Welcome to the Metrofun bicycle rental service – cooperative transportation Ltd. (hereinafter “the company” or “we”) in cooperation with local authorities and the municipal economic companies.
The provisions of these Terms of Use (the “Terms of Use” or the “Terms of Use”) shall apply to any user / purchaser of a subscription (for any period of time) to the Services, as well as to any user of the Services, whether he purchased a subscription himself or a user by virtue of a subscription purchased for him, whether he is a casual user or a returning user (“the User” or “You”), and they regulate the use of the Service, which can be rented in the following application and website:
www.metrofun.co.il (will be referred to as “the Website”).
The use of the bicycles and the Services in general will be in accordance with and subject to the provisions of these Terms of Use. Therefore, You are requested to read carefully the instructions below which constitute part of the master agreement that has been executed between the Company and You when You register for the Services and create the user account. If you disagree with the Terms of Use, it is prohibited to use the Services.
Please note:
These terms and conditions include releases, waiver clauses for disputes, risk acceptance, and other clauses which may limit the rights and legal remedies to which you are entitled. You are hereby required to thoroughly review the clauses of these terms and regulations.
The rental and use of the bicycles are subject to these rules and regulations, including compliance with all of the relevant terms and conditions (to include, without limitation, traffic laws, laws applicable to pedestrians, regulations and legislation of the local authority, and so forth) and the rules as laid out in these terms and conditions (to include, but not only, everything connected with parking and locking of the bicycles). Without detracting from the above, you are required to wear a helmet when using the Service.
It is forbidden to ride on the sidewalk or in other areas restricted to pedestrians only.
You must check the soundness and condition of the bicycle before using it. In addition, you must immediately report to the company concerning any bicycle that is defective or damaged via the application or the customer service center of the company.
Your attention is brought to the instructions with regard to the rental of electric bicycles . These instructions apply solely to electric bicycles and do not apply to regular bicycles.
Any use that is not within the provisions of these terms of use may result in additional charges and fines.
We reserve the right to modify or amend the Terms of Use from time to time, including on the matter of types of subscriptions, layout of stations, manner of use of the Service, etc. The current version of the Terms of Use will take effect at the time of its publication on the Websites and/or on the Application. Although We make an effort to provide notice of any major amendment that has been made, we recommend that You review from time to time the Terms of Use published on the Websites which constitute the agreement between You and the Company.
Wherever the Terms of Use make use of masculine gender, this also refers to the feminine.
1. Definitions
In these Terms of Use, in addition to any term that has been defined in the body of the Terms of Use, the following terms will have the meaning specified next to them:
“Bicycle” – the regular bicycle and/or electric bicycle, as the case may be, which the Company makes available to Users of the Services
“Electric Bicycle” – a bicycle that is equipped with an auxiliary engine, which includes, inter alia, the bicycle frame, locking system, handlebars, brakes, chain, front and rear axles, wheels and tires, bell, lights, seat, electric locking and activation unit and a global navigation system
“Regular Bicycle” – regular pedal bicycles are not equipped with an auxiliary engine; regular bicycles have gears, an adjustable seat and are equipped with smart LED bike lights, reflectors, mud guards and a rear rack.
The “Application” – a software application which has been developed by the Company and which runs on the Android and iOS operating systems, allowing for registration, login by photographing an identifying credential, means of entering payment, rental of a Bicycle from the Docking Stations and return of the rented Bicycle to the Docking Stations
“Terminal Device” – a device that is used by the User for renting a Bicycle through the Application
“Subscription” – a subscription for the Service, whether in a single instance, or on a three-month or annual basis
“Docking Station” – a specialized station of the Company located in the Tel Aviv municipal areas containing, inter alia, a Metrofun bicycle rental terminal (as applicable), a bicycle docking device and terminal which is connected to the Company’s command and control system. Rented Bicycles may be taken from and may be returned to the Docking Stations in accordance with the provisions of these terms of use.
“The City of Herzliya” – the municipal area of the city of Herzliya which includes the area located within the boundaries of Apollonia National Park (to the north), and within the boundaries of Yunitsman/Ariel Sharon Street (to the south), within the boundaries of Portsei HaDerech Street (to the east), and the seashore (to the west).
