Terms of Use

Last updated: on June 11, 2019

The Terms of Use set forth below (the “Terms of Use”) constitute a binding legal agreement between Pango Pay & Go Ltd., company no. 51-402001-5, 49 Hasivim Rd., Petach Tikva (the “Company” or “Pango”), and the Users of the Services (as defined hereafter), including the Account Holders and/or Users on behalf of the Account Holders (who shall hereinafter be referred to as the “User(s)” or “You”). The Terms of Use regulate and determine the manner of using the Company’s Services, therefore it is recommended to carefully read these Terms of Use before any such use.

The Terms of Use are drafted in the male gender for convenience only, and they apply equally to both genders. Anything that is stated in these terms in singular shall also mean plural.

Certain benefits, including promotional offers, and/or additional services (as defined hereafter), may be subject to Additional Terms (the “Additional Terms”) which will be displayed to the User in the relevant place. The Additional Terms, together with the Company's Privacy Policy, constitute an integral part of the Terms of Use (jointly referred to hereafter as the “Terms and Conditions”). In the event of a conflict between the provisions of the Terms of Use and the Additional Terms and/or provisions of any other Agreements and/or the provisions of other publications with respect to the App, the Website, including the Services offered through them, the Additional Terms shall prevail, unless expressly stated otherwise.

Consent and acceptance of the Terms and Conditions: At the time of each installation, entry, access or use of the Company's Services, and/or clicking on the “I Approve” and/or “I agree” button and/or any similar wording (only in relevant cases where such consent is required), the User confirms that he has read, understood and fully agrees to the Terms and Conditions. In addition, the User confirms and gives his consent that when using the Company's Services, he will act in accordance with the provisions of the relevant law. Therefore, a User who does not agree to the Terms and Conditions, all or in part, may not use the Company's Services, including installing the App and/or accessing the Company's Website and to uninstall of the App, if installed. The Company will not be liable for any use not in accordance with the provisions of the Terms and Conditions.

1.Amendment and/or Modification of the Terms and Conditions

The Company reserves the right to amend or modify the Terms and Conditions, all or in part, from time to time, as necessary and subject to the sole discretion of the Company and without any obligation to provide notice, in advance and/or retroactively. If such modifications and/or amendments are made, these will take effect immediately upon presentation of the updated Terms of Use. The last modification date will be titled “Recently Updated”. Continued use of the Company's Services, after presenting the updated Terms of Use constitutes the User's consent to the modifications and/or amendments that have been made. If the Company makes modifications which, in the Company's discretion, may materially affect the rights of the User, the Company will take reasonable measures to warn them of this on the Website, through the User Account, if existing, or by email warning if existing in the Company's database. Subject to the applicable law, the User hereby waives any right or requirement which requires signature (which is not electronic) or the delivery of documents which are not electronic for the purpose of amendments and/or modifications to the Terms and Conditions.

2.The Company’s Platform

(1)The Company's Website is available at www.pango.co.il (the “Website”), including the User's personal account on the Website.

(2)The Pango App is available for download in the App Stores which allows Users to use the Company's Services via a smart device including parking activation, parking fee payment and any service offered through the App (the “App”).

(3)The Company's call center at telephone no. *4500.

(4)The Company’s social network pages.

All of the Company’s Platforms above and any other communications platform that will enable the receipt of Services on behalf of the Company, in accordance with the Company's sole discretion (shall be jointly referred to hereinafter as “Company’s Platforms”).

3.The Company’s Services

The Company provides the Services to the User which will be set forth hereafter (hereinafter jointly referred to as the “Services” and/or “Company’s Services”):

(1)The Company’s Platforms (as set forth above).

(2)The Basic Services - Services that are subject only to the creation of an Account and/or payment for which are for and in accordance with the use and require a basic registration to the Company's Services (the “Basic Services”) as follows:

a.“Parking Fee Payment Services” Payment of a parking fees by cellphone for regulated parking paid at the local authorities that provide, whether directly or by anyone on their behalf, paid parking spaces, for the general public.

b.“Parking Lot Service” - A service that allows payment in parking lots that work in collaboration with Pango through entering or scanning a code in the Pango App.

c.The “Express Parking Service” payment for parking in parking lots through a text message which will be sent to the cellphone.

(3)Additional Services - Services that require active registration by the User, in addition to creating the Account, which may be subject to a regular monthly payment and/or performing additional actions (the “Additional Services”) provided by Pango and/or third parties on its behalf ( the “Service Provider”), and inter alia, as follows:

a.“Parking Services” such as Pango Simple.

b.“Car Services” such as Shtifomat (auto- wash)and/or flat tire repair etc.

c.“Road Services” such as rescue services, toll roads and a police button.

It is hereby clarified that Pango may modify and/or add and/or cancel any service, including adding or removing it from the Basic Services, at any time and in its sole discretion, without notice and/or retroactively.

The Content offered by the Company in the Website and/or in the App, including, but not limited to, any text, image, trademarks, logos, designs, software, icons, graphics and the like (shall be jointly referred to as the “Content”)

4.Registration to the Company’s Services and Creating an Account

4.1.Some of the Company's Services require the creation of an Account (the “Account” and/or the “User Account”) in order to use them. The Account can be created through the Company’s Website and/or by contacting the Company’s call center and/or through the App. The information to be provided when creating an Account is as set forth in the Privacy Policy. When registering, the Account creator is asked to provide his phone number through which he will use the Services, which will be registered as the main phone number in the account and through which a variety of actions can be done in the account such as adding and removing services, adding vehicles and adding drivers, viewing all account details etc.

In addition, the Account Holder may enter additional phone numbers of drivers in the Account, whose actions in the Account will be limited, for using only existing Services in the Account.

