Terms of use – WIND

Welcome to "Yango-Wind" an electric scooter rental system (the "Service") operated by Wind Tel Aviv (By Byke) Ltd. (the "Company" or "We").

(1) The provisions of these terms of use ("terms of use"), shall apply to any user of the service ("the user" or "you"), and they regulate the use of the service available through the application and the use of the website below; Yango-Wind application or Yango application , which operates through the Android and iOS operating systems and is available on Google Play and the App Store - (hereinafter together "the application");

(2) Wind's website at: https://wind.yango.com/israel (the "Site").

The Hebrew version of the Terms of Use shall be legally binding for any user using our services within the State of Israel. Any other Terms of Use wording given in a language other than Hebrew (including the English version of the Terms for Israeli customers) is for informational purposes only, and in the event of a discrepancy in the Terms of Use, the Hebrew version of the Terms shall prevail.

 

The use of the application, the website, the electric scooter and the service, in general will be done in accordance with and subject to the provisions of the terms of use. Therefore, you are asked to read the instructions of the terms of use below carefully and thoroughly, which, together with terms and updates that will appear from time to time on the website and/or the application, constitute the binding agreement between the company and you, when you browse the website, the application, register for the service and create the user account. Your use of the website, application, and services means that you are aware of, understand and agree to the terms of use. To the extent that you do not agree to the terms of use, do not use the website, application, or service.

The company reserves the right to change or amend the terms of use from time to time at its discretion, including regarding the types of packages, prices, how to use the service, etc. In the event of a change or amendment to the terms of use, the latest version of the terms of use will be valid at the time of its publication in the application or on the website. We recommend that you go back and review from time to time the terms of use, which constitute the agreement between you and the company.

Please note - without detracting from what is detailed in the terms of use below, please note that:

* To register the service and use the service, you must be 18 years of age or older. If you are younger than 18 you must refrain from registering and/or using the service.

* You are required to wear a helmet that meets the relevant standards, in accordance with the provisions of the law, at all times during the ride until the scooter is completely parked. You are not allowed to make any use of the scooter without wearing a helmet as mentioned.

* These terms of use include releases, waiver of claims clauses, risk acceptance and liability clauses as well as other clauses which may limit the rights and legal remedies to which you are entitled.

* The rental of the scooter and its use are subject, among other things, to compliance with all relevant legal provisions. You must comply with all applicable laws and regulations (including, without limitation, traffic regulations, traffic laws, instructions, and legislation of the relevant local authority, etc.). In addition, riding on the sidewalks or in any other areas reserved for pedestrians is prohibited.

* You must check the condition of the scooter before using it and immediately report a defect to the company through the company's service center, the details of which are at the bottom of the terms of service.

* Any use of a scooter that is not in accordance with the terms of use may result in financial charges and fines.

1. Definitions

In these terms of use, the terms listed below will have the meaning listed next to them: "Operational area" - the area within the boundaries of which scooters can be rented and returned, as will appear at the time of rental on the application.

"Rental packages" - various rental packages that may be offered for purchase through the application, including packages based on minutes of use for a specified period.

"End device" - a device (such as a mobile phone) used by the user to rent a scooter through the application.

"Scooter" - an electric scooter that the company offers for rent, which is equipped or includes, among other things, the standing surface, handlebars, front and backlight, brakes, wheels, an electric operating unit and a GPS component.

2. The services

Subject to the instructions of the terms of use, and the rates detailed in the application and the terms of use, as they will be updated from time to time, you may rent and use a scooter, on a pay-per-ride basis (depending on the duration and area of the ride and additional conditions that will be detailed later) or according to rental packages as published in the application, all subject to the availability of the scooters at the time and area of the rental.

It is clarified that the company does not commit to the scope, layout, or availability of scooters, at a certain time, in a certain area or at all, and the use will be based on the existing availability at the place and time relevant to the rental.

The method of renting the scooters is as detailed in the application and subject to the terms of use. The location of the scooters available in the operational area, in the location near you, will be marked on a map displayed in the application.

3. Opening an account and registering for the service

To use the service, you must first download the application to your end device and create a personal user account, using your mobile phone number, which will be approved by the company ("personal account" or "user account"). The registration itself is free of charge. Renting the scooters is done through the app through your personal account.

