TERMS OF SERVICE

Pumba Terms Of Use

09/08/2022

 

Last Updated:  August 9th, 2022

 

Pumba Parking Ltd. (“Pumba”, “we”, “our”, or the “Company”) welcomes you (the “User” or “Customer” or “you”) to our website www.pumbaparking.com and any additional websites owned and operated by Pumba (the “Site”) and to our downloadable mobile application (the “App”) and related public transportation information services (collectively referred to as the “Services”, as further detailed below).

 

By entering, connecting to, accessing or using the Service, you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Notice available at www.pumbaparking.com (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Pumba and you. These Terms of Service are a legally binding contract between you and Pumba regarding your use of the Service.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT, CONNECT, ACCESS, DOWNLOAD, OR USE THE SERVICE IN ANY MANNER.

By acceptance of the Terms, you represent that any and all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.

You further consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time.

 

IMPORTANT:

THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH PUMBA WILL PROVIDE YOU WITH ACCESS TO THE PUMBA MOBILE APPLICATION PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO REQUEST CERTAIN TRANSPORTATION SERVICES. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A CUSTOMER, USE THE APP AND REQUEST TRANSPORTATION SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR REQUEST TRANSPORTATION SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR REQUEST THE TRANSPORTATION SERVICES.

YOUR ATTENTION IS PARTICULARLY DRAWN TO CONDITION 14 WHICH LIMITS PUMBA’S LIABILITY TO YOU.

 

1. DEFINITIONS AND INTERPRETATION

i) In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:

“App” means the mobile application which provides a platform for receiving information about on-street parking spots and is owned by Pumba;

“Customer” means the individual making a request via Pumba’s mobile application platform for Transportation Services. A reference to “you” or “your” shall be construed as a reference to the Customer;

“Customer Account” means the Customer’s account with Pumba which contains the Customer’s personal information including their name, home address, email address, phone number and payment information;

“Data Protection Laws” means (until 25 May 2018) the Data Protection Act 1998 and (from 25 May 2018) the General Data Protection Regulation, together with all legislation made thereunder and any other laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time;

“Fees” means the fixed fare charges payable by the Customer in connection with the Transportation Services and the Technology Fee as further outlined in Condition 4;

 

Pay As You Want” means a monthly payment each customer can choose to pay, on a range of between 9.90NIS – 89.90NIS per month. The fee is fixed after being determined by the Customer, and can be changed from time to time.

 

“Auto-renewing Subscriptions” means a monthly basis fare charges payable determined by Customer. This auto-renewing subscription is valid until canceled by Customer according to Pumba cancellation policy.

“Pumba” means Pumba Parking (IL) Limited a company established under the laws of Israel with company registration number 516292729 whose registered office is at 48 Yehuda Halevi St., Tel Aviv, Israel and references to “us” or “we” shall be construed accordingly;

“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;

“Order” means a request for Transportation Services by the Customer via the App;

 

Payment Method” means the payment method a customer uses;

“Privacy Policy” means Pumba’s privacy policy available on the Pumba’s website or by clicking here;

“Personal Data” has the meaning set out in the Data Protection Laws;

“Services” means the platform for receiving information about relevant on-street parking spots, through the App, for performance of Transportation Services;

“Technology Fee” means the charge levied by Pumba for the provision of the Services, including for the convenience of accessing Transportation Services via the App but not for the provision of Transportation Services;

“Transportation Services” means transportation services to be provided to you by a Pumba.

  1. ii) In these Conditions (unless the context requires otherwise):

  2. a) the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular;

  3. b) reference to a party shall, upon any assignment or other transfer that is permitted by these Conditions, be construed to include those successors and permitted assigns or transferees;

  4. c) the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of these Conditions; and

  5. d) reference to any legislative provision shall be deemed to include any statutory instrument, by-law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re-enactment or amendment of the same.

iii) These Conditions shall apply to the Customer’s access and use of the Services and all Orders placed by the Customer through the App.