Notwithstanding the aforesaid, it is clarified that in an Account with up to 3 vehicles, the additional drivers may add and subtract vehicles from the Account.

4.2.A User who wishes to create an Account (the “Account” and/or the “Account Holder”) can do so in one of the following ways (and subject to the type of the Account and payment method):

(1)Private Account Holder - can register through the Company's Website, the App and the call center, including by giving a standing order to debit a credit card.

(2)Business Account Holder - may register through the Company's Website and/or call center. It is clarified that registration through a standing order to bill an account is conditional on the registration of fifteen (15) vehicles and above in the account and it can only be done through the service center.

4.3.After completing the steps to create an Account, the Company will send an email to the email address that has been entered confirming the Account creation (or other electronic means, at the Company's discretion). The Account will be logged into using a Username and password.

4.4.It is clarified that the creating the Account will enable the use of the Company’s basic services, however use of the Company’s Additional Services will require performing additional operations and active registration by the Account Holder for the Additional Services, as will be presented by the Company from time to time.

4.5.The User represents and warrants that:

(1)He will provide accurate and complete information, both during the registration and any information provided during use of the Company's Services, including requesting to join as an Account Holder in the Company undertakes to enter his latest e-mail address and cell phone number used by him and to be used him for using the Company's Services; It should be clarified that providing incorrect information may constitute a criminal offense. The User undertakes to indemnify the Company and/or anyone on its behalf for all damages and/or expenses incurred by the Company and/or any third party in the event that the User and/or anyone on his behalf provided incorrect and/or inaccurate and/or incomplete and/or false information and/or in the event the User did not update the Company immediately regarding any such change.

(2)He will not provide any third- party information without his explicit consent to provide the information, to the registration as mentioned and to the Terms and Conditions. In particular, the User declares that he is the owner of the vehicles whose numbers are entered by him into the Account and/or has received permission from the vehicle owners to enter these vehicle numbers into his Account. If the Company's Services are used on behalf of any third party or legal entity or otherwise and/or a telephone number is entered which is not owned by the User, the User hereby warrants that he is an authorized representative of a corporation and/or holds all the necessary Approvals and references required to act on behalf of the third party, and that the third party has agreed to be bound by these Terms and Conditions. Any use of the information of a third party will be under the sole responsibility of the User;

 

(3)The User shall at all times be solely responsible for maintaining the confidentiality of Account access information and he shall be solely responsible for all actions occurring in the Account and/or the Application installed on the User's cellular device, including any unauthorized use thereof. If a device is transferred in which a User Account is updated to a third party who is not authorized to use it, it is the sole responsibility of the User to sign out of the User Account to which it is associated prior to handing the device over to a third party, otherwise the Account Holder will be charged for the use through the Account and he will not be eligible to receive credit.

(1)If the Account Holder's mobile phone number is transferred to any third party not authorized to use the Account, it is the Account Holder's sole responsibility to update the latest telephone number in his Account and to delete the number transferred or to close Accounts and terminate the contractual engagement with the Company as set forth in these Terms and Conditions, otherwise the Account Holder will be charged payment for use through the Account and he will not be eligible to receive credit.

For the avoidance of doubt, removing the App does not constitute closing an Account, and in order to close an Account the User must contact the customer service center.

(2)The User undertakes to contact the Company immediately and to notify of any unauthorized disclosure and/or use and/or unauthorized penetration and/or any update to the information provided through the Account (including updating credit card details), including reporting to the Company immediately of any event that has led to and/or that may lead to unauthorized use of the App and/or the Account including (but not limited to):

a.Loss of the cellular telephone;

b.Transfer of the mobile phone to a third party;

c.Transfer of the User's vehicle to a third party;

The User must update the Company immediately in respect of any of the above cases by an email notice to the address to support@pango.co.il or by calling *4500. If such notice was given, the Company may close and/or suspend the Account until the matter has been settled. For effective handling of the matter, the User will attach relevant documents to such request or report, if relevant.

Please note that for the purpose of preventing unauthorized use, the User has the option of blocking in-App purchases by adjusting the User's device settings. It is clarified that the aforesaid is a recommendation only and use of this option, including any malfunction, is the sole responsibility of the User and this does not derogate from his liability with regard to unauthorized use of the Account and/or the Application.

4.6.The Company reserves the right, in the sole discretion of the Company, to suspend or cancel the Account and/or the Company’s Services and/or to refuse to provide the Services, with or without an advance notice, if the Company has a reasonable basis to assume that the User, at any time, provided details that are inaccurate and/or not up to date and/or incomplete and/or incorrect.

4.7.The Account will be available to the Account Holder through the Website and it will include information about User activity in the framework of the Company’s Services provided to him, including information regarding the times of using parking spaces, basic or Additional Services, billing details charged by Company, payments made through his credit card, etc. including an Account page that refers to a period of up to three years and a tax invoice according to law.

4.8.The Account Holder may not transfer and/or assign his rights in the Account to another.

4.9.Adding vehicles:

If a User wishes to add a vehicle to the Account which is registered under another Account, this will be conditional on the User's Approval that the vehicle is owned by him and/or that he is authorized to use it and add it to the Account. In this case, the Company shall have the right to detract a vehicle from the Account where it has been clarified as mentioned that it is owned by another and/or licensed for the use of another. The Company shall have the right to notify the Account Holder (from whom the vehicle was detracted) that the vehicle was detracted, by e-mail or in a text message or in any other manner the Company deems fit. The Company will also have the right to refuse a request to add a vehicle to the Account Holder's Account, according to its discretion.