When registering, you will need to provide identifying information such as a cell phone number; scan an identification document such as I.D, passport or driver's license ("Identification document"); and upload a photo of your face taken at the time of registration (for cross-checking with the Identification document). The company will be entitled, at its sole discretion, to verify your identity, including by sending an SMS message or by any other means, as well as request additional proof of identification if it is found that the documents you have scanned are insufficient, and may also request re-registration, at any time.

Registration and use of the service are prohibited if you are under 18 and therefore scanning your Identification document is a condition for registration and use of the service. You must provide correct, accurate, and complete details during the registration for the service and at the time of the start of use and inform the company immediately in case of any change in your personal details, including the information required for the purpose of payment for the service. The Company may, in accordance with its sole discretion, require you to send your identification documents from time to time. If it becomes clear to the company, at any stage, that you are younger than 18 or if the identification documents are found to be insufficient, the company has the right not to allow you to register for the service or to cancel it if you have already registered.

Without detracting from the user's sole responsibility regarding the use of the service and the scooters in accordance with the terms of use and the requirement of any law, if it becomes clear to the company that you do not meet the requirements listed above and below, the use of the scooters will not be allowed.

The user account is for your personal use only. Users can’t create a new account using the same identification document under a different phone number. You may not transfer your user account to any third party or allow a third party to use your account or the scooter you rented using your personal account. You may not use any other third party's user account.

Without deviating from any other provision in the terms of use, the company will not be responsible for any damage, loss that you may incur as a result of third-party use of your user account.

You must notify the company, immediately, of any case of theft, unauthorized use, or any other breach of the security of the information in your user account as soon as you become aware of it.

The collection of the details and their storage will be done subject to the terms of use and the privacy policy of the company, which can be found in the link in section 14 of the terms of use, in the application and on the website, and subject to the law.

4. Basic conditions for using the services

A. Who may use the services?

Any person who meets all the conditions below and subject to the provisions of any law may use the service:

- is over 18 years old;

- Holds a driver's license and has successfully passed a theory driving test of the Licensing Office and holds any other permit/license required (as required) by law at the time of the actual rental, for the purpose of using the scooter;

- Has medical, physical and mental fitness in accordance with the law, as well as having experience and knowledge in the regular operation of electric scooters;

- knowledgeable about traffic and traffic laws;

- wears a helmet (as well as any additional protective equipment that may be required by law at the time of using the scooter) that complies with all relevant standards and the provisions of the law, and this for the entire time of riding the scooter;

You represent and warrant that you meet all the conditions above.

Without detracting from any other provision regarding the user's responsibility and exemption from liability on the part of the company, it is clarified that to the extent that you provide false information regarding your age, fitness, health status, as well as any other information, you will bear the full and exclusive responsibility for any harm, injury, disability, loss or damage caused to you and anyone This is because of this, and you will be subject to the penalties provided by law for providing false information.

B. Helmets.

Subject to availability, some of the electric scooters come with a helmet provided by the company. The use of a helmet and/or other protective equipment, which was provided by the company, does not eliminate the risk of physical injury in the event of an accident, and the risk rests solely with the user. If the user chooses to use the helmets provided by the company, the user must check that the helmet is in good condition, suitable for use, and that the straps match and are in good condition and must also return the helmet to its place at the end of use. For the sake of doubt, the company does not undertake to provide helmets, and the responsibility for wearing the helmet in accordance with the provisions of the law lies solely with the user.

A helmet provided by the Company shall at all times remain the exclusive property of the Company. If you do not return the helmet to its place at the end of use, you will be required to pay the company a fine according to the rate detailed in section 6 below.

C. Compliance with the law and delivery of identifying information to the authorities

The user will obey all traffic laws and regulations, relevant municipal laws and any other relevant legal provisions when riding the scooter, stopping and parking it and will ride the scooter in a careful and proper manner. You are aware that the company may provide details about you and the details of your use of the service and/or identify the user to authorized authorities and/or law enforcement agencies (including municipalities and local authorities), in the event that the user has committed an offense or a violation of the provisions of traffic laws or applicable laws (including urban laws), including the laws and regulations concerning the permitted area for riding, speed and parking, as the case may be, or in the case where it is legally obligated to do so.