“The City of Tel Aviv” – the municipal area of the city of Tel Aviv which includes the area located in the areas of Yunitsman Street (to the north), the area of Simcha Holtzberg Street (to the south), Ramat HaChayal (to the northeast), the Yedidya neighborhood (to the southeast) and the seashore (to the west).
2. The Service
Subject to the provisions of the Terms of Use, as updated from time to time, You are permitted to purchase a one-time, three-month or annual subscription in order to rent and use a Bicycle, on a pay-per-journey basis, which is subject to Bicycle availability. To clarify; it is stated that the Company is not committed to a particular degree of availability of regular pedal Bicycles and/or Electric Bicycles at a particular time, at a particular station in general, or to a particular layout of Docking Stations, and use will be based on the availability at the station at the time of the Bicycle rental.
The Bicycle rental procedure is set forth on the Website, as detailed in the preamble of these terms of use, in the Application and at the Metrofun Docking Stations . The types and location of the Bicycles that are available near your location will be marked on a map displayed on the Application and on the Website. All Bicycles are and will remain at all times exclusively owned by the Company. Any purchaser of a subscription who allows another user to use the Service does so under his full responsibility and undertakes to ensure that the other user is also fit to use the Service in accordance with the provisions of the Terms of Use and the provisions of the law, and is familiar with and consents to the provisions of the Terms of Use before making any use of the Service. Giving such authorization to another user does not diminish from the responsibility of the subscription purchaser according to these Terms of Use.
3. Opening an account and registering for the Service
After registering and purchasing a subscription through the Website or the Application (including a one-time rental), and before using the Services, you must download the Application to your mobile Device and log into the user account in order to rent a Bicycle.
At the time of registration, You will have to provide identifying information, such as a cell phone number or email address. If You wish to use an Electric Bicycle, You will have to provide a scan or photograph of your identity card, passport and/or driver’s license, etc.
Scanning of an identifying credential is a condition for registration and use of the Electric Bicycle service. Without derogating from the sole responsibility of the User to use the system and Bicycles in accordance with these Terms of Use and all statutory requirements; should the Company become aware that You do not fulfill the requirements set forth above and below, the use of Electric Bicycles will not be permitted.
The Company is allowed, at its sole discretion, to demand from time to time that You send your identification documents, and to cancel your registration for the Service if they prove unsatisfactory. You must provide correct, exact and complete information during the registration for the Service, and update the Company immediately in case of any change in your personal information, including information required for payment for the Services.
The user account is for your personal use only. You are not permitted to create more than one user account. You are not permitted to transfer your user account to any third party and/or allow a third party to use your account.
Without derogating from any provision to the contrary in these Terms of Use, the Company will assume no responsibility for any damage or loss that You may sustain as a result of a third party’s use of your user account (unless such use was made as a result of negligence or a malicious act by the Company). You must immediately inform the Company of any case of theft, unauthorized use or any other information security breach in your user account immediately upon learning of such a case. Information will be gathered and kept subject to these Terms of Use and our privacy policy, which may be found through the link in the Application and on the Website, subject to the law.
4.Who is allowed to use the Services?
Use of a Regular Bicycle
Any person above the age of 16 who has sufficient knowledge, experience and ability to ride a Regular Bicycle, and who is physically competent and capable of making regular, reasonable and safe use of a Regular Bicycle, and who has no medical or other restriction that may prevent the use of a Regular Bicycle, is allowed to use the Regular Bicycle.
Use of an Electric Bicycle
Any person above the age of 16 who fulfills one of the following conditions is allowed to use an Electric Bicycle, subject to the provisions of any law: (1) has been issued a driver’s license (not including a grade 1 driver’s license); (2) has successfully passed a written driving theory test [“theory”] of the Ministry of Transportation); and/or (3) has received certification from the Ministry of Transportation that he/she has passed theoretical training in the use of an Electric Bicycle, has experience and physical competency as required by law, and is familiar with the traffic and road transportation laws, is allowed to use an Electric Bicycle, subject to the provisions of any law.