If a User, whose Account is registered for Additional Services, requests to add an additional vehicle to the Account, he will be deemed as having also registered the additional vehicle for all the Services for which the Account was registered before adding the vehicle, and he will be charged an additional payment for it as far as these are the terms of the Additional Service, unless otherwise expressly stipulated in the terms of the Additional Service. The Account Holder is responsible for examining the nature of the Additional Services and to order their cancellation for a specific vehicle, if possible or for all the vehicles in his Account.

5.Additional Terms regarding Use of the Services

5.1.“Resident Parking Tag” Discounts

(1)It is clarified that the Company cannot know whether a User is entitled to resident discount by virtue of a “resident parking tag” and the holders of resident parking tags that park in parking lots and/or blue and white parking spaces in the relevant local authority, will not be entitled to any discount when paid through the Company's system.

In the event that an Account Holder holds a “resident parking tag”, he must keep up to date with the relevant local authority, whether or not he must activate parking through the Company's system.

The Company will not be liable for any damage and/or expenses incurred by the Account Holder for payment he made because he activated parking through the Company’s system in a local authority where he has a “parking tag”.

(2)Notwithstanding the aforesaid, it is clarified that there are local authorities that regularly and automatically update the Company regarding vehicles with resident parking tags and for these authorities, these discounts will be updated, no later than one business day after the date of receipt of the discount in the Company's system and the relevant Account Holder will receive the full discount due to him also in the framework of using the Company's system.

It is clarified that the User is solely responsible for updating the relevant information for the purpose of obtaining such a discount, and also ascertaining that the information has been updated in the Account and with the local authorities. The Company will not be liable and/or required to give credit in the event that the details have not been updated and/or for any other reason that is not under its responsibility and/or control, including approval on behalf of the local authority.

5.2.Rates, Benefits and Promotional Offers

(3)The rates of the Company's Services (basic and additional) shall be determined at the sole discretion of the Company and/or any service provider on its behalf. The Company may charge fees for operating the Company's Services through any platform of the Company’s Platforms (including the Website, App and call center), and if it is requested to do so, the Company will publish the fee on one or more of the Company’s Platforms. Such fee shall be subject to the Company's decision and it shall be updated from time to time in accordance with the sole discretion of the Company and it will be added to the rates of the Company’s Services, in accordance with the decision of the Company.

(4)The Company shall specify the terms of the Company's Services and rates on the Website and in accordance with its discretion on the Company's additional platforms and it may separate between the various charges made in connection with its various Services.

(5)The User is solely responsible for ascertaining the cost of the Company's Services prior to Approving them and/or joining any of them. When using the Company's Services (including use and/or registration for the Additional Services), the User will be deemed to have Approved the rates and payments collected from him, whether they are collected on behalf of the Company and/or by the Service Provider and/or payments collected in the framework of the parking fee Services and/or promotional offers and/or benefits and/or any other payment made from any source related to the Company.

(6)The Company may, at any time, update and change the rates of the Company's Services and/or the rates of the promotional offers and/or the benefits, either in accordance with the requirements of the local authorities and/or the service providers and/or any third party, or at its discretion and without giving an advance notice. The Company will notify the Account Holder solely regarding Services whose rates have increased in relation to the costs specified on the Company's Website, if specified. To the extent that modifications in the Company's service rates will be made, this will be posted on the Website and an electronic notification will be sent of this and/or a notice via the relevant means in the framework of which the service is activated, where the rates will be updated. It is the responsibility of the Account Holder to ensure the accuracy of all his personal information and if he did not do so, no claim will be heard from the Account Holder that a notice was not sent regarding a modification of the rates. If such notice was given, the Account Holder may notify the Company of the termination of the contractual engagement with the Company and/or the cancellation of the relevant service in accordance with the provisions of these Terms and Conditions. If the Account Holder did not give notice to the Company regarding his wish to terminate his contractual engagement with the Company, he will be deemed to have agreed to the modification of the Terms and Conditions.

(7)It is clarified that any benefit to be provided in connection with the Company's Services will not and shall not be regarded as a transaction for a fixed term as defined in section 13A of the Consumer Protection Law, 5741- 1981, unless otherwise specifically stated in the terms of the benefit, and at the end of the benefit period the Account Holder's contractual engagement with the Company will continue with respect to the same service, in accordance with the Terms and Conditions under which these Services were provided before the benefit was given, including the payment terms, without any need for a notice of this by the Company to the User and without the need to request his renewed consent.

5.3.Payments, Details of Payments and Invoices

(1)Payment for the Company's Services shall be made by debiting the Account Holder's credit card or by any other means of payment which shall be updated and approved by the Company. The Company may verify the validity of the means of payment from time to time, with all that this implies, however this shall not derogate from the User's responsibility to verify the validity of the means of payment and to update the Company immediately with respect to any change to this means of payment.

(2)The monthly invoice will be available to the Account Holder in the Account on the Website and App. Once every six months, payment details will be sent via e-mail which was updated, if updated, and to the extent that no payment details were sent beforehand.

(3)The Account Holder may request that the details of the semi-annual payments be sent to the address of his residence by regular post, and this is by applying through the Company's Website and/or call center and provided that his the address of his residence was updated in the Account. The Account Holder will bear the mailing fee.

5.4.Inquiries about Charges and Giving Credits

(1)The Account Holder may apply to the Company for information about any billing charge. It is clarified that, in the event of an objection and/or claim in relation to any charge (“Objection to the Charge”), the Account Holder must contact the Company immediately and in any event no later than 30 days after the charge in question became available to him. Any request for clarification and/or objection in relation to charges will include the following details:

a.Private Account Holder: Account Holder's name, ID no. and the last four digits of the credit card entered into the Account.

b.Business Account Holder: Name of the contact person, company number and bank Account number entered into the Account.

c.The description of the charge for which he is requesting is to receive details, including the amount and date of service for which he was charged and/or the date of the charge (whichever is relevant).

d.Furthermore, if an objection to the charge is made, a clear and detailed an explanation as possible must be provided as to why this charge is incorrect, together with relevant references.

