cease at any time the supply of the services in the App, all or parts thereof. The App operator will publish a reasonable time in advance notification in the App concerning the cessation of services
  • The App operator makes every effort to preserve the App’s propriety. If you are aware of any error or malfunction in the App, kindly notify the App operator.

13. Cancellation/Termination by the User

You can stop using the account by closing the remote account by writing to the App operator’s Customer Service Center. If such notice is given, the contract will end within three (3) business days. The termination of the said contract does not detract from and/or cancel the User’s liabilities and/ or payments that he undertook, which were created before the contract’s termination, and these will be charged on the User’s regular payment day. The User undertakes not to cancel these payments with the credit card company.

It is clarified that if the User is a customer of the App operator in connection with supplemental services offered within the App and are beyond the Service as defined in this Agreement, closing the remote account does not constitute the termination of the User’s contract in connection with these supplemental services. Cancellation of the User’s contract in connection with supplemental services that were confirmed as stated is as detailed in the Terms of Use and the Privacy Policy of the supplemental services.

Please note that cancellation of registration will block entry to the remote account and obstruct any possibility of using the services. If you wish to use the services again in the future, you will need to re-register for the Service.

Please note, deletion of the App does not bring the remote account to a close. If you have once deleted the App and then reinstalled it, we will identify you and present you with the active remote account.

A remote account cannot be transferred between various App operators.

14. The Privacy Policy

The Objective of the Privacy Policy

  • The App operator and the Service’s Client respect your privacy and are obligated to defend any personal information that you may share. The objective of the Privacy Policy is, among other things, to explain the policy and the procedures concerning the users’ privacy, and in respect to the gathering and use of the various types of information received from you while using the Service and the route planning function, including the objectives of the actions relating to gathering and using the information, and conveying the information to third parties.

Types of Information

  • The Privacy Policy will relate to two types of information, differentiated from one another. “Personal Information” is a compendium of the data that by itself, or when put adjacent to one another, serves to identify a person and includes a first and last name, an ID number, payment details, email address, date of birth, and any other personal detail that is conveyed and/or received by the App operator during the use of the Service. In contrast to personal information, “Statistical Information” contains various data that does not identify, nor can it facilitate your exposure and disclose the data source.

 A General Description of the Information Gathering and Utilization Activities

  • All user information and all data provided and/or received by the App operator regarding the Service as defined in this Agreement, including personal information you provided including personal details, method of payment, usage history, and location data, and information about your use of the Service, through the App and/or referrals to the App’s customer service are kept in the App operator’s database, which holds information for the Service’s Client when it is clarified that Ayalon Highways Ltd. (Corporate ID No. 510536352 operating on behalf of and as per with the Service’s Client’s instructions) (“Ayalon Highways“) is registered as the owner of the database. Unidentified personal information concerning the type of user profile, usage history, and location data that you will create in the App will be transferred to the Service’s Client and stored in a separate database belonging to the Client. All information provided to the Service’s Client is not identified except in cases of an initiated complaint by the application’s User or when responding to feedback to clarify and investigate the incident to improve Service to the User.