D. Commitments and representations

In addition to the above, you acknowledge and agree that –

▪ You are aware that riding the scooter, on roads or tracks designated for this purpose, entails the risk of traffic accidents and other injuries, including due to vehicles, pedestrians and road conditions, and that you must maintain full vigilance while riding in order to avoid accidents;

▪ You bear full and exclusive responsibility for the quality and proper use of any equipment you use, such as helmets and/or additional protective equipment;

▪ You bear the full and exclusive responsibility to operate and ride the scooter in a careful and proper manner, only on roads or on designated routes and at the speed allowed by law and in accordance with the terms of use. For the avoidance of doubt, it is clarified that only one rider (who rented the scooter himself) can to use the scooter every time and that there is an absolute and strict prohibition to mount any person or animal and large object on top of the scooter;

▪ You are aware that the use of helmets and other protective equipment does not eliminate the risk of physical injury in the event of an accident;

▪ You bear the full and exclusive responsibility for any traffic offense, and for any fine or payment that may be imposed on you while you are using a scooter, including for parking the scooter in a prohibited place for parking, for not wearing a helmet, driving on sidewalks, driving at a speed exceeding the permitted speed, assembly in contravention to the law and more;

▪ You know that the service does not include insurance of any kind and that the company is not responsible for insuring your use of the scooter;

▪ You bear full and exclusive responsibility in any case of bodily or property damage that you may cause while using the scooter or while it is in your possession, and this in accordance with the provisions of any law;

▪ Adapt the way you ride the scooter to the prevailing weather conditions at that time;

▪ You may not remove, adjust or change any of the parts or components of the scooter, including accessories, and license number (if any); And you may not deface the company's scooter and accompanying equipment or damage them, or any part of them, in any way.

5. Payment and rates

The full and updated travel rates as well as the various rental packages (if any) are detailed in the application and are subject to change and update from time to time in accordance with the sole discretion of the company. The service rates may change depending on the start date of the rental and the rental area, and in this regard the determining time is the time the scooter is released from the lock in order to start riding.

Without deviating from the provisions of the terms of use, the service involves payments as follows, with the full and updated rates detailed in the application.

The rates are determined, among other things, based on the layout of the service in the city, the conditions of the area, permissions and instructions of the relevant local authority and may vary from city to city (or number of cities) and between different operational areas.

- Reserve scooter fees charged for ordering a scooter in advance and keeping it (subject to availability) until the actual start of the ride. The period from the time of ordering the scooter until the start of the actual ride will be referred to below as the "waiting period". The first 10 minutes of the waiting period are provided free of charge. For each additional minute during the waiting period, beyond the first 10 minutes as mentioned, the company will charge a per-minute reservation fee as detailed below and in the application. For example, in Tel Aviv and the Gush Dan, this rate will be 0.3 NIS; in Givatayim for 0.27 NIS; And in Acre for 0.3 NIS. This detail is not exhaustive and a full detail by city will appear in the application and may change from time to time (including regarding the duration of the period for which the company does not charge reservation fees). It is clarified that reservation fees will be determined according to the exact actual waiting time (in seconds) per waiting period, so that for the wait shorter than one minute, the proportional part of the reservation rate per minute will be charged. For the sake of illustration only: for a waiting period that lasted 11 minutes and 45 seconds in an area where the reservation fee is 1 NIS per minute, you will pay: 1 NIS and 75 Agorot (1.75X1 NIS).

- Unlocking fees – as detailed in the application.

- Use fees per minute – as detailed in the application. It is clarified that the use fees will be determined according to the exact actual duration of use/ride (in seconds) per ride, so that for rides shorter than one minute, the proportional part of the rental rate per minute will be charged. For illustration purposes only: for a rental that lasted 10 minutes and 45 seconds in an area where the use fee is 1 NIS per minute you will pay: 10 NIS and 75 Agorot (10.75 X 1 NIS).