(2)If the Account Holder applied verbally to the Company, the Company may require that it submit a written application to it within 7 business days.

(3)The Company shall provide the information required at the Company's discretion and/or the results of the examination of the objection to the charge within 14 business days. To the extent required by the Company, it may extend the date of the examination of the objection to the charge by an additional 30 business days and/or require additional information or references.

(4)If the Company found that the objection to the charge is justified, the means of payment will be credited by the Company within 14 business days for the same amount which was charged in excess. If the Company is of the opinion that the objection to the charge is not justified, an explanation will be sent in writing or through a service representative on behalf of the Company.

(5)If an objection to the charge was not sent to the Company within 30 days of it becoming available, the charge shall be deemed agreed between the parties and the Account Holder shall not have any claim and/or lawsuit and/or demand in this matter.

5.5.Parking Fee Payment Services

(1)Parking fee payment services provide the User with a means of paying parking fees for using regulated public parking places.

(2)The rates for parking fees, activating and/or stopping the service:

The parking fee by which the Account will be charged by the Company shall be in accordance with the rates to be determined by the authorities, from time to time, each authority according to its own rates (hereinafter: the “Parking Fee”).

Activating, extending or stopping the parking will take place after the User's instruction are received on the Company's servers and the charges will be made accordingly. Performing these operations is under the sole responsibility of the User.

For the avoidance of doubt, if the User does not report that the parking has stopped, he will be charged for the maximum parking time permitted in the same parking area, taking into account the end of the regulated parking for that day.

Each time the parking fee payment service is activated, the Company will receive the User’s location data and it will update the parking location using the coordinates sent via the cellphone. Use of this data by the Company is as set forth in the Company's Privacy Policy.

(3)The User's responsibility for parking according to the provisions of the law:

The parking fee payment service does not confer to the User the right to use any parking areas, except parking in them for the period permitted according to the bylaws relevant to the parking area and according to the traffic sign (if relevant). The authorities only are solely responsible for arranging public parking spaces and determining the level of parking fees for the use of these parking spaces. The User must refer any question or complaint in these matters to the relevant local authority. In any event that a report will be submitted against the User for unlawful parking, it will be under the responsibility of the User to act and/or to Appeal the report to the relevant local authority.

The User is solely responsible for ensuring that parking is performed according to law, including its location, auxiliary signs, parking hours customary at the requested parking place and the right to park there. It is known to the User that the local authority imposes the local parking arrangements, including parking hours and permitted parking spaces and he must act in accordance with the signs of the local authority and its other instructions. The User will not have any claim against the Company regarding use of the parking service contrary to the instructions of the local authority. For the avoidance of doubt, activation of the parking space does not constitute confirmation on behalf of the Company that the parking is according to law and the Company will not have any liability in this matter.

(4)Automatic Parking Correction:

A User who has parked his vehicle in one local authority, but has unintentionally activated parking in a nearby local authority bordering with the local authority for which the parking was activated, agrees that if an inspection of an inspector is carried out and subject to the consent of the authorities (and in relevant cases, the organization policy defined by the User), an automatic correction will be made to the parking (“Automatic Parking Correction”). In the framework of the Automatic Parking Correction, the incorrect parking that was activated will end, for which the User will be charged a full parking fee in accordance with the parking arrangements in the authority chosen by him, and parking will be reactivated at the local authority where the User actually parked. The charges of the User for this parking, will be done in accordance with the User's parking settings and in accordance with the parking arrangements customary in the local authority where he actually parked. For the avoidance of doubt, it is clarified that the Company does not undertake to provide the automatic parking correction service, and the responsibility for parking in the correct local authority Applies only to the User. Any matter related to and/or arising from a correction of the automatic parking is under the full and exclusive responsibility of the authorities. The User must refer any question or complaint in these matters to the relevant local authority.

(5)Parking Activation Reminder:

The User agrees that when parking in the authorities supporting this, a text message will be sent to the cellphone reminding him to activate parking if the system has detected that parking has not been activated through the Company’s system. For the avoidance of doubt, it is clarified that the Company does not undertake to provide the parking activation reminder service, and the User only is responsible for activating parking in the local authority.

(6)Parking Hunter:

A.   Assists you in finding a parking lot near the destination you want to reach by displaying parking

lot locations, availability and parking prices, and provides a navigation service (via the Waze App) that shows you the way between where you are and a destination you choose.

Use of the Waze Application navigation service is subject to Waze's Terms of Use and Privacy Policy, as found in its Application.

B.In order for Pango to provide the service, the location service on your device must be enabled. Furthermore, this service is subject to the provisions in section 5.7 “Location Based Services and Text Messages”, which are hereafter.

C. In the framework of the service, occupancy data may be displayed in some of the parking lots participating in the service. The information contained in the occupancy data is for informative purposes only, located in the computer systems of the parking lots participating in the service and it should not be relied upon for any purpose, when without derogating from the generality of the aforesaid:

1.Mandatory parking rates are the rates set forth in the parking lot itself.

2.Pango and/or the parking lots do not guarantee the veracity and/or accuracy of the occupancy data.

3.Relying on the information contained in the occupancy data shall not bind and it shall not impose liability on the Company and/or on the parking lots.

(7)Parking Fee Credits:

For the avoidance of doubt, the Company has no authority and it is not required to credit the User for a parking fee collected from it through its Services and the fee is exclusively owned by the local authorities and only they have the authority to order such credit. To the extent that a User requested to credit him for a parking fee he has paid, he must act vis-à-vis the local authorities only to obtain his credit, and this is even in cases where the fee has been paid and a ticket has been given for that same parking. For the purpose of handling and clarifying the issues of credits as mentioned, the User agrees and confirms that information will be transferred from the local authority where he parked his vehicle to the Company, regarding parking tickets written regarding his vehicle.