 The Personal Information

  • From where is the personal information collected? – The personal information will be collected from the details you provided as part of the process of opening an account, validating a trip, auditing and/or any other process you performed or received automatically or the services listed in Section 11 above, which you chose to receive as part of your use of the App, through which calls are recorded, whether you have finished entering the information in the relevant fields, sent it or not.
  • What are the objectives of the collection and use of personal information? – The personal information is collected to provide the Service, i.e., validation and payment of public transportation fares through a mobile application. The information collected enables the users’ registration to the Service, validation by the users, accounting and charging for the trips, activation of a Customer Service Center, and responding to users connected to the Service, including clarifications, refunds, and denials.
  • Is there any legal obligation on the User to convey personal information? – The information that you will provide to the App operator, or the Client, or both, is conveyed at your choice, with your consent, of your own free and full will, and there is no legal obligation to convey the information. In the event you have decided to fill in the details and/or convey personal details. In that case, this will be considered as your consent to provide the details and their gathering as per the Terms of Use, this Privacy Policy, and the stated in the App. You will not have any cause for a claim and/or demand and/or suit against the App operator and/or the Service’s Client and/or those on their behalf in this respect.
  • What is the personal information collected and kept in the database? – The personal information collected and kept in the database can be divided into three phases:
  1. The registration to the Service – When joining the App and using the Service, it is necessary to provide your full name, identification number, telephone number, and method of payment details for charging balances due (these details are not kept in the database, rather with the terminal company), and your email address. Conveying personal information as stated by the User, is necessary for the use of the Service, and if you choose not to provide the requested details, we will not be able to supply you the Service. In conveying the personal information during the service registration phase, you consent to receive referrals and/or messages concerning the Service through the contact details that you provided in the App. The contact details are required solely for creating contact with you. You are entitled to convey the minimum details required, as per your convenience.
  1. Creating a beneficiary profile (in the case the User requests to exercise his/her eligibility for a designated discount in the fare rates) –Suppose you are eligible to receive a beneficiary profile. In that case, it is necessary to provide personal information that may include, among other things, photocopies of suitable certificates, documents, and certifications (including the medical variety) attesting to eligibility, as per the requested beneficiary profile. Providing this personal information is necessary to receive a beneficiary profile, and to the extent that you are eligible for a beneficiary profile, you will not be able to enjoy this right as part of the Service without conveying the requested personal information.
  1. Using the Service – During use of the Service and the route planner function in the App, the following personal information will be collected – The trip’s point of access, the hour of validation, the number of additional passengers (insofar as they exist), the User’s location (as per the GPS, while traveling on a means of public transportation without gates); a point of exit from the public transportation (while traveling on a means of transport with closed stations).
  •  Is the App operator entitled to request additional personal information as part of the Service? – The validation and payment database includes the minimum details required to provide the Service. The App operator will be entitled to request additional personal information from the User; however, providing this information is optional, of your own free and full choice, during the use of the Service and the App, and will not constitute a condition for receiving the Service. Additional information as stated in this section may include your age, place of residence, your additional contact details, your marital status, various details concerning your economic status and the services that you may have an interest in, your professional training, education, and additional information details that their conveyance depends solely on the User’s consent, and are not necessary for providing the Service.
  • What use will be made of the personal information? – The permitted uses of the personal information collected about the users of the Service are as follows:
    • Operate, manage, and supply the Service, including control to improve the Service (e.g., user ID, handling referrals, technical support service, and discovering fraud). The App operator will use personal information to answer user queries concerning the Service’s use and grant technical support services.
    • Financial accounting and auditing vis-a-vis public transportation operators
  • For how long will the personal information be kept? – The information and data concerning users will be kept in the App operator’s database for the minimum periods required to realize the objectives of the information’s use as described in this Agreement, to protect or uphold legal rights, as per legal requirements. Suppose the contract is terminated through a written request by the User to close the remote account. In that case, your personal information will be kept only for defending or upholding legal rights, as per the legal requirements.
  • Is the personal information transferred to third parties? – The App operator and/or the Client may transfer the personal information to service providers on their behalf, and subcontractors assisting in providing the services, e.g., Ayalon Highways (“a third party”), solely for these objectives and use: The operation, support, and provision of the Service – including the third party’s review of the personal information to enable responses to referrals and executing calculative activities as part of the provision of the Service (producing invoices for users, calculating the amount for payment, and charging the users.) Processing personal information for “data anonymization” (removal of identifying information) – The App operator may transfer personal information to a third party that will process the information for anonymization. After completing the data anonymization process, the third party will delete the personal information and not use it for any purpose. Without derogating from the above, the App operator and the Service’s Client may share with third parties personal information in the following cases: (a) to comply with the requirements of any law; (b) for legal proceedings, orders, including disclosure orders or requests from governmental, regulatory and/or any other competent authority; (c) to enforce this Privacy Policy or the Terms of Use, including as part of an investigation into possible violations of the Privacy Policy or Terms of Use; (d) to detect, prevent or otherwise deal with fraud, deception, misuse or security and safety issues, and technical problems; (e) as per your expressed consent before disclosure.