 

1.  Pumba Service

PLEASE NOTE: THE APP AND THE SITE MAKE USE OF DETAILED LOCATION AND ROUTE INFORMATION, INCLUDING IN THE FORM OF GPS SIGNALS AND OTHER INFORMATION SENT BY YOUR MOBILE DEVICE ON WHICH THE SERVICE IS ACTIVATED. CERTAIN FEATURES OF THE SERVICE CANNOT BE PROVIDED WITHOUT THIS TECHNOLOGY. THIS IS DESCRIBED IN FURTHER DETAIL IN THE PUMBA PRIVACY NOTICE www.pumbaparking.com

 

Pumba provides Users with a mobile application platform and web services enabling 

Users to optimize the on-street parking searching experience. This includes providing users with on-street parking spots availability information, including live, offline and online map and routing information. Pumba also integrates, provides and collaborates with third party providers to provide additional navigation options.  

 

PLEASE NOTE: PUMBA COLLABORATES WITH AND PROVIDES INFORMATION ON THIRD PARTY NAVIGATION SERVICES PROVIDERS VIA THE SERVICE. SUCH THIRD PARTY PROVIDERS ARE INDEPENDENT FROM THE SERVICE AND PUMBA IS IN NO WAY RESPONSIBLE FOR, LIABLE FOR, NOR MAKES ANY REPRESENTATIONS ON BEHALF OF, SUCH THIRD PARTY PROVIDERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT PUMBA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS WHATSOEVER CAUSED, OR ALLEGED TO BE CAUSED, BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY GOODS, SERVICES, CONTENT, PRODUCTS  OR  OTHER  MATERIALS  AVAILABLE  ON  OR  THROUGH ANY.

 

2.TRANSPORTATION SERVICES

2.1 In order to provide you with the information about on-street parking spots, you will be required to enter your Collection Location into the App. Where you enter your Home Address, we will provide you with an estimated time to find an available spot. If you wish to proceed with your request for Transportation Services, you should select the “Search for Parking” button and you will be notified about available spots around the relevant address at your customer account settings.

2.2 You acknowledge that your geo-location information must be provided by your device and will be accessible by the App in order to enable us to provide the Services.

3.3 From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). 

3. PAYMENT TERMS

 3.1 Payment Method & Payments

You may be required to provide Pumba with a valid credit card, debit card, or other payment account (“Payment Method”) in order to use certain Services. When you add a Payment Method to your Pumba account, you will be asked to provide customary billing information. You must provide accurate, current, and complete information when adding a Payment Method and it is your obligation to keep your Payment Method up-to-date at all times. 

You represent and warrant to Pumba that you are authorized to use any Payment Method you furnish to Pumba. You authorize Pumba to charge the Payment Method for all fees incurred by you with respect to the Fees, including applicable sales, use, VAT/GST and other local government charges. If you dispute any charge on your account, you must contact Pumba within 10 business days from the end of the month within which the disputed charge occurred, and provide to Pumba all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times of the ride associated with the disputed charge. You agree to immediately inform Pumba of all changes relating to the Payment Method.

3.2 Auto-Update

Pumba or its Platform Partner may require or make available an option for you to preload a balance associated with your account and automatically make payments on a monthly recurring basis (“Auto-renewing Subscription”). By enabling Auto-renewing Subscription, you provide the option to automatically reload your account balance each time your account reaches or falls below zero or another specified amount. Pumba or its affiliates or Platform Partners may, at any time, without any notice to you, discontinue Auto-renewing Subscription. 

To use Auto-renewing Subscription, you may be required to choose: (a) the balance amount at which you wish to automatically charge your account balance, and/or (b) fixed fees (such amount, “Auto-Update Amount”). 

We reserve the right to decide the Payment Methods eligible for Auto-renewing Subscription. You may change your Payment Method for Auto-renewing Subscription at any time, provided such Payment Method is eligible for Auto-Update. 

You may only use the Auto-renewing Subscription balance in the currency in which your Payment Method was charged. In case you make use of the Services that are charged in a currency different than the one in your Auto-renewing Subscription balance, Pumba may charge your Payment Method directly.