(8)Fees for Parking Fee Services:

In order to avoid doubt, the Company shall be entitled to collect fees for activating the parking fee payment services through any platform of the Company’s Platforms, and if it shall seek to do so, the Company will post the amount of the fee on the Applicable platform, according to its discretion.

Such fee shall be subject to the decision of the Company and it shall be updated from time to time in accordance with the sole discretion of the Company and it is added to the parking fee.

5.6.Parking Services and Express Parking

(1)The following are the methods of payment in the framework of the “Parking Lots” service:

a.By using a barcode scan (QR code) - (1) enter the App into the ‘payment in parking lots’ tab; (2) choose the barcode scanning option; (3) scan the barcode that appears on the parking ticket; (4) receive confirmation that the scan has been received in the system.

b.By entering a Pango code that appears on the parking ticket- (1) enter the App into the ‘payment in parking lots’ tab; (2) choose the enter a code option; (3) enter the code in the App; (4) receive confirmation that the code entered has been received in the system.

c.“Express Parking Lot” service – subscribe to the “express parking lot” service, in the framework of which when the vehicle enters a parking lot participating in the service, an SMS is sent to the mobile phone updated in the customer account in the Company, which will be a link and pressing it will give instructions to pay the parking automatically when the car leaves the parking lot.

(2)Activating parking through the service costs NIS 1 per activation, except in cases where the Account is registered to the Pango Simple service, in which case the service is provided without a fee.

Residents of Tel Aviv will be entitled to a 50% discount in the activation fee in Achuzat Hof parking lots.

(3)The service is provided only in the parking lots set forth in the list of parking lots that appears on the Website and in the App. The list of parking lots participating in the “Express Parking Lot” service is subject to changes at the sole discretion of the Company. Any changes will be updated on the list of parking lots on the site and/or in the App.

(4)The User gives his consent that for the purpose of providing the service, the vehicle numbers in his Account will be forwarded to the participating parking lots and he authorizes the parking lots participating in the service to transmit information to the Company regarding the arrival of the vehicles in his Account to the parking lot.

Such Approval by the Participant shall be deemed a clause in favor of a third party, including in favor of the parking lot owners and their operators working in collaboration with the Company.

(5)The parking fee rate is determined by the management/ owners of the parking lots participating in this service.

(6)The participant authorizes the Company to send to him service messages to the cell phone in the form of PUSH messages and/or service text messages, such as, but not limited to, the Credit Company's payment authorization and notice that the payment has been Approved and the User may leave the parking lot.

(7)When the User is authorized to pay through the “express parking lot” service, the credit card in the Account to which the User is ascribed will be automatically charged at the full rate charged by the parking lot at the relevant time, in accordance with the length of the parking time.

(8)Notwithstanding the aforesaid, the Service will enable the following discounts to be realized:

d.Discounted weekend / evening rates, provided regularly;

e.Exclusive discounts to Company customers, as may be provided from time to time;

f.Resident discounts and/or regular student discounts in parking lots that support these types of discounts, such as Ahuzat Hof parking lots for residents of Tel Aviv and for students of Tel Aviv University who registered their vehicle at the Student Administration.

(9)Other discounts on parking rates, provided at the sole discretion of the parking lot, cannot be realized through this service and for the purpose of using any discount in the parking lot rates, parking fees must be paid at the payment stands deployed throughout the parking lot and not through this service.

In addition, the Company's system cannot identify a vehicle with a handicapped parking tag, and therefore it cannot grant discounts in parking lots to such vehicle owners. Therefore, it is recommended to the owner of a vehicle carrying a handicapped parking tag which is entitled to discount in some of the parking lots, that if he wishes to receive such discount, to pay in the parking payment stands that allow a discount for a vehicle carrying a handicapped parking tag.

(10)The responsibility for realizing discounts on parking rates is the sole responsibility of the User and the Company will not be liable for any damage and/or expense that may be incurred by Users and/or any third party, from not realizing any discount on the parking rates due to payment by the service.

(11)Payment Method for the Services

a.Payment of the parking fee in accordance with the rates set by the parking lot management participating in this service, by means of the credit card or standing order updated in your Account in Pango’s systems.

b.Payment by standing order will be charged at the end of each month, while payment by credit card will be charged immediately at the end of each parking. Pango will be allowed to reserve a line of credit in the credit card from the time of entering the parking lot to secure payment at the exit.

c.The charges for parking in the parking lots which will be paid by credit card can be seen immediately, with the vehicle exiting the parking lot, in your Account on the Pango Website and in the App and to the extent paid by standing order, it will be possible to see it on the first of the next calendar month after the month of the parking.

d.Invoices for the service, for which the credit card payment was made, will be issued immediately at the end of the parking and payment made, to the updated email address in your Account and to your Account on the Company’s Website and in the App. Invoices for the service, for which payment was made by standing order, will be issued to your Account in the Pango Website, and in the App for the 1st of the following calendar month after the month of the parking.

e.For the avoidance of doubt, the payment of the parking fee is for the parking right in the parking lot only and not for any other service, including guarding, supervision, etc. Therefore, the provisions of the Bailees Law 5727- 1967, the and the obligations contained therein do not apply in the circumstances and this payment does not impose any duty on the parking lot operators and/or on the parking lot owners and/or on Pango and/or anyone on their behalf.

f.The parking lot operators and/or parking lot owners and/or Pango and/or anyone on their behalf are not responsible for any damage and/or loss and/or bodily injury or property loss, towards the parking lot and/or any third party, directly or indirectly connected with the parking of your vehicle in your Account in one of the parking lots participating in the service, including in connection with the exit of passengers from the parking lot and/or their return to the parking lot and/or the use of facilities available to those coming to it and/or driving in the parking lot, for any reason.

g.You may remove the “Express Parking” service after registration, in any of the ways set forth in section 15 hereafter.