- Standby fees charged for any pause of the riding (meaning, stopping the scooter and clicking on "standby" in the application) during the rental period (putting the scooter into "Standby" mode) for the benefit of keeping the scooter and the continuity of the rental period. For example, in Tel Aviv and Gush Dan area, this rate will be 0.3 NIS; in Givatayim for 0.27 NIS; And Acre for 0.3 NIS. This detail is not exhaustive and a full detail by cities will appear in the application and may change from time to time.

- Different rental packages (if and as detailed in the application).

- The company may charge you a monetary amount as a deposit or advance payment as a condition for receiving the service, in accordance with what is detailed in the application, to guarantee your obligations according to these terms of use. The company may delay your use of the service until you provide the required deposit. The company may use the amount of the deposit as collateral for any payment that the user will be charged in accordance with the terms of use. Upon termination of the service, as the case may be, the balance of the deposit, if any, will be returned to the user, at its nominal value, minus all charges that the user has been charged, or the full amount of the deposit will be returned to the user and the user will be charged for using the service, in accordance with these terms of use. The above does not detract from the company's right to collect, in addition to the deposit, other expenses or costs as they may incur in the event of payment enforcement, legal treatment or legal proceedings.

- Fines in accordance with the provisions in section 6 below.

The company may determine at its discretion different rates (i) in relation to renting different types of scooters; (ii) for each city (or number of cities) or operational area; (iii) for different geographical areas in the same city or in different cities, and (vi) different rates for different rental dates, including a rate derived from the number of users and the number of scooters available at a certain date/time or area.

The company will be entitled at any time to change the use rates, the rental packages, the amount of the fines and the other charges that will apply to the user, according to its sole discretion. The current rates for the services will be published in the application.

6. Fines

In the following cases, the company may impose and collect expenses or fines from the user, in accordance with the rates detailed below, and this is in addition to the use fees:

• Use of a scooter outside the operational area and restricted areas – 100 NIS.

• Parking or returning the scooter contrary to the instructions of the terms of use, in an improper manner, including outside the operation area or in a restricted unauthorized area - up to 300 NIS.

• If as a result of violating the instructions of the terms of use, the scooter was towed or moved from its place by the relevant authorities, or by the company, and as a result the company received a fine or incurred other expenses (such as the expenses of transporting the scooter) - 63 NIS.

• Failure to lock the scooter as stated in these terms of use – 200 NIS.

• Failure to return a helmet - 150 NIS.

7. Payments and charges

The charge for the use of the scooter will be made at the end of the rental. Payment for rental packages (if any) will be made at the time of ordering or as detailed in the application.

Payment for use is via credit card, debit card (Visa, MasterCard) or Apple Pay as entered by me in your personal account, and subject to its approval ("the chosen payment method"). By providing the details of the selected payment method to the company, you confirm and declare that you may use the selected payment method for the purpose of paying for the service. We may, from time to time and without having to notify you, add the option to use additional payment methods or stop and support payment methods that we previously supported.

You can change the selected payment method at any time, through the user account. You must use a selected payment method that belongs only to you and/or a payment method that you are allowed to use according to any law. You must make sure that the details of the selected payment method are current and valid and notify the company in any case of a change in the details of the selected payment method provided.

The company may use third parties for the purpose of completing transactions involving payment, such as payment, credit and clearing providers. In such a case, the use of the services will also be subject to the terms of use of those third parties and the contractual agreements between the user and those third parties.

All charges and payments will be charged using the selected payment method as entered by you in your personal account. After the payment is collected, you will receive a payment confirmation in the application and/or by contacting costumer support. If it is found that the chosen payment method has expired, is invalid or cannot be charged, the company may use a secondary payment method in your personal account, if it is available, and/or act to collect the payment/debt by any legal means available to it. Charges and payments made by you are final and non-refundable, unless otherwise determined by the Company. In the event of a debt or delay in payment for the services, we are entitled to stop the service until your obligation to pay is settled and the full payment will be received by you.

If it will not be possible to clear a payment you owe because of reasons for which you are responsible, the company may collect from you the expenses it incurs as a result, including sending reminders and collection costs. In addition, if you are in arrears in payments for the services, we will be entitled to charge for the balance to be paid, interest at a rate of five percent (5%) above the interest rate in the economy at that time and we will also be entitled to charge a fixed fee at the rate of 100 NIS for each written notice sent to you.