You may cancel or disable Auto-renewing Subscription in the settings/preferences of your account on the Pumba application. In the event: (a) you cancel or disable Auto-renewing Subscription of your Pumba account balance; or (b) one of your automatic payments is declined, for any reason whatsoever, including without limitation, expiry of your card: the Auto-Update Amount will not be added to your account balance.

We may choose to notify you, through email or SMS, once your account balance reaches or falls below zero. You authorize us to communicate with you through emails or SMS in connection with Auto-renewing Subscription. You acknowledge that we may also communicate with you through any of our affiliate(s).

3.3 Payment Facilitators

You agree, understand and acknowledge that Pumba may engage third party payment processors / gateway service providers to facilitate processing of payments, including Auto-renewing Subscription. Accordingly, you may be required to follow any terms and conditions of such third party payment processors/gateway service providers, as communicated to you, from time to time.

3.4 Billing Cycle

The monthly services fee and any other charges you may incur in connection with your service, such as taxes and possible transactions fees, will be charged to you Payment Method on the specific payment date indicated on the “Customer Account” page.  In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. 

3.5  Cancellation

You can cancel your Pumba’s transportation information services at any time, and you continue to have access to the service through the end of your billing period. To the extent permitted by applicable law, payments are non-refundable and we don’t provide refunds or credit for any partial services period. To cancel, go to your “Customer Account” page, subscriptions, and follow the instructions for cancellation. If you choose to cancel the service, your account will automatically close at the end of your current billing period. To see when your account will be closed, go to the application main page and a notice will appear at the top part of the page. 

Deleting Pumba mobile application does not cancel the services, you may be charged until you follow the cancellation  instructions.

3.6 Changes to the price and plans

We may change our service pricing plans from time to time with a prior notice.

4.FEES

4.1 In consideration of the Transportation Services, you will be charged the Fees. The Monthly Fees may be calculated on either a fixed fee or a Pay As You Want basis and an additional Technology Fee may be added. Where the Fees are paid on a fixed fee basis, the amount of the Fee will be notified via the App and you will have the opportunity to place the Order at your sole discretion at such fixed fees. Where the fees are paid on a Pay As You Want basis, the Fee will be calculated in accordance with the fees each customer will decide on subscription selection at the registration process.

4.2 If you fail to make payment of the Fee either in full or in part Pumba may:

4.2.1 suspend your access to the Services;

4.2.2 permanently delete your Customer Account and access to the Services; or

4.2.3 Continue to attempt to charge your chosen payment card or any other payment cards registered on your account for any outstanding Fee(s) until such Fee(s) have been paid in full.

5. FEES AND PROMOTIONS

5.1 From time to time, Pumba may run promotional offers or bonuses for using the Services and details of such promotions and bonuses shall be made available via the App, text message or email. Pumba will notify you of offers that you are eligible to accept from time to time and any additional promotional terms and conditions. Where a promotion offers Customers or Drivers a bonus for submitting or completing a set number of Orders, you must not do anything in fulfillment of this promotion which may be deemed fraudulent. All Orders must involve the provision of Transportation Services to bone fide Customers and you must not collude with Drivers and/or create any fake or fictitious Customer profiles and/or submit fictitious journeys in order to qualify for any promotional or bonus payment. Pumba reserves the right to report any fraudulent activities to relevant law enforcement authorities.

5.2 Where it is reasonably considered by Pumba that you have acted in a manner that is otherwise than in accordance with Condition 5.1 above, Pumba will notify you and, at its sole discretion, may withhold any promotional payment or discount and/or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Condition 5.1, you can appeal this decision by writing to us at support@pumbaparking.com within 48 hours of receipt of such notification and providing full reasons for your dispute.