5.7.Location Based Services and Text Messages

(1)Certain Services of the Company are location-based and/or based on receiving text messages. It is the sole responsibility of the User to ascertain that the device from which he is using the Services is connected to the Location Services (GPS), that such location Services are enabled, that the User has authorized the App to identify its location and that the GPS has detected the location of activating the parking. It is also the sole responsibility of the User to ascertain that his mobile device and/or cell phone Account is functioning properly in an area with reception, which allows receiving text messages. The Company shall have no liability for any claim and/or damage caused by the malfunction of the device and/or lack of connection and permissions to location Services and/or receiving text messages and/or reception problems, in light of the User's act and/or omission, in light of a malfunction at the User's cellular service provider, location identification problem, satellite reception, glitches, etc.

(2)In addition to the aforesaid, where the Company provides Services (both basic and additional) which are location-based Services, the location of the vehicle is sampled, in accordance with the coordinates transmitted from the User's cell phone (if this is a Smart Phone) once per defined period of time, which can change from time to time in accordance with the Company's decision and its sole discretion, and this is inter alia, for considerations of reducing the consumption of the cellular phone battery and considerations of derogating from the performance of the cellular telephone system.

5.8.Receiving and Transmitting Information to Third Parties

(1)The Company will transfer certain information about the User to third parties, for the purpose of providing the Services and for additional needs, all as set forth in the Company's Privacy Policy.

(2)Without derogating from the provisions in the Privacy Policy in this regard, the User agrees that the information required from the User’s Account such as credit information, vehicle number etc., will be transferred by the Company to the service provider, to which the transfer of information is required for providing the service and/or billing for the User for purchasing the service.

(4)The User also gives his consent that the Company will receive information relating to his vehicle, including the location of the vehicle, from third parties working in conjunction with the Company, including parking lots.

(4)Since the Company provides Services to the local authorities in connection with the parking fee payment service, and with parking lots in connection with the payment of parking fees in parking lots, the User gives his consent to the Company to the transfer of all necessary information to the local authorities for the ongoing handling of local parking arrangements in their area, including handling various claims and legal proceedings, in connection with payment of parking fee and to parking lots in connection with the ongoing handling of parking arrangements in parking lots and the payment of parking fees.

For the avoidance of doubt, subsections (3) and (4) above shall be deemed to be clauses in favor of a third party, including in favor of parking lot owners and their operators working in collaboration with the Company.

6. Use of the Services not through the Account Holder and/or through a Cellular Device owned by him and/or Permitting Others to Use.

6.1.The provisions of these sections will apply to any User who uses the Services and who is not the Account Holder, including an authorized User, an employee on behalf of an organization and the like and/or another Account Holder who permits use by others.

6.2. The Account Holder who authorizes the use of an authorized User on his behalf, declares and undertakes that the User has read and Approved the Terms and Conditions. An Account Holder who will add another telephone number to his Account which may use the Account is responsible for updating the owner of the phone number joining the Account, regarding what is stated in these Terms of Use and regarding the terms of the Company’s Services attached to his Account, including their relevant rates and Terms of Use. The Account Holder will be responsible for any claim and/or lawsuit and/or demand in this matter. If the Account Holder has given access to others, knowingly or unknowingly, the Company will not be responsible for the use of the transferees in the Account.

6.3.It is clarified and emphasized that the User's details and data about his location and parking times accumulate in the databases of the Company and/or service provider and they are exposed to the Account Holder’s knowledge (paying for the service). A User who wishes to use the Services to which the Account is attached, without the above information being disclosed to the Account Holder, may do so by using one of the Company’s Platforms, subject to opening a private Account in his name and entering his credit card details and self-payment for the Services.

6.4.An Account Holder who has created an Account using a telephone number and/or cellular device that he no longer owns, has the sole responsibility to close the Account (as set forth below) and/or remove the App and/or notify the Company of the updated details, as Applicable. The Company will not be liable for any use made through the Account by the device and/or cellphone number which has been transferred and the User will not be eligible to receive credit for this matter.

7.The Service Providers and their Responsibility towards the Customers

7.1.Some of the Additional Services offered by the Company are provided by third parties, service providers, which the Company has entered into a contractual engagement with. When registering for these Services, the User grants the Company a full and irrevocable power of attorney for the duration of the use of the Services, to transfer relevant information to the Service Provider (including name, telephone number, vehicle number and location), for the purpose of providing these Services.

7.2.Any such Additional Service will be subject to the specific terms of the service relevant to him and the User who has registered for the additional service must read its terms and ascertain that they fit his needs and that he agree to them.

8.The User’s Representations

When using the Company’s Services, the User represents and warrants that he is legally competent to commit to these Terms and Conditions and to the use and to the performance of binding legal actions, in accordance with the Legal and Guardianship Law, 5722- 1962, and according to any law, the User does not have any legal obstacle or other obstacle preventing him from entering into the Terms and Conditions and receiving the Company’s Services. If you are not over the age of 18, the use of the Services is conditional upon obtaining the guardian’s Approval of the Terms of Use, including the privacy policy set forth therein. If such explicit permission was not received from the guardian, you undertake to refrain from making any use of the Services. 