Without derogating from any provision to the contrary on the subject of the User’s responsibility and exemption from responsibility on the part of the Company and/or the Municipalities and/or the Authorities and any agent thereof, it is clarified that if You provide false information about your age, competency, health condition and any other information, You will bear full, exclusive responsibility for any harm, injury, disability, loss or damage that You and any other party will sustain as a result, and You will be liable for the penalties prescribed in the law for providing false information.
When riding the Bicycle, every User must wear a helmet in accordance with the provisions of the law. The Helmet must be of a standards authority approved model and fulfill all relevant standards and statutory requirements.
For the avoidance of doubt, it is clarified that some of the electric bicycles have an attached helmet that is provided by the Company. Furthermore, it is clarified that the use of the helmet or other protective equipment that is provided by the Company does not eliminate the risk of physical injury in case of accident, and the risk is assumed by the User only. In a case in which the User chose to use the helmet provided by the Company, the User is responsible for checking that the helmet is in good condition and fit for purpose, and that the straps are compatible and fit for purpose. For the avoidance of doubt, it is clarified that the Company does not undertake to supply helmets for the electric bicycles, and the responsibility for wearing a helmet in accordance with the provisions of the law lies solely with the User.
The User must obey all traffic laws and regulations and provisions of law when riding a Bicycle and is to ride the Bicycle in a careful and correct manner. The Company is allowed to provide information and/or identify the User before relevant authorities and/or law enforcement agencies if the User has committed an offense or violation of provisions of road transportation laws or applicable statutes, or in the case of it assuming any statutory duty to do so.
All costs and all fines imposed on the Company as a result of offenses or fines for which You are responsible will be transferred and forwarded to the User.
5.Payment and charge rates
All types of subscriptions (not including registration for one-time rental) may be purchased on the Application and on the Website; actual Bicycle rental will be executed through the Application only.
Without derogating from the provisions of the Terms of Use, the Service involves the following payments by subscription holders, as listed on the website and application.
subscription fee or Bicycle unlocking fee for a one-time rental
usage fee (charge per minute ot partial minute) determined from the time for which the User uses a Bicycle, from its unlocking from the Docking Station to its return and re-locking to a Docking Station.
In case of a late return of a bicycle, a fine will be charged as a penalty for the late return.
Reduced Rates for DigiTel Cardholders Who Are Residents of Tel Aviv
Only residents of Tel Aviv-Jaffa who are DigiTel cardholders may be eligible from time to time to a variety of subscription rates as published on the internet site and application.
It is the responsibility of the DigiTel cardholder to register on the DigiTel database, and the reduced rates, as they may be, will be provided subject to the current information of the Tel Aviv Municipality database as provided to the Company. The Tel Aviv Economic Development Authority and/or the Company are not under any circumstance responsible for the DigiTel database, what is registered there, the currentness of the data, etc. Any claim by the User in connection with this, and anything that arises from this, should be directed exclusively and solely to the Tel Aviv Municipality.
6. Fines
Return of a Bicycle 24 hours after the time of unlocking (rental start time), in addition to charges for renting the Bicycle for 24 hours; upon imposing this fine, the regular charges for Bicycle use time will be halted.
1,000₪ (NIS)
Return of a Bicycle to a station 48 hours after the time of unlocking (rental start time). This charge is in addition to the charges specified in the previous section.
1,500₪ (NIS)
These charge rates will apply to all Users of the Service. The charge rates may be updated from time to time, and the binding charge rates will be those published on the Websites. In the case of a discrepancy between the charge rates published in these Terms of Use and those published on the Websites, the charge rates published on the Websites will apply.
The rental time begins upon unlocking the Bicycle and ends when the Bicycle is returned and correctly locked at the docking station in accordance with the provisions of these Terms of Use. For the avoidance of doubt, any stop during cycling for any reason will be considered as part of the rental time.
The Company will be permitted to change the charge rates of the subscription fee, the usage fee, the level of the fines and other charges that will apply to the User from time to time, at its sole discretion. A notice of change in the charge rates will be published by the Company on the Website and on the Application.