 Statistic Information (non-PII)

  • “Statistical Information” contains various data that does not identify, nor can it facilitate your exposure and disclose the data source.
  • The App operator and the Service’s Client are entitled to collect information about you that is non-personally identifiable information (non-PII), in connection with public transportation services, in a manner that does not identify you.
  • The information that you will provide and will accumulate during regular use will be used in an aggregate manner (without the possibility of linking the User’s details to the data) for research and planning needs of the Service’s Client, including examining demands, needs, and services concerning travel on public transportation, among other things to improve the Service and streamline the public transportation system in the State of Israel. In this context, the approval of this Agreement also constitutes individual approval for the use of such data.
  • The App operator and/or on its behalf is permitted to keep an unlimited quantity of statistical information.
  • Without derogating that which is stated above, the App operator and the Service’s Client, and additional entities engaged in data processing will be entitled to use the impersonal information for their statistical, analytical, and research needs to tailor, develop and improve the online services and those services given in its framework, and for improving public transport and the road network.
  • As part of the Service’s use, anonymously, statistically, and cumulatively collected information will be gathered passively (i.e., without any action on the User’s part in providing the information). Like many other applications, it is possible that non-PII will be collected automatically for analysis by the App operator and/or by those on its behalf to evaluate the manner by which visitors use the App and its management, improvement, and promotion of the Service. The non-PII may be disclosed to others and preserved indefinitely in the archives for future use. It will be clarified that anonymous and statistical information is not subject to privacy protection laws, and the App operator and/or the Service’s Client and/or those on their behalf that are assisting in executing the collection and resource objectives of the statistical information are entitled to collect, convey, and share information of this type without limitation.

15. internet browser

  • your internet browser and the application convey autonomously and automatically some of the same non-PII that may be collected, which is liable to contain the pages that you visited in the website, the URL addresses of websites that you visited, the type of browser you use, the date and hour that you entered a website, the IP address from where you entered, and materials that you downloaded from the website, etc. The non-personally identifiable information is collected utilizing various tools and technologies, including “cookies” and other technologies, for data analysis. If the User does not want to use cookies or other technologies, this can be avoided by changing the User’s mobile phone or computer. Neutralizing Cookies or other technologies is liable to cause the User to be unable to use some of the services and properties in the App. Moreover, a user can at any time delete the Cookies on his phone or computer.

General

  • Without derogating from the generality of all the mentioned above, the App operator will keep confidential all the information in its possession concerning the User, unless obligated by law to convey this information and/or in those cases in which transferring the details to a third party is obligatory for the activity of the App operator and/or provision of services to the User and/or charging the User for the said Service.
  • The App operator will not infringe on the User’s privacy and comply in this matter the provisions of the Privacy Protection Law, 5741-1981, and the provisions of any other pertinent law.

 