Subject to the provisions of these terms of use, the company will charge the amounts you owe for the services, including fines, automatically using the selected payment method. Any objection to payment shall be submitted to the company's customer service, in writing within 14 days from the date transaction was made.

All charges relating to the services include the relevant taxes, such as VAT.

8. Renting scooters

A. Single rental.

You may only rent one scooter at a time using your user account.

B. The rental period.

The rental period will begin at the time the scooter is rented using the application ("rental start date"), and will end in any of the following cases ("rental end date" and "rental period", respectively): (i) when it is locked and the return of the scooter in a proper manner and in accordance with the instructions of the terms of use, after the company has approved the return of the scooter through the application; (ii) Automatically after 15 minutes of idle time in the riding from the start of the rental (or another time period as updated in the application from time to time).

For the avoidance of doubt, any break/stop in riding during the rental period, for any reason, will be considered part of the rental period for all intents and purposes.

It is clarified that if the company cancels the rental in accordance with the provisions of the terms of use, the rental end time will be sooner accordingly.

Upon returning the scooter as required, you will be able to review the complete rental procedure through the application, including the amount to be paid.

Please note that if, according to the information received in the company's systems, no movement has been made on the scooter you rented for 15 consecutive minutes (or another time period as updated in the application from time to time) during the rental period and the scooter was not put into standby mode, the company may automatically lock the scooter preventing the inappropriate use and the rental end date, in this case, will be when the automatic lock has occurred. It is clarified that these 15 minutes (or any other time period determined for this purpose by the company) will be considered part of your rental period for all intents and purposes.

You must return the scooter in the same condition as you received it.

If the return of the scooter failed (for example, if the battery on your end device ran out or due to the inability to connect to the Internet), you must notify our customer service as soon as possible, through the application or through the contact information listed at the bottom of the terms of use. In such a case, the company will terminate the rental through its systems close to the time it notified the company about this. It is clarified that the end of the rental period in such a situation will take place at the time when the company terminated the rental for you, so that the length of time up to the date of the termination of the rental will be considered part of the rental period for all intents and purposes.

C. Availability and maintenance

Scooter rental is always subject to availability, on a first-come, first-served basis. Although we do our best to meet the demand for scooters by our customers, we cannot guarantee that the supply we have will be sufficient to enable scooter rental for every customer, in any city where the service is available and at any time and it is made clear that the user will have no claim in connection with that.

The company is responsible for the regular maintenance and repair of the scooters. However, this does not a commitment that all scooters available to users of the service will be in working order without any malfunctions at any given time. If you discover that the scooter needs repair; it was harmed; or its safety is questionable, you must report to the company immediately through the application or by contacting customer service in accordance with the details listed below. The user will not have any claim and/or demand and/or claim against the company due to malfunctions in the service, in whole or in part.

D. general.

• The service and the scooters are intended for private use only, and any commercial use of them is strictly prohibited.

• The use of the service requires an Internet connection (cellular communication/wifi, etc.) with the end device you use. You bear full responsibility for this connection and payment to any third party for Internet access.

• The quality and availability of the services may be affected by factors beyond the company's control, such as internet connection. Therefore, the company does not guarantee that the services, or any part of it, will operate properly on any hardware or end device.

• The company makes an effort to provide the services at any time but does not guarantee that the service will be available at any time, in full or in part, either as a result of a force majeure event or due to other circumstances that prevent the company from providing the service.

9. Instructions for using the scooter

A. Basic instructions

The use of the scooter is only allowed in the operational area. For your convenience, the boundaries of the operational area relevant to the place where you rented the scooter will appear on the map that will open in the application at the time of the rental. In case of leaving the operational area, you must follow the instructions that will appear in the application. Please note that after 5 minutes (or any other time determined in the application) of using the scooter outside the operational area, the company is entitled to automatically slow down and/or shut down and lock the scooter and this without detracting from the company's right to impose fines on you in accordance with the provisions in section 6 of the terms of use.

The user and he alone may ride the scooter. It is absolutely forbidden to ride other people besides the user while riding. Do not use the scooter for anything other than riding.

It is forbidden to carry any loads on the scooter that could affect the stability of the user and the safety of riding.