7. Payments and charges
The charge for use of the Bicycle/Services will be made after the rental is finished and the Bicycle returned to the Docking Station is in accordance with the provisions of these terms. Upon creating a user account and within its credit limit, You will be able to transfer money into the virtual wallet in your login area (the “Credit Account”) in order to make the payments for using the Services. The payment is by credit card only and is contingent on its approval (the “Selected Means of Payment”). The Service may not be paid for using a gift card, cash card or debit card.
You can change the Selected Payment means at any time through the user account. You must use a Selected Payment Means that belongs to You only and/or a payment means that You are permitted to use by law. You must ensure that the information of the Selected Payment Means is current, correct and valid, and inform the Company of any change in the information of the Selected Means of Payment that has been provided.
The Company is permitted to utilize third parties for completing transactions that involve payment, such as payments, credit and clearing service providers. In such a case, the use of the Services will also be subject to the Terms of Use of those third parties and the contractual covenants between the User and those third parties.
All charges and payments will be collected through the Selected Means of Payment as entered by You in your account, and following receipt of the payment You will receive a receipt by email. If it is found that the Selected Payment Means of your account has expired, is invalid or cannot be debited, the Company may use a secondary payment means in your account if it is available and/or take action to collect it using any lawful means available to it. Charges and payments that have been made by You are final and nonrefundable, unless otherwise determined by the Company. It is clarified that Users who are in debt will not be permitted to use the Service.
If, and to the extent that, there is a positive balance in the User’s Credit Account, the Company will use this balance for payments that are due, and the Selected Payment Means will be used for any payment or additional payment balance.
The User’s Credit Account balance has no expiration date throughout the term of the agreement. In the case of conclusion of the agreement, all of the balance that is in your Credit Account will be transferred, upon your request, by bank check to your order.
Subject to the provisions of these Terms of Use, the Company will debit the amounts that You owe for the Services automatically through the Selected Payment Means. Any objection to the payment is to be submitted in writing within 14 days of the date of receiving an invoice.
8. Bicycle rental
The Bicycle rental time will begin from the time when the Bicycle rental action through the Application and unlocking the relevant Bicycle was initiated, and will end upon returning and correctly locking the Bicycle to the Docking Station.
Regular Bicycles
The use of regular bicycles (non-electric powered) is permitted solely within Metrofun’s any docking station at Tel Aviv and Herzliya.
For instance, regular Metrofun bicycles are available for rental or return at any docking stations in the Tel Aviv area and in Herzliya municipal area.
Electric Bicycles
Electric bicycles may be used within the municipal boundaries of both Tel Aviv and Herzliya. That is, the rental or return of the electric bicycles is permitted at every docking station located in both of these aforementioned two cities, without restriction. The bicycles are intended for private use only. Any commercial use of the bicycles is strictly forbidden. Only the User is allowed to ride the bicycle. It is strictly prohibited to allow additional people to ride the bicycle, other than the User. An additional seat may not be fitted and any other changes to the bicycle that would facilitate another person to ride are not permitted.
Carrying of a load is permitted only in the intended place. It is forbidden to carry a load that may affect the User’s stability or cycling safety, and this should only be undertaken when using the front carrying device which is designed to carry lightweight items that do not endanger the User’s stability, safety or surroundings when cycling.
The use of the Services requires an Internet connection (cellular/Wi-Fi connection, etc.) with the mobile device that You use. You assume full responsibility for said connection and for payment to any third party for Internet access.
The quality and availability of the Services may be affected by parties that are not under the Company’s control, such as the Internet connection. Therefore, the Company does not guarantee that the Services or any part thereof will operate, or operate correctly, on any hardware or mobile device.
9. Bicycle use instructions
The use of Bicycles is subject to your unqualified acceptance of all of the risks involved in using Bicycles and your familiarity with and understanding of the provisions of law in Israel in relation to their use, operation and riding of Bicycles, including road transportation regulations and rules that refer to the use of Bicycles and riding on bicycle paths/lanes. A Bicycle is not to be used other than for riding purposes.