9.Intellectual Property and License to Use and Restrictions of Use

9.1.The Website, the App, the Company’s Services and the content (as defined above) are owned by the Company or by third parties and are presented for the User's personal and non-commercial use only and subject to the Terms and Conditions. The Company hereby grants to the User a limited, personal, non-exclusive, non-transferable and/or non-assignable, non-commercial, and revocable license to use the Website, the App and the Company's Services subject to and in accordance with the Terms and Conditions. Except for the above limited license, the Terms and Conditions do not grant a license to use the copyrights or other intellectual property rights of the Company which are wholly reserved by the Company and/or by the relevant third party. The Company may cancel the restricted license at any time and for any reason. The Company reserves its right to prevent access to the Website and/or to the App and/or to the Company's Services from any User who infringes and/or attempts to infringe the intellectual property rights of the Company and/or third parties.

9.2.The User will use the Website, the App, the Company’s Services and the content in accordance with the provisions of the Terms and Conditions only and in accordance with the provisions of the relevant law. The User agrees that he will not use the Company's Services and/or authorize a third party and/or encourage a third party to use the Company's Services, directly and/or indirectly, as follows: (1) illegally, inappropriately, immorally, unauthorized and/or any misuse and/or unreasonable use and/or for a prohibited purpose in relation to the purposes of the Services; (2) in a way that will prevent others the possibility of using the Company's Services.

9.3.In addition, the User undertakes not to: (1) circumvent, disable or interfere with the security, related features of the Website, the App and it’s the Company’s Services and their proper functioning, and to make changes and/or interfere in any way with the source code of the Website or the App and/or the content contained therein and not to upload any software and/or any applications that may harm or damage the Website and/or the App and/or the Company and/or any other third parties; (2) to remove any content from the Website and/or from the App, including a copyright notice; (3) use the Website and/or the App and/or the Company’s Services to promote, manage or contribute to any activity that infringes any rights, including intellectual property rights, privacy rights and/or any other proprietary right; (4) to collect email addresses of third parties and/or other details from the Website and/or from the App, whether by electronic means or by other means, by hacking and/or mining, including for unauthorized mailing; (5) use electronic penetration means or any means including scripts; (6) to copy, to distribute or to reproduce any part of the Company's Services, including the Website and/or the App and/or use, modify or incorporate the Website and/or the App and/or the Company's Services into software or site or other Application, or to create derivative works; (7) to sell and/or to grant a license (or sublicense), to lease long term, to assign, to transfer, to mortgage or to share his rights under this Agreement to any third party; (8) use the Company’s name, logo or its trademarks without the prior written consent from the Company.

9.4.The Company may prevent the User from making any use of the Website and/or of the App and/or the Company's Services if it becomes aware and/or the Company will have reasonable suspicion of any infringing action or such action which may be construed as a breach of the Terms and Conditions. The Company may also restrict the User's use of the Website and/or the App and/or the Company's Services for any other reason and terminate the Terms and Conditions according to its sole discretion.

10.Upgrades, Modifications and Technical Support

The Company may from time to time make upgrades and/or updates and/or modifications to the Website and/or the App and the Services, and it may electronically and automatically upgrade the version of the App you are using. The User grants your consent to an automatic upgrade and/or modification as stated and agrees that these Terms and Conditions will apply to any upgraded and/or updated version. The Company does not undertake to give and/or to provide technical support and/or any other support, including with respect to the operation of the Website and/or the App and/or the Services. However, you can contact the Company at any time through the Company’s Platforms and technical support will be provided subject to the Company's sole discretion. The Company may change, update, suspend and/or terminate the Company's Services at any time, without the User being responsible. To the extent that the User objects to modifications made or that shall be made by the Company, the User is required not to make any use of the Website and/or of the App and/or the Services. Continued use after making such modifications will indicate the acceptance and consent of the User to the modifications.

11.Privacy

The Company's Privacy Policy describes the manner in which the Company collects, uses, stores and shares the User's information and it constitutes an integral part of these Terms of Use.

12.Lack of Representations, Limitation and Removal of the Company's Liability

12.1.Unless expressly provided in the Terms and Conditions, the Website, App and Company’s Services are provided as is and as available without any warranty, of any kind, express or implied, including, without limitation, representations, commitments and adjustments for a particular purpose.

12.2.The Company does not warrant that the Website and/or the App and/or Company’s Services will operate without errors, interruptions, cessations (temporary or permanent) or without viruses or other harmful codes, that they will be correct, complete or up to date and/or that they will not be immune against illegal access to the Company’s systems and/or that malfunctions will be repaired.

12.3.In addition, the Company may change and cancel the Services at any time, including any other component of the Company's Services, without any prior notice to the User.

12.4.Use of the Company's Services is conditional on the integrity of the cellular network to which the User's cellular phone belongs who is solely responsible for the integrity and/or availability of all the Services and components necessary for receiving the Company's Services and which are provided by any third party, including the integrity and availability of the cellular network, the integrity of the required Application components, the available of content Services, the existence of a GPS service and activating it, permission to receive text messages and more.

12.5.The User agrees that the Company shall not be liable towards him or towards any third party for damage arising from technical problems, including without limitation, in connection with the internet or any telecommunications and cellular network providers. The Company will not be liable for delays in the provision of Services as a result of events beyond its control, such as malfunctions, delays, strikes, natural disasters, glitches in the computer system or telephone systems that impair the completion of receiving and/or providing the Services and/or device malfunctions and/or inconsistencies in relation to settings and permissions which the User entered into the device etc. The User warrants that he will have no claim, lawsuit or demand against the Company for the aforesaid. Use of the Company's Services under the exclusive and complete responsibility of the User.

12.6.To the extent that any service of the Company's Services and/or promotional offers and/or benefits is given by an outside service provider, the Company will not be liable for the level of service, the nature of the service, the integrity of the service and any other matter in connection with the service itself, which is not related to payment for the service alone and the User should contact the service provider directly for any claims regarding the service provided.