The use of a scooter is subject to your unqualified acceptance of all the risks involved in the use of a scooter as well as your knowledge and understanding of the legal provisions in Israel regarding the use, operation and riding of scooters, including regulations and traffic rules and the relevant municipal laws.

B. Prohibited uses

Without detracting from the other provisions of the terms of use and the law, do not use the scooter in any of the following cases or the circumstances described therein: (1) if you are under 18 years of age; (2) if you suffer from a physical or mental injury that prevents the safe operation of the scooter; (3) when carrying any object that may impair the rider's ability to operate the scooter safely; (4) When using a cell phone or any portable electrical device (including, but not limited to, for phone/video calls, sending messages of any kind, listening to music or any other use). It is clarified that the device for holding a cell phone or other mobile device as mentioned above on the scooter does not detract from the said prohibition and that any use of the device as mentioned is at the sole responsibility of the user; (5) the rider is under the influence of alcohol, drugs or any other substance that impairs or may impair his ability to operate the scooter and ride it safely; (6) for the purpose of violating the provisions of any applicable law, including but not limited to traffic laws; (7) for any commercial purpose or commercial use (including advertising use); (8) for the purpose of dragging, pulling, carrying or pushing any person or object using the scooter; (9) during abnormal weather conditions such as heavy fog, heavy rain, heavy hail, snow, lightning and thunder storms; sand and dust storms; (10) if there is a visible technical defect that may affect the scooter's suitability for riding; (11) For the purpose of competition, riding stunts and tricks, jumps or for riding that is not on paved roads or designated tracks.

Due to manufacturer restrictions, it is forbidden to ride the scooter if the total weight exceeds 100 kg.

Please note that riding is strictly prohibited in the areas/streets marked on the map as restricted areas at the time of the rental. Please note that these areas and streets are dynamic and may change from time to time, depending on the time of day when the rental takes place.

C. Safety.

C.1. It is the user's responsibility to comply with all instructions of the traffic regarding the use of a scooter. Please note:

• You must wear a helmet at all times while riding the scooter;

• Riding is prohibited unless the scooter is in good condition and suitable for use;

• Keep a distance from vehicles (including bicycles, other scooters) when riding, and make sure to ride carefully, paying attention to pedestrians. Use that endangers the user or third parties must be avoided;

• You must ride only on bicycle paths or on paved roads, designated for riding in accordance with the provisions of the law. Riding on sidewalks is strictly prohibited;

• The ride will be carried out at the speed allowed by law, and subject to additional restrictions that will be detailed in the application and that may vary from region to region and according to the time of the rental;

• You must ride the scooter in accordance with traffic laws, including, among others, obeying traffic signs and signage.

C.2. Before renting and releasing the scooter, the user will check the condition of the scooter (standing surface, handlebars, lights - front and back, device for holding a cell phone, hanging hook; brakes and tires, side mirrors (if any) and identification number (if any) etc.) , and the existence of the required equipment on the scooter in accordance with the provisions of the law (including a helmet), whether provided by the company or not, and refrain from using the scooter if it is not in working properly or does not comply with the provisions of the law. You must also examine the charging status of the scooter's battery and make sure that the level of charging corresponds to the scope of travel (travel time and length of travel) required by you. The user will report to customer service or through the application, a scooter that is not in working properly or any defect as mentioned. Do not make any changes to the scooter.

C.3. Presumption on the scooter that it does not include any defect, as long as you do not notify us of said defect within the first 10 minutes of the rental period. As soon as a malfunction of the scooter is discovered during use, for any reason, the user will end the rental period as required (including parking in the permitted place). It is clarified that this shall not detract from the user's obligation to make the payments for the rental period in accordance with the terms of use. Despite the aforementioned, the company will cancel the rental free of charge, if you notify us within the first 10 minutes after the start of the rental of any defect that may impair the scooter's suitability for riding.

In addition, the user will immediately report to customer service through the application or to the contact details listed below, of any malfunction in the scooter rental system and/or any other malfunction and/or accident in which he/she is involved regarding with the use of the scooter, loss, theft of the scooter or any unusual event.