Without derogating from the other provisions of these Terms of Use and the law, a Bicycle may not be used in any of the following cases and/or circumstances: (1) if You are under the age of 16 years; (2) if the person who is intending to ride the Bicycle suffers from any physical or mental impairment that prevents that person from safely operating it; (3) when carrying any object that may impair the rider’s ability to operate the Bicycle safely; (4) when using a mobile phone or any mobile electrical device; (5) if the objects contained in the Bicycle’s basket impede the use of the Bicycle; (6) the rider is under the influence of alcohol, drugs or any other substances that impair or may impair his ability to operate or ride the Bicycle safely; (7) for violating the provisions of any applicable law, including but not limited to road transportation laws; (8) for any commercial purpose or use; (9) for towing, pulling, carrying or pushing any person or object using the Bicycle; (10) during extreme weather conditions such as dense fog, heavy rainfall, dust and sandstorms; (11) if there is a visible technical defect that may affect the Bicycle’s suitability to be ridden; (12) for riding on other than paved roads or designated lanes.
In accordance with the Road Transportation Ordinance, wearing a helmet while riding an Electric Bicycle is mandatory.
Without derogating from the provisions of these Terms of Use, the maximum permitted load weight on the Bicycle is 5 kg.
The User is responsible for following all provisions of the Road Transportation Ordinance in relation to the use of the Bicycle. Without derogating from the entirety of the foregoing,
riding a Bicycle is prohibited unless it is in a good condition and fit for use;
a Bicycle is to be ridden on the fixed seat connected to the Bicycle only;
You may not hold onto another moving vehicle and no person is to be towed using a Bicycle;
a distance is to be maintained from vehicles when cycling, and the User must cycle safely, with attention to pedestrians. Any use that endangers the User or third parties must be avoided;
only bicycle paths and paved roads designed for cycling in accordance with the provisions of the law may be ridden on;
the User must ride the Bicycle in accordance with the traffic laws, and inter alia in compliance with road signs and other signage.
Before renting and unlocking the Bicycle, the User is to inspect the serviceability of the Bicycle (brakes, lighting, handle bars, tires, chain, pedals, etc.), and to check that the equipment required on the Bicycle is present in accordance with the provisions of the law (including a bell and reflectors, bike lights during times of darkness, and equipment that is not supplied by the Company but which the user is required to have, such as a helmet), and is to refrain from using the Bicycle if it is either unfit for use or does not comply with statutory requirements. The User is to report to the Company’s service desk (the “Service Desk”) or via the Application of a Bicycle that is unserviceable or possesses any such flaw and/or deficiency. In addition, the User undertakes to adjust the Bicycle’s seat height to the rider’s physical size. No modification to the Bicycle other than adjusting the seat height for the rider is permitted.
If any fault is discovered in the Bicycle during use, for any reason, the User is to return the Bicycle to the nearest Docking Station and make sure that the Bicycle has been locked to the Docking Station as required. It is clarified that the foregoing does not detract from the User’s liability for making the payments stated in these Terms of Use.
In addition, the User is to report immediately to the Service Desk any fault in the Bicycle rental service, including in the Application, in the Docking Stations and/or in Bicycles and/or any other fault and/or accident in which he will be involved in relation to using a Bicycle and/or loss and/or theft of the Bicycle and/or any adverse event.
The User is to return and lock the Bicycle at a Docking Station and is to lock the Bicycle to the Docking Station as required. If the Bicycle is not returned to one of the Docking Stations after 24 hours and locked to the Docking Station as set forth as required, in addition to the payment of fines set forth above, the Company and/or the Municipalities and/or the Authorities, or an agent thereof, will be permitted to inform the competent authorities that the Bicycle has been lost or stolen, and/or seize the Bicycle in the event that it is has been located. In such a case, the Company and/or the the Municipalities and/or the Authorities will be allowed to deny the User any future use of the Service and bring the engagement with him to an early conclusion, for which the User waives any argument.
