- 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.
- 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.)
- A copy of this Agreement will be sent back to the email address you provide with the registration.
- 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.
- 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
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.
- 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 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.
- 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.
- 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 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.
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.
10. Prohibited Uses of the App
11. Notifications and Updates, Surveys and Feedback and the Route Planner Function
12. Changes in the Application, Cessation of the Service, and Support
- 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.
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.
Types of Information
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.
- 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:
- 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.
- 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.
- 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.
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.
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- 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.
- 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 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.
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
- 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
23. Law and Judicial Jurisdiction
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