D. Parking and placing a scooter

D.1. The scooter must be returned within the limits of the operational area and parked only in the places allowed for this as marked on the map in the application at the time of parking and subject to all laws and in accordance with the terms of use. As long as you return the scooter outside the operational area or park it in a place that is not allowed for parking according to the law, the terms of use or as detailed on the map in the application, additional financial charges may apply to you in accordance with the provisions in section 6 in the terms of use.

D.2. When you park the scooter, you undertake to follow the instructions of the law, the signage and any other conditions that apply in relation to the operational area where you park, including instructions that will appear in the application and are relevant to the operational area and the time you park. You must make sure that the scooter does not disturb any third party, including any other user in the road or in the sidewalk. In restricted parking areas (if and as they appear on the map that will be displayed in the application) you are required to park exclusively in the parking spaces (which will also be detailed on the application as mentioned above). Without detracting from the aforementioned, in order to avoid disturbing pedestrians and traffic in the public space, you are required to follow the instructions below when parking and positioning the scooter you are using:

(i) not block or cause obstruction of public areas; (ii) The standing or parking of a scooter on the sidewalk will only be allowed near the curb stones or next to the building and along it by making sure to leave a free passage of at least 2 meters on the sidewalk; (iii) Do not block bus stops (including the wheelchair maneuvering area near the station), entrances to houses or buildings. Also, do not leave/place the scooter near or in front of the facades of businesses (showcases), including Tel Ofan stations within a radius of at least 2 meters; (iv) Do not leave or park scooters in the area of public gardens, which do not have bicycle paths, also, do not leave or park the scooter in the gardening area of the municipal boulevards; (v) do not place or park scooters in the area of bicycle paths, on the road or in a regulated parking area; (vi) Do not place/park/leave the scooter within a radius of 50 meters from the entrance/exit gate to educational institutions ; (vii) Do not place/park/leave the scooter within a radius of 30 meters from bus stops; (viii) No more than 3 means of transportation shall be placed or parked together (as a group) in the public space, except in the following places, and provided that this does not cause a blockage, disturbance or obstacle on the way: (a) at the entrance to Israel Railways stations; (b) at the entrance to transportation centers/central stations (such as Riding Terminal, Arlozorov Terminal, Central Station and Carmelit Terminal); (c) at the entrance to sports centers such as: Bloomfield Stadium, Menorah Mivathim Hall, Hadar Yosef Sports Stadium, and Shlomo SIXT Hall; (d) in the parking spaces defined in restricted parking areas if this was indicated in the application at the time the rental began; (ix) Do not park or place the scooter near trees, road signs or any other signage, traffic lights, meters, machines for selling parking tickets, fences belonging to third parties, benches, warehouses, trash cans, before or near emergency exits or staging areas of fire brigades, at the entrance to parking lots, lowered sidewalks, public transportation access areas, aids that assist the disabled, crossings, where the scooter will cover advertising signs or other advertisements, urban furniture, areas designated for unloading and loading, in places reserved for users or other services, and in a manner General in any other place where such use is prohibited by law, including the regional regulations of the local authority in whose area you park the means of transport.

D.3. Immediately after parking it, you must take a picture of the parked scooter and send us the picture using the app, and this is a condition for the end of the rental. The user undertakes to lock the scooter when not in use and to take every step to maintain its proper condition. It is clarified that the sending of the aforementioned picture or the termination of the rental by the application does not constitute any confirmation on the part of the company that the parking was done legally and in accordance with the terms of use, and the aforementioned does not prevent the company or constitute any waiver on the part of the company with regard to the possibility of collecting fines for parking not in accordance with the terms of use .

D.4. Upon our request, you must be able to provide information regarding the exact location of the scooter you returned, for a period of forty-eight (48) hours after its return.

D.5. If the scooter is not returned at the end of use / parking is not performed and end of the rental period at the end of 24 hours from the start of the rental, in addition to paying the fines as detailed above, the company or someone on its behalf may notify the competent authorities that the scooter has been lost or stolen (if necessary, your details and your travel details will be transferred), or alternatively take possession of the scooter, if it will be found by the company. In this case, the company will be entitled to prevent the user from any future use of the service, and end the engagement with him and the user waives any claim in relation to this.

The loss of the scooter, including its theft, during the rental period is the sole responsibility of the user. In the event of such loss/theft, the user shall be fined in accordance with the provision in section 6 above.