It is stressed that the rental may not be concluded outside of the Docking Stations. Notwit hstanding the foregoing, to the extent that the Docking Station to which the User is interested in returning the Bicycle is full or occupied, the User will be allowed to contact the Company via the Application to get permission and directions for docking by locking it by himself and concluding a rental without locking it to a Docking Station, as long as the Bicycle is locked in the area of the Docking Station in accordance with the Company’s directions in its answer to the request. The Company will be allowed, at its sole discretion, to permit/reject the end of the rental and independent locking as set forth. The User must ensure that the Bicycle has been inserted correctly and locked to the Docking Station.
At the conclusion of use, the User undertakes to return the Bicycle to the Docking Station in the state in which he received it, except for reasonable wear.
The User undertakes to lock the Bicycle when it is not in use and take every measure to protect its integrity and serviceability. For the avoidance of doubt and to be clear, it is hereby emphasized that the usage fee will also continue to be applied while the Bicycle is stationary or is not being used by the User, including to the extent that the Bicycle is locked independently by the User (should the Company permit such locking), and until the Bicycle is returned and locked as required to the Docking Station.
A lost Bicycle, including theft of the bicycle during rental, is the User’s sole responsibility. In the case of such loss/theft, the User will be charged a sum equal to the maximum fine total (2,500₪ [NIS]).
10. Responsibility
The use of the Bicycle and everything arising from it is under the User’s sole responsibility. The Services do not include insurance of any type, and the Company is not responsible for insuring the use of the Bicycle.
The Company and/or the Municipalities and/or the Authorities, and/or any agent thereof has and will have no liability for any damage of any type or kind which will be sustained by the User and/or any other person or their property, which arises from or is related, directly or indirectly, to Metrofun, to BZBIKE and/or the Bicycle and/or the use thereof.
The User will bear the full, exclusive and absolute responsibility should the bicycle be stolen, or for damage of any type or kind, and undertakes accordingly to indemnify the Municipalities and/or the Authorities, and the Company and/or any agent thereof, for any such damage, including but not limited to the repair of the bicycle, the purchase and installation of parts, or to purchase a new bicycle in case of destruction or irreparable damage to, or loss of, the bicycle. Without derogating from the foregoing, it is the User’s responsibility to inform the Company and the Israeli Police in the event of an accident, including in the case of damage to third parties and/or their property and/or in a case where the bicycle was stolen.
The User bears full, exclusive and absolute responsibility for any damage of any kind or type that is caused to property and/or any person, including to the User him/herself, relating to or arising from the use of the Service, including loss and/or theft of the bicycle; accident and/or injury and/or wound and/or disability and/or death; damages and/or expenses that are caused to any third party and/or the User him/herself. The User will indemnify the Company and the Municipalities and/or the Authorities or any agent thereof for any damage and/or expense that is caused to him/her in the aforementioned circumstances.
The User is exclusively responsible for the serviceability and intactness of the Bicycle and for returning it intact and serviceable at the scheduled time and relocking it as required to the Docking Stations. The User is solely and absolutely responsible for any traffic offense or other criminal offense, and for any tort or action that he commits, in relation to the use of the Bicycle.
The Service is being provided for use as is. The User will have no complaint, claim or demand towards the Company, the Municipalities and/or the Authorities, or any agent thereof owing to the properties, characteristics or limitations of the Service or its suitability for his needs and requirements.
Without derogating from the foregoing, it is clarified that any claim and/or demand and/or complaint in relation to the Service and/or the use thereof and/or for damage that may be sustained by the User owing to the Service and/or receiving any services in relation to the Bicycle and/or as a result thereof, in any manner, is to be addressed to the Company only; no complaint, claim or demand of any kind on the part of the User and/or any representative thereof is to be addressed to the Municipalities and/or the Authorities.
11. Risks and the Lack of Liability of the Company and the Municipalities or Authorities
Riding a bicycle is a dangerous activity that involves and includes risks such as physical injury, property damage, partial or total disability, and/or death. When riding a bicycle, there are unanticipated risks in relation to using the rental service and/or the Services and/or riding the bicycles, including risks arising from the negligence of third parties and damage that may be sustained by third parties due to use.
