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TERMS OF SERVICE

Pumba Parking – Terms of Service

Last updated: December 2023

Prior versions of these Terms of Service can be found at

https://pumbaparking.com/old-terms-of-service/

These Terms of Service, which we’ll refer to simply as the “Terms,” set out the rules by which you may use our Services. The Terms explain how our Services work and provide you with a list the “dos and don’ts” when using them. These Terms are more than just rules, though – they form a legally binding contract between us and you that you accept when clicking on the box marked “I agree”. Please read through this document carefully and make sure these Terms are acceptable to you. If you don’t agree to any of these Terms, do not click “I agree” and do not continue using the Services. If you have any questions, please don’t hesitate to contact us at info@pumbaparking.com.

Table of Contents

  1. The Basics

 

    • 1.1. Key Terms.

 

      • 1.1.1. We are Pumba Parking Ltd. and we’ll refer to ourselves as “Pumba,” “us,” “our,” or “we.” Our offices are located at 48 Yehuda Halevi St., Tel Aviv – Yafo, Israel, and our registration number is 516292729.
      • 1.1.2. When we use the term “you,” we mean anyone using our Services.
      • 1.1.3. When we refer to our “App,” we mean our mobile app through which you can optimize the on-street parking searching experience and receive additional parking services, including ‘VIP Services,’ as described below. The term “Sensors” refers to our sensors that can be installed on a street-facing window or balcony in order to monitor for available spaces.
      • 1.1.4.When we refer to our “Services,” we mean the services available through the App and through use of the Sensors.
    • 1.2. Privacy. When you use our Services, we collect Personal Data (as defined in the Privacy Notice) about you. Check out our Privacy Notice at https://pumbaparking.com/privacy-policy/ for details about the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
    • 1.3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you’re aware of the Terms that apply to you. If you are registered user, we will endeavor to notify you if we make any material changes before the updated Terms take effect. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.

 

Pumba Parking – Terms of Service

 

  1. Our Services.
    • 2.1. Subject to these Terms, Pumba allows you to use the Services on a non-exclusive basis for your own personal purposes. Through the Services you can access information about on-street parking spot availability, including live, offline and online map and routing information.
    • 2.2. Pumba offers different subscription plans and services to suit your needs, all as detailed more fully within the App. The details of each service, including the features offered and the pricing, are listed on the App. Through the basic (unpaid) plan, you will have access to information about one available parking spot at a time, whereas through our paid subscription plans (monthly or annually), you will be able to see a number of available spots at once. Pumba may modify or discontinue the Services at any time, however, we will notify you of any material changes that may affect you.
    • 2.3. There is no charge for provision and use of the Sensor. Use of the Sensor may be subject to a separate Sensor Installation Agreement signed between the parties.

 

  1. VIP Services.
    • 3.1. Through Pumba’s “VIP Service,” you can order a driver (“Driver“), who will come pick up your car and park it near your home. The Driver will return the keys to you and send you a photo or video clip of the parked car. In order to be eligible to receive the VIP Service, you will be required to have an eligible parking permit officially issued by Tel Aviv municipality to parking zone number “1”.
    • 3.2. By using the VIP Service, you represent that (i) you have an eligible parking permit as described above; (ii) you have valid compulsory insurance as required by Israeli law as well as third party insurance, both of which are applicable for any driver above the age of 24.
    • 3.3. By using the VIP Service, you acknowledge that a Pumba representative may contact you directly by phone or via WhatsApp, using the details in your account.
    • 3.4. Pumba’s Drivers will try to park the car quickly and close to the designated pick-up location, however Pumba provides no guarantees as to the speed of the VIP Service. As to the ultimate location in which the car is parked, Should Pumba’s drivers park the vehicle at a distance exceeding 400 meters from your specified address, you shall be entitled to partial compensation upon your request.  Given that it may take some time for the Driver to find an available parking spot and subject to applicable law, Pumba will not be responsible for any loss of gas, depreciation, amortization, or vehicle damage, that is caused during the course of provision of the VIP Service or thereafter, except where such damage is due to negligence of the Driver.
    • 3.5. Pumba also reserves the right to reject requests at any time for any reason.