6. ACCOUNTS

You may, in your discretion, choose to create an account with Pumba via your account with a third party social network, such as Facebook or Google (“User Account”). Creating a User Account is necessary for the use of the Pumba Services/ 

Creating a User Account will allow you to retrieve (e.g. when downloading the Application on a different device) the following information: home address, office address or other favorite destinations, E-mail address, Phone number, car model and data reports provided by you as part of your User Content (as defined below), your in-app settings, your rank and user profile (“User Information”). By creating an Account via third party social networks such as Facebook or Google, you grant Pumba access to your public profile on such third party services.  Pumba’s collection and use of your User Information as well as additional information about your travel habits which Pumba may collect, as set forth and subject to the Pumba’s Privacy Notice available at www.pumbaparking.com 

 

You are solely responsible for maintaining the confidentiality of your Account. You agree to accept responsibility for all activities that occur under your Account. You are required to create a password via your social network account (such as Facebook or Google), and if you have reason to believe that your social network account, and/or your Pumba Account is no longer secure, then you must immediately notify us at info@pumbaparking.com and the relevant service provider.

7.  Pumba credits and tokens

7.1 The Users of the Pumba Service can obtain Pumba credits or tokens e.g. by inviting new users to sign up to the Pumba Service. The User can use obtained Pumba credits and tokens to get a discount on his/her purchases made through the Pumba Service.

7.2 Pumba offers each User a personal referral code. A new User signing up to the Pumba Service is granted credits or tokens when using such personal referral code when registering to the Pumba Service for the first time.

7.3 Further information on the use of the personal referral code can be found in the Pumba Service in your user profile.

7.4 Pumba may unilaterally determine the conditions applicable to the granting, use and validity of the Pumba credits and tokens.

7.5 Any signing-up bonus credits or tokens can be used only once.

7.6 Pumba credits and tokens cannot be exchanged to cash.

7.7 The Pumba credits and tokens will be nullified if Pumba detects any abuse of Pumba credits, tokens or the personal referral code or suspects or detects that Pumba credits, tokens or the personal referral code have been granted on incorrect grounds or used in violation of these Terms of Service and Purchase. In such cases, Pumba shall be entitled to invoice the amount that was paid using such Pumba credits or tokens to the User (meaning the amount of the discount provided). In addition, Pumba reserves the right to exclude respective Users from the future use of credits, tokens or the personal referral code.

 

 

8. Eligibility

The Service is intended for use by users who are of the legal age required to hold a driving license. In any case, to use our Service you must be 16 years of age or older. If you are under 16, you may not download or use the Service. Accounts of users under the age of 16 years will be canceled and deleted by Pumba, upon receiving notice.

 

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

8. User Representations and Undertakings

You represent and warrant at all times throughout your use of the Site and/or App that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under this Agreement; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Service; (iii) your use of the Service has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of the Terms.

9.  Use Restrictions

There are certain conducts, which are strictly prohibited on and/or with respect to the Site and/or App. Your failure to comply with the provisions set forth below may result (at Pumba’s sole discretion) in the termination or suspension of your access to the Site and/or App and may also expose you to civil and/or criminal liability.

 

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); (ii) use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (v) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) sell, license, or exploit for any commercial purposes any use of or access to the Service; (viii) frame or mirror any part of this Site without Pumba’s prior express written authorization; (viv) create a database by systematically downloading and storing all or any of the content from the Service; (x) impersonate any person or entity or provide false or misleading personal information; (xi) use the Service for any illegal, immoral or unauthorized purpose; (xii) use the Service  for non-personal or commercial purposes without Pumba’s express prior written consent.

10. Feedback

In the event that User provides Pumba with any suggestions, comments or other feedback relating to Site, Service and/or On-Street Parking Spot Information (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Pumba and User hereby irrevocably assigns to Pumba all of its rights, title and interest in and to all Feedback, if any, and waives any moral rights to it (or anyone on its behalf) may have in such Feedback. Without derogating from the foregoing, User hereby represents and warrants that it shall not provide any Feedback which is subject to any third party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Pumba as soon as it becomes aware of any third party right or limitation which may apply to Feedback already provided.