If the Company and/or the Municipalities and/or the Authorities are required to pay any damages, compensation and/or expenses arising from the causes set forth or any matter related to the use of the Service, including trial expenses and attorney fees, the User undertakes to indemnify all and/or some of them forthwith, to the full amounts that will be demanded by them, or any of them, and that amount will be considered as being a debt that is owed to the Municipalities and/or the Authorities and/or to the Company by the User.
Any claim and/or demand in relation to the foregoing, these Terms of Use or the use of the Service will be addressed to the Company only; no complaint, claim or demand of any type from the User and/or any representative thereof will be addressed to the Municipalities and/or the Authorities.
12. Proprietary rights
The User will have no proprietary rights to the Bicycle and/or the Websites and/or the Application and/or the Services. The services, website, application, bicycles and Docking Stations, and all equipment attendant thereto, are the property of the lawful owners (the Company and/or the Municipalities and/or the Authorities, accordingly).
The Company grants the User a limited, revocable, nonexclusive, nontransferable license to receive access to and use the Services or the content there of. All of the content appearing or shown in the Services, including but not limited to text, artwork, photographs, pictures, sounds and illustrations is owned by the Company, its licensees and/or its suppliers. The User is not allowed to modify, process, copy, duplicate, reverse engineer, license, create derivative work from, transfer or sell any information that is included in the Services.
13. Privacy and secrecy of the information
The use of the Bicycle rental service is subject to consent of the use of personal information, including information that the User provides or makes available to the Company and/or the Municipalities and/or the Authorities, information that the Company and/or the Municipalities and/or the Authorities may gather or receive in relation to the use of the Bicycle rental service by the User in accordance with the privacy policy that is available on the Website and subject to the law (the “Privacy Policy”). The Privacy Policy constitutes an integral part of these Terms of Use.
14. Commercial contents
The Company (including by the demand of the Municipalities and/or the Authorities) is allowed, at its discretion, to present at the Docking Station or on the Bicycle itself, on the Website or in the Application and any other part of the Service, commercial and/or other contents, including advertisements and notices. The Company will not bear any liability for contents that will be published as set forth, and it does not check or verify, and is not responsible for, the content or veracity of these publications.
Such a publication is not to be considered as a recommendation, encouragement or opinion of the Company and/or the Municipalities and/or the Authorities (or by any of them) in relation to the products and contents and does not constitute encouragement to purchase the same.
15. Cancellation of Transaction
The cancellation of a transaction for purchasing an annual or three-month subscription (“Transaction”) will be carried out in accordance with the provisions of the Consumer Protection Law, 5741-1981 (the “Law”) and the Consumer Protection Regulations (Cancellation of Transaction), 5771-2010 (the “Regulations”). Without derogating from the foregoing, the Transaction will be cancelled in accordance with the following provisions:
The “Transaction Date” – the date on which the Company provided the consumer a document containing the details of the order of a Transaction that has been engaged in (after, or on the date that the transaction was entered into).
Cancellation of a Transaction within the first 14 days from the Transaction Date – cancellation of the Transaction will be effective from the date of communicating the cancellation notice to the Company, and all of the following will apply: (A) the Transaction will be cancelled and the Company will stop providing the Service; (B) within 14 days of receiving the cancellation notice, the proportion of the Transaction price paid by the consumer will be refunded thereto (the consumer will pay for the proportion of the Service that has been provided to him for the Transaction, until the date of notice of cancellation of the Transaction); (C) the future debit (if any) of the consumer will be cancelled, and all within the terms of the Consumer Protection Law and the law.