12.7.The Company and/or anyone on its behalf shall not be liable for any direct, indirect, consequential, punitive or special damage caused to the User and/or to a third party, including to equipment resulting from use of the Company's Services, not in accordance with these Terms and Conditions and/or inability to use them - whatever the cause of action will be - including loss of income and/or loss of profit caused for any reason, failure to save and/or backup and/or the loss of content and/or any information regarding the User and/or the Services, even if the Company received a notice regarding the possibility of such damage.

12.8.The Company will only be liable for any financial damage that the Account Holder may incur, to the extent incurred, due to its negligence or for breach of its obligations under the Terms and Conditions. This liability of the Company shall be limited to the amount of the tickets or amounts paid by the Account Holder due to this (conditional upon presentation of the confirmation of payment of such tickets by a User) and/or to the amount of the Account Holder owed therefor. The Company will not be liable for any non-direct and/or consequential damage as well as for failure to provide the Company's Services and/or damage incurred for not providing any Services to which the Account Holder registered and which are provided by the Company, free of charge.

12.9.The User is aware that the Company has agreed to enter into a contractual engagement with the User on the basis of this limitation of liability and that the Company relies on this.

13.Indemnification

The User undertakes to compensate and/or indemnify the Company, its managers, its employees, its representatives, its shareholders, and all those acting on its behalf and/or for it and any other party connected to the provision of the Company's Services, immediately upon their first demand, for any claim and/or damage and/or harm and/or loss and/or expense incurred by them, of any type and kind, including for attorney's fees and reasonable legal expenses, as a result of a breach of these Terms and Conditions and/or the provisions of the law by the User, as well as any claim and/or demand and/or lawsuit that shall be raised against them by any third party for such breach. For the avoidance of doubt, it is clarified that this indemnity clause does not derogate from any other remedies that are conferred to the Company according to any law.

14.Service Messages, Advertising and Direct Mail

For the purpose of providing the Services and as part of the Services, the Company will send service messages such as invoices, parking termination notice, vehicle inspection notice, etc. (“Service Messages”) to the User's email and/or telephone number. These service messages are necessary for use of the Services and therefore, a User who shall request not to receive them will not be able to use the Company's Services.

Furthermore, when registering for the Company's Services (both when creating an Account and/or providing contact details in any manner), the User confirms that he agrees to receive advertisements to all the means of communication which he provided as mentioned in section 30A of the Telecommunications Law (Bezeq and Broadcasts), 5742- 1982, and also for receiving direct mailing in accordance with the Privacy Protection Law 5741- 1981 (unless he explicitly refused). You may, at any time, cancel your authorization to receive marketing messages as mentioned above and request to be removed from the mailing list in the framework of the advertisement itself and/or by “Contact Us” on the Website and/or by sending an email to support@pango.co.il and/or by contacting the Company's customer service.

15.Termination of the Contractual Engagement

15.1.You may terminate your contractual engagement with the Company at any time by conversation with a representative at Customer Service at *4500, by Fax: 03-7262494, by Contact Us on the Website, by email at support@pango.co.il, by registered mail to the address set forth at the bottom of the page and in your Account on the internet Website (in respect to the Services to which you can register through the internet and with the exception of closing the Account).

In order for the service to be removed, by email, “Contact Us” on the Website and by registered mail, you must provide the Account Holder's mobile phone number, the Account Holder's ID number, the last four digits of the credit card updated in the Pango system, the nature of the request and contact details - email or telephone, in case the customer service center wishes to contact you.

15.2.If such notice is given, the contractual engagement will end within 5 business days.

15.3.For the avoidance of doubt, in your request to cancel this service (except with respect to the Express Parking Service), you are requesting to close your Account in the Company. The Express Parking Service can be removed without canceling the Account, in accordance with the conditions set forth above.

15.4.It is hereby clarified that the termination of the contractual engagement as mentioned shall not derogate from the Account Holder's obligations for to pay parking fees for use parking or any service of the Company's Services or for other obligations of the Account Holder which were created before the termination of the contractual engagement. If the contract is terminated in the middle of a month, the Account Holder will be charged proportionately according to the number of days he was registered for the service.

15.5.The Company will be entitled to terminate the contractual engagement with the Account Holder or block an Account from performing any action, as follows: (1) A problem exists with the billing of the Account Holder through the means of payment provided by him; (2) The User denies any transaction recorded in his Account; (3) A complaint on behalf of a third party has been received regarding unauthorized use of the Account and/or the telephone number and/or cellular telephone and/or vehicle number (4) The User has breached a condition, including his obligation to make payments; (5) The Account Holder provided the Company with incorrect information.

16.General

The Terms and Conditions constitute the entire agreement between the parties. If a provision of the provisions of the Terms and Conditions is determined by the Court to be illegal and/or invalid, then this will not cancel the other provisions of the Terms and Conditions and/or the other parts of that provision which has been canceled and/or reduced by the Court, which have not been canceled or reduced. Any delay of the Company in exercising its right or its failure to insist on a right due to it according to the Terms of Use or according to law is beyond the letter of the law only and it will not serve or shall be considered as a waiver of the Company of such right. The Company may transfer and/or assign, at any time, its rights and obligations towards the User to a third party, without giving notice unless such notice is required by law. These Terms of Use will only be governed by the laws of the State of Israel. The competent courts in the area of Tel Aviv Jaffa only will have exclusive jurisdiction in respect to any matter concerning these Terms of Use and the use of the Services.

17.Contact Us

For any question regarding the Website and/or the App and/or the Company’s Services, it is possible to contact the Company as follows:

Pango Pay and Go Ltd.

Address: 49 Hasivim St. Petach Tikva, Israel

Customer Service Center: *4500

Email address: support@pango.co.il

By: Contact Us