Pumba Parking – Terms of Service

 

  1. User Accounts
    • 4.1. In order to use the Services, you will need to register an account provide certain information, including providing access to your location. You can also register by logging in through your Facebook, Gmail, or other third-party account. You may only do so if that the third-party account is yours and you have the right to use that account with our Services. You acknowledge that your geo-location information (GPS signals) must be provided by your device and will be accessible by the App in order to enable us to provide the Services.
    • 4.2. Subject to applicable law, Pumba may refuse to open an account or deny access to the Services for any individual at its sole discretion.
    • 4.3. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, Pumba will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.

 

Pumba Parking – Terms of Service

 

  1. Fees and Payment
    • 5.1. In exchange for using our Services, you agree to pay Pumba the fees specified in the App for the plan or Service for which you have registered. Once an order for Services has been placed and approved by Pumba, it will be considered final and may not be cancelled. Except as expressly provided in these Terms or as required under applicable law, fees, including prepaid fees, are non-refundable.
    • 5.2. If you are directed to a third-party payment processor, either through the App or through a link provided by Pumba, you may be subject to terms and conditions governing the use of that service. Please review the payment processor’s terms and conditions and privacy notice before using such services.
    • 5.3. In order to register for certain plans, you may be required to provide a valid credit card or similar payment method (“Payment Method“) and you authorize Pumba to charge such Payment Method with the relevant fees according to the terms of the plan and your usage of the Services. To dispute any charge on your account, you must contact Pumba within ten business days from the end of the month within which the disputed charge occurred, and provide all relevant information.
    • 5.4. Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.

Pumba Parking – Terms of Service

 

  1. Cancellation under Consumer Protection Law
    • 6.1. If you are an individual, you may cancel your subscription in accordance with and subject to the provisions of the Consumer Protection Law, 5741-1981 (“Consumer Protection Law“), as further described below. You may request the cancellation of your subscription by either talking to us in person, calling us at +972 54-978-6812, writing to us either by registered mail addressed to our 48 Yehuda Halevi St., Tel Aviv – Yafo, Israel or by email at info@pumbaparking.com. Requests for cancellations must include your name, account details, and contact information. We require your full cooperation with our customer staff in order to process your cancellation request properly.
    • 6.2. Subscriptions may be cancelled within 14 days of the date on which the subscription was activated or the date on which you received a notice containing details of your purchase, whichever is later. Following the processing of your request, we will provide you with a copy of a billing cancellation order. Subscriptions purchased by a person with a disability, a senior citizen, or a new immigrant (‘Oleh Hadash’), as defined in the Consumer Protection Law, which included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the date on which the subscription was activated or the date on which you received a notice containing details of your purchase, whichever is later. In order to cancel such a subscription, you may be required to present us with a document indicating that you are, as applicable, a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.
    • 6.3. If the subscription is cancelled due to any discrepancy between the applicable service and the information we provided to you prior to the subscription, due to non-provision of the applicable service on the date stated in the order confirmation, or due to any other breach of contract by us, we will, within 14 days of receipt of your cancellation request, refund the portion of the fee you have already paid, cancel your charge with respect to the subscription, and provide you with a copy of a billing cancellation order.
    • 6.4. If you cancel your subscription for any reason other than the foregoing, we will, within 14 days of receipt of your cancellation request, refund the portion of the subscription fee you have actually paid, cancel your charge with respect to the subscription, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the subscription fee or NIS 100, whichever is lower. Please note that if you have already used the Services prior to their cancellation you will be charged for your relative use of such Services.

 

  1. Use Restrictions
    • 7.1. You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services or App, including framing or mirroring the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or circumvent the navigational structure of the Services in any other way; (5) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; (6) impersonate any person or entity or provide false or misleading personal information; and (7) use the Services for any illegal, immoral, or unauthorized purpose or in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
    • 7.2. You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.

Pumba Parking – Terms of Service

 

  1. Representations
    • 8.1. Our Representations. We represent that Pumba is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Services faithfully, diligently, and in accordance with the standard practices in our industry.
    • 8.2. Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party; (c) all the information you submit, including registration information is and will remain truthful and accurate; and (d) you have a valid driver’s license. You also undertake that you will use the Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported.