11. Privacy Notice

Pumba respects your privacy and is committed to protect the information you share with it. Our policy and practices and the type of information collected are described in our Privacy Notice available at www.pumbaparking.com If you intend to connect to, access or use our Services you must first read and agree to the Privacy Notice.

12.  Intellectual Property Rights

The Service, the User Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Pumba’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Pumba, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative  works  of  any  material  that  is  subject  to  Pumba’s  proprietary  rights,  including Pumba’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

 

All logos and other proprietary identifiers used by Pumba in connection with the Service, (“Pumba Trademarks”) are all trademarks and/or trade names of Pumba, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Pumba Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Pumba Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

 

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Pumba and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Pumba marks and logos, whether registered or not.

13. Third Party Services

The Service may be linked to and/or through certain third party websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that Pumba has no control over such Third Party Services, and further acknowledge and agree that Pumba is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.

 

You further acknowledge and agree that Pumba shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Services. Most Third Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Services.

14. Third Party Components

 The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and Pumba disclaims all liability related thereto. You acknowledge that Pumba is not the author, owner or licensor of any Third Party Components, and that Pumba makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.

15. Availability

The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Pumba’s service providers and contractors. Pumba does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.

16. Changes to the Service

Pumba reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Pumba shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.

17.  Disclaimer and Warranties

USER ACKNOWLEDGES BY AGREEING TO THE TERMS HEREIN THAT PUMBA (AND ITS AFFILIATES) PROVIDE NO WARRANTIES AS TO THE PERFORMANCE, CORRECTNESS, FUNCTIONALITY OR SUITABILITY OF THE SERVICE FOR ANY PARTICULAR PURPOSE. PUMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT AVAILABLE ON THE SERVICE. THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON- INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

PUMBA AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “PUMBA”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICE.

 

PUMBA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. PUMBA MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.

 

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE, IS  ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.

18.  Limitation of Liability

IN NO EVENT SHALL PUMBA AND/OR ANY OF THE PUMBA AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.

 

NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.

 

SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PUMBA’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF PUMBA AND/OR ANY PUMBA AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL PUMBA’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO PUMBA FOR USE OF THE SERVICE. IF YOU HAVE NOT MADE ANY PAYMENTS TO PUMBA FOR THE USE OF THE SERVICE, THEN PUMBA SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

19. Indemnification

You agree to defend, indemnify and hold harmless Pumba and any Pumba Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Service (or any part thereof); (ii) breach of any term of these Terms by you; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and (v) your violation of any applicable law or regulation.

20. Amendment of Terms

Pumba may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Notice at: www.pumbaparking.com. Substantial changes of these Terms will be first notified on the Service regarding such changes to the email address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these Terms are effective as of twenty-one (21) days as of the date stated as “Last Updated”, and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

21. Termination of Service

At any time, Pumba may block your access to our Service and/or temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Pumba under any applicable law. Such actions by Pumba may be taken if Pumba deems that you have breached any of these Terms in any manner.

 

Additionally, Pumba may at any time, at its sole discretion, cease the operation of our Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Pumba does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data. The following provisions shall survive the termination or expiration of the Terms: Section 4 (User Representations and Undertakings); Section 5 (Use Restrictions); Section 7 (Feedback); Section 8 (Privacy Notice); Section 9 (Intellectual Property Right); Section 10 (Third Party Services); Section 11 (Third Party Components); Section 15 (Disclaimer and Warranties); Section 16 (Limitation of Liability); Section 17 (Indemnification); Section 19 (Termination of Service); and Section 21 (General).

22. Misconduct and Copyright Agent

We care for your safety and well-being. If you believe a User, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.

 

The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (iv) information so that the Company can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached at info@pumbaparking.com .

23. General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site and/or the Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Pumba’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Pumba relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Pumba. Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

By using the Pumba mobile application, you agree to Terms of Use (EULA).

24. Contact

If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: info@pumbaparking.com

 

By contacting us, you represent that you are free to do so and that you will not knowingly provide Pumba with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Pumba, and Pumba may use or refrain from using any such information at its sole discretion.