16. The Privacy Policy for Supplemental Services

  • The privacy policy detailed above concerns solely activity concerning the Service. The App is liable to contain as part thereof provision of supplemental services (see above and below – “Supplemental Services”), which are beyond the Service’s scope as defined in this Agreement, and all subject to that detailed in this section below.
  • If the User wishes to use the additional Service, it will be upon the User to confirm the Terms of Use of the supplemental services (as detailed in the Terms of Use of the Supplemental Services.)
  • The Service’s Client bears no liability of any kind in connection with the supplemental services and the additional information that will be conveyed with respect thereof, and this includes in connection with commercial content, such as advertisements and announcements that will be published and/or given as part of the App in connection with the supplemental services, and this includes that it is not a party to any transaction that may be concluded in connection with the supplemental services.
  • It will be clarified that the information and data appearing in the App in the matter of the supplemental services may also be received from third parties, and it will be conveyed to the User as is, without any obligation on the part of the Service’s Client, or his warranty of any kind whatsoever, either expressed or implied.
  • The App operator may provide supplemental services to the User, provided that the User’s positive consent has been given to the Terms of Use.
  • The App operator and/or the Client may send a direct mail to the User and use the information provided by the User in the App, including the location and history of the User’s uses, collected while using the Service for operating the App, improving public transportation in the State of Israel, and for updating the User concerning additional transportation products and services such as Mobility as a Service (MaaS) services that are tailored to it and may be of interest to him, provided that as stated in Section 16.2 above, the User has given his consent in the App and/or his approval of the Terms of Use of each service provider.
  • The User will be entitled to order revocation of the authorization given as stated, at any time, in a return notification as part of a written request to the App operator’s Customer Service Center. It is clarified that if the User is a customer of the App operator and/or of an entity that is part thereof in connection with supplemental or other services, the App operator and/or the entity that is part thereof will be allowed to use the information they possess about the User (not in connection with the Service defined in this Agreement) under the Terms of Use and the privacy policies relevant to the supplemental or other services approved by the User.
  • The App operator may change from time to time the provision of supplemental services, and the change as stated will not require any notification whatsoever. Changes of this type are liable to involve malfunctions or discomfort, and the User will not have any claim, suit, or demand, because of execution of the changes as stated, or malfunctions to the extent they occur, because of their execution.
  • It will be clarified that the Privacy Policy in this section relates to the supplemental services that may be offered as part of the App. If the App contains referrals or links to other applications or websites, the privacy practices that will apply will appear in the other applications or websites.

17. Information Security

  • The App operator and/or anyone on its behalf uses protection and information security to protect the information about the users. Notwithstanding the mentioned above, there is a risk of intrusion into the App and the databases and/or the data traffic between your computer or telephone and the App operator’s computers and servers, and vice versa.
  • You acknowledge that the App operator and/or the Service’s Client will bear no liability for any damage caused to you of any kind, directly or indirectly, if caused as a result of intrusion into the App and/or the databases and/or the data traffic, this to the extent that the App operator has taken reasonable and acceptable measures to prevent such intrusions.
  • Under no circumstances will the App operator and/or the Service’s Client and/or anyone acting on their behalf be liable for any damages (including, but not limited to, direct, indirect, consequential, including damages resulting from loss of profits, loss of data, loss of documents, file recovery, and/or disruption of the course of business, etc.), as a result of use, inability to use or the results of the use of the App and the Service, whatever the cause or reason of the damage, notwithstanding what is stated in any law or Agreement. You are eligible to review all personally identifiable information (PII) maintained in the database. Exercising the right will be done in coordination with the App operator. If you have reviewed the PII and found that it is incorrect, incomplete, unclear, or out of date, you may contact the App operator to correct the information.

18. Intellectual Property Rights

  • The App operator grants to the User and the User accepts, a limited, personal, non-exclusive, without the right to assignment, non-commercial license, upon which a sublicense may not be granted, and that may be canceled fully, to use the App on a communications device, all as per the terms and provisions included in these Terms of Use, and for receipt of Service. The App operator retains all the application rights that will not be granted expressly as part of this license.
  • All copyrights and intellectual property in the App, in its offered services, and any content contained within are that solely of the App operator and are the exclusive property of the App operator will remain exclusive property. All intellectual property rights (including inter alia, copyrights, trade secrets, trademarks, patents, etc.) that exist and/or are embodied in the App are the App operator’s sole property and will remain in its exclusive ownership as stated above. This Agreement does not assign you any rights to or in connection with the App, rather only a limited right of use as per its terms and conditions of these Terms of Use. All copyrights and intellectual property in the Service offered within. Any other content is exclusively that of the App operator and/or the Service’s Client, and/or those on their behalf. The granting of the right of use as stated above does not grant the User any copyright and/or intellectual property and/or any other right in the App, services and any content contained therein, including the design, source and binary codes, trademarks, concepts, confidential or trademark information, trademarks and registered trademarks, copyrights, databases, derivative works, formulas, reputations, ideas, designs, logos, market data, methods, moral rights, graphic file, trade names, technical information, and any equivalent or derivative right to any of the mentioned above. You may not copy, distribute, display in public, execute publicly, transmit to the public, modify, process, create derivative works, sell or rent any part of the above, whether by you or through or with a third party, in any way or means, without receiving advanced, written consent.
  • You agree not to (a) use, modify or integrate the App into any other software, or create derivative works from any part of the App; (b) sell, license or sublicense, lease, transfer, assign, mortgage, or share your rights under these Terms of Use to any other person; (c) copy, distribute or reproduce the App for the benefit of third parties; (d) modify, disassemble, perform operations of reverse compilation, reverse engineering, update or improve the App or attempt to discover its source code; (e) use the App for any illegal, immoral or unauthorized purpose. It is clarified that this license to use is limited and does not include any commercial use of the App services; and/or the collection and use of any information displayed on the App’s pages; and/or downloading or copying information for the benefit of other parties; and/or any other use of data mining, robots or similar tools used to collect and extract data.
  • To the extent that you send to the App operator and/or the Service’s clients comments, suggestions, improvements, or any material concerning the App, including but not limited to its development, design, promotion, you will not be entitled to any consideration or compensation because of the App operator’s use thereof, and you grant the App operator and irrevocable license to utilize any such offer.