16. Changes in the Bicycle rental array and/or the Terms of Use
The Company and/or the Municipalities and/or the Authorities reserve the exclusive right to make changes in the Service and to the Bicycle array at any time, at its sole discretion, including relocating or modifying Docking Stations, changes in the manner of use, changes relative to the Services being offered, their extent and availability, updates and upgrades to the system and all subsystems thereof, modifications to the terminal and/or the Website and/or the Application, changes and updates in these Terms of Use and/or in the Privacy Policy and/or in the charge rates, including but not limited to the subscription fees and one-time usage fees and/or the use times of Bicycles. The Company and/or the Municipalities and/or the Authorities are allowed to decide and announce a temporary or permanent stop in the Service activity, in part or in full, without any need to provide any advance notice or receive the consent of users. For the avoidance of doubt and to be clear it is emphasized here that if the Company ceases to provide the Services for any reason, the Company and/or the Municipalities and/or the Authorities and/or an agent thereof are permitted,to take the place of the Company for all intents and purposes related to the array, and these Terms of Use and/or for some of these matters, without receiving the prior consent of the User, will be subject to and in accordance with a notice to be published on the Website and/or in the Application.
The User has the duty and responsibility to learn of modifications and/or amendments that will be made as set forth, to the extent made. The Company will be permitted to send users notices concerning such modifications through the various media, including by telephone, email and mail. By receiving and/or using the Services, even on a one-time basis, the user agrees and accepts to receive such messages, to the extent that they are sent, whether by the Company and/or the Municipalities or the Authorities or by third parties on their behalf, at their discretion, through any media, without limit, including but not limited to email, automatic voice messages, text messaging, fax, etc.
17. Jurisdiction
Any matter pertaining to the Service and/or the Bicycle that arises from and/or is related to these Terms of Use will be subject to Israeli law, without any discretion, and will be subject to the sole jurisdiction of the competent courts in Tel Aviv-Jaffa, and no other court will have jurisdiction on this matter.
18. General
The Company is allowed to bring the engagement with the User to an end at any time due to failure to fulfill provisions of the Terms of Use
Without derogating from the right of the Company and/or the Municipalities or the Authorities to send the users messages as described above, registration for the Service and accepting the option to confirm acceptance to receive advertisements at the time of registration constitutes express consent on the part of the user to receive advertising materials in relation to Metrofun in accordance with the Communications Law (Telecommunications and Broadcasting), 5768-2008, including by facsimile, automatic dialing system, electronic message or short messaging service. The customer will be allowed at any time to cancel the receipt of advertisements by contacting the Company at its email address appearing on the Contact page of the Metrofun website or by calling its Principal service at telephone *6070.
The consent of the Company and/or the Municipalities or the Authorities to deviate from these Terms of Use in a certain case will not constitute a precedent and will not apply to any other case.
If the Company and/or and/or the Municipalities or the Authorities have not exercised any rights conferred to them in accordance with these Terms of Use and/or by law in a specific case, this is not to be considered as a waiver of those rights in another case, and this conduct is not to be interpreted as any waiver of rights or duties under these Terms of Use and/or under any law.
No waiver, refrainment from action on time or extension given will be considered as the Company and/or and/or the Municipalities or the Authorities waiving any of their rights, and they will be permitted to exercise some or all of their rights whenever they see fit.
The number of Docking Stations and Bicycles that are included in the Service is limited, and some of them will not be working/available from time to time. In addition, the Docking Stations may not allow Bicycles to be returned due to full occupancy thereof, and/or the taking of Bicycles due to a lack of Bicycles. The User will have no complaint and/or demand and/or claim against the Company and/or the Municipalities or the Authorities owing to this.
Without derogating from the provisions of these Terms of Use or the liability of the User hereunder, the Company assumes responsibility for the regular maintenance and repair of the Bicycles. However, this does not constitute a commitment that all operational bicycles available to the service users will be available without any fault at any given time. The User will have no complaint and/or demand and/or claim against the Company and/or the Municipalities or the Authorities owing to any irregularity in the Service, in part or in full.
This document and its provisions exhaust, contain, embody and express all of the covenants between the User and the Company and/or the Municipalities or the Authorities in relation to the use of the Service.
The confirmation of these Terms of Use by the user means that the User has read, understood and consented to the provisions of the Terms of Use, and that he/she waives any argument and/or demand and/or claim towards the Municipalities or the Authorities and/or the Company in relation to the Service, and that in any case, any complaint and/or demand and/or claim will be addressed to the Company only.