 

  1. Intellectual Property. We retain all worldwide intellectual property rights, title, and interest in our App, our Services, including its overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, the Sensors, and our name, trademarks, and logos. In addition, we retain all right, title, and interest in any content provided through the Services, including maps, routes, images, photos, video clips, and reports (“Content“). In some cases we have gotten the right to use certain elements from others as part of our Services and in that case, those elements are owned by their respective owners. Even though we’re allowing you to use our Services, that doesn’t mean that we’re transferring ownership or any other rights to you or that we’re allowing you to use our name, any trademarks, logos, Content, or similar property as your own. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.

Pumba Parking – Terms of Service

 

  1. Indemnification

 

    • 10.1. You agree to indemnify, defend, and hold harmless Pumba and its directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation; and (d) infringement of any right of any third party.
    • 10.2. We agree to indemnify, defend, and hold you harmless from and against any claim, damage, or loss or loss, including reasonable court costs, attorneys’ fees, and any fines that you may incur in connection with any actual or threatened claim, demand, action or other proceeding by any third party arising from or relating to a claim that the Services, as delivered, infringe any patent or copyright or misappropriate any trade secret, provided however, that we shall have no responsibility or liability for any claim to the extent resulting from or arising out of (a) the use of the Services not in compliance with these Terms or applicable law; (b) the combination of the Services with any services that we did not provide; (c) the modification of the Services by any party other than us; or (d) the use of any version of the Services that is not the most up-to-date version.
    • 10.3 Either party claiming indemnification under this Section (“Indemnitee“) shall: (i) provide the other party (“Indemnifying Party“) with written notice of a claim promptly upon becoming aware thereof, (ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party’s expense, in the defense and settlement of the claim.

Pumba Parking – Terms of Service

  1. Disclaimers
    • 11.1. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE APP, SERVICES, SENSORS, OR ANY CONTENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES OR SENSORS WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER. THE SERVICES AND SENSORS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
    • 11.2. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the Internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services.
    • 11.3. In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
    • 11.4. Pumba disclaims all responsibility for parking reports that a user received using the application. The application warns about free parking and it is the sole responsibility of the user to check the parking sign placed in the parking place – whether he is allowed to park there. No refunds will be given on parking reports.
    • 11.5. Pumba does not distinguish between permits required for each parking strip and refers to a free parking as an available spot to every driver, whether the driver holds eligible parking permit officially issued by Tel Aviv municipality to parking zone number 1, or not
  1. Limitation of Liability
    • 12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PUMBA (AND ITS OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT PUMBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • 12.1. OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT OF THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE.

Pumba Parking – Terms of Service

 

  1. Term and Account Termination

 

    • 13.1. Term. These Terms will take effect when you accept them and shall continue in full force and effect until they are terminated in one of the ways described below.
    • 13.2. How to Terminate Your Account. You may request to terminate your account (and, by association, these Terms) at any time by sending an email to info@pumbaparking.com or via your account settings within the App. We will process your request promptly after receiving your notice. Note that no partial refunds will be provided for Services not used due to such termination.
    • 13.3. Termination by Pumba. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days’ prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) you violate the letter or spirit of these Terms; (ii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iii) you fail to pay any fees you are required to pay, including if you initiate a chargeback. If your account is terminated, you may not rejoin by opening a new account without our permission.
    • 13.4. Even if your account is terminated, you will still be bound by the sections of these Terms which, by their nature, are meant to survive termination.
  1. Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under this Agreement to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.

Pumba Parking – Terms of Service

 

  1. Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide to each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.

 

  1. Changes to the Terms. We may update these Terms from time to time and will place any updates on this page. In case of any material changes, we will seek to notify you via your account, either though the App or via email. The updated version will be considered effective seven (7) days after the updated version was placed on this page or after notice was sent.

 

  1. General. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in the State of Israel shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of the State of Israel shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.

Pumba Parking – Terms of Service

App illustrations by Storyset