19. Dangers Relating to the Web and the Mobile Network

The App operator and the Service’s Client invest tremendous efforts in protecting against the risks inherent in the Internet and mobile phones, insofar as they possess such protection. However, it is not within the ability and/or control of the App operator and the Service’s Client to completely prevent the intrusion and operation of malicious software and hostile factors such as viruses, worms, Trojan horses, bugs, spyware, malware, or any computer codes, files or other software that may infringe on your privacy, eavesdrop on network traffic, hack into the databases of the App operator and the Service’s Client, or their servers or computers, to mimic the application or impersonate the App operator and/or the Service’s Client, commit online scams and fraud, damage or sabotage the activity of the App, its content and/or the services.

Certain links that may appear in the App allow the User to access websites, widgets, or other non-operator services (including links to supplemental services, as outlined in Section 16 above). These linked websites, apps, and services are not under the control of the Operator, and their link is provided solely for the User’s convenience; inclusion of these links does not constitute an endorsement of the material contained therein or a recommendation to accept the services offered therein, and they do not indicate any connection with the operators of the said websites, apps, or services. The Operator and/or the Client is not responsible for their availability, does not approve, and does not bear responsibility for them, including but not limited to any advertisements, benefits, products, or other information that appears in them or is available through them or any link contained therein.

 

20. Special Terms Concerning Third Party Components

The App may use or include software, files, and/or components subject to licensing terms, including third party open source licenses (“Third Party Components”). You may use third party components as part of or connected with the App subject solely to your compliance with the license terms applicable and/or ancillary to the relevant third party components. In the case of a conflict between the license terms of a third party component and these terms, the relevant third party component’s license terms will prevail with respect solely to these third party components. These terms do not apply to all third-party components that accompany and/or are included in the application, and the App operator and the Service’s Client disclaim any related liability thereto. The User acknowledges that the App operator and the Service’s Client are not the creator, owner, or licensee of third party components; the App operator and Service’s Client make no representation or commitment of any kind, expressed or implied, concerning quality, capabilities, operation, execution or compatibility of any particular third party component.

 

21. Assignment of Rights

The Service’s Client may assign and/or transfer the rights and/or obligations according to the Terms of Use to any other entity instead of the Operator, without the need to obtain the User’s consent or notify him. The User is prohibited from transferring his rights and/or obligations in the App and/or under the Terms of Use without the Operator and/or the Service’s Client’s consent, and any assignment and/or transfer will be null and void.

22. Indemnity

You undertake to indemnify the App operator and the Service’s Client and those on their behalf for any damage, loss, loss of profit, loss of reputation, payment, or expense caused to them – including attorney’s fees and legal expenses – due to any breach or violation of these Terms of Use, upon first demand by the App operator and/or the Service’s Client.

23. Law and Judicial Jurisdiction

These Terms of Use and their interpretation will be governed solely by the laws of the State of Israel. The competent courts in the Tel Aviv District will have unique jurisdiction in any dispute or conflict between the parties as a result of these Terms of Use.

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