10. Marketing messages and information; Yango Plus Club

A. When you create your user account, you agree that we will send you informative, operational, and marketing messages on behalf of the company, including companies from the Yandex group, through push notifications, as part of the ongoing operation of the services and your participation in them.

Sending push notifications depends on your end device support it. Please note that sending push notifications is a built-in feature in some end devices and that we cannot turn off or disconnect or turn on this feature on your device if you choose to stop receiving this type of messages. If you choose to stop receiving push messages, you will have to remove this option directly by using the relevant settings menu on your end device and in this case you will not receive any operational and informative messages about the Service.

B. Without detracting from the company's right to send messages to users as described in Clause A above, the company may, when you create your user account and provide your contact information, when registering for services or in any other way, request your approval and to the extent that you have given your explicit approval for this and according to your judgment, this approval constitutes your express consent to receive from us advertisements about products and services on behalf of the company, including companies related to it, third parties and business partners, through these contact details, as this consent means in section 30a of the Communication Law (Bezeq and Broadcasting), 1982. At any time, you may withdraw your consent and notify us of your refusal to receive advertising material, by contacting customer service or by sending a refusal notice in accordance with the details detailed in this regard in each message.

C. "Yango Plus" customer club - as long as the company offers its customers the opportunity to join a customer club, you will be able to join the "Yango Plus" club, or any other club as it may be in the future, which provides benefits to users of the various services of the application, in accordance with the club's terms of use which are binding with regard to the club. The company does not undertake to offer a customer club to its customers, and it may cancel the club, subject to the provisions of the law and the conditions of the club.

11. Responsibility

The use of the scooters (including accessories as provided by the company) and everything resulting from this are the sole responsibility of the user. The services do not include insurance of any kind, and the company is not responsible for insuring the use of scooters.

The service will be used as it is (AS IS) and the user will not have any claim or demand against the company and/or anyone on its behalf regarding the service's features, characteristics, limitations or suitability to his needs and requirements.

The company or anyone on its behalf does not and will not have any responsibility, for any damage of any kind or type, caused to the user or any other person and their property, arising from or related, directly or indirectly, to the scooter (including accessories provided by the company) or your use of it.

The user will bear full responsibility if the scooter is stolen or damaged, and he undertakes to compensate the company and/or anyone on its behalf for any such damage, including but not limited to the repair of the scooter, the purchase and installation of spare parts or the purchase of a new scooter. The user has the duty to inform the company and to Israel police in the event of an accident, including in cases of damage to third parties, their property or if the scooter is stolen, as well as to contact the rescue and medical services without delay, such as Magen David Adom, in the event of physical injury.

It is the user who bears the full, exclusive, and absolute responsibility for any damage of any kind and type, which may be caused to the property and to any person, including the user himself, related to or resulting from the use of the service, accident, damage, injury, or death, as well as damages or expenses caused to any third party or the user himself. The user will indemnify the company and anyone on its behalf for any damage and expense incurred by it under the above circumstances.

You agree and undertake to compensate the Company and anyone on its behalf for any damage, loss, loss-of-profit, payment, compensation or expense (including legal expenses and attorney's fees) incurred due to a violation of these terms of use. In addition, you will indemnify the Company and anyone on its behalf, in the full amounts required by it for any claim or demand raised against them by any third party as a result of any use you made of the service, and that amount will be considered a debt owed to the company by the user.

The user is solely responsible for the correctness and completeness of the scooter and for returning it in a complete and proper condition at the time and place set for this. The user is solely and completely responsible for any traffic offense or other criminal offense, as well as for any violation, wrongdoing, or action he commits, in connection with the use of the scooter. If, as a result of your violation of the terms of use, any fines or costs were imposed on the company (for example, in the case where the scooter was towed or moved from its place by the relevant authorities, or by the company, and as a result the company received a fine or incurred other expenses (such as expenses for transporting the scooter)), then the company will charge you for these fines or expenses, and this in addition to the use fees, as specified in the application and the terms of use.

12. Property rights

The user will not have any ownership rights in the scooters, website, application or service. The service, the website, the application, the scooters, as well as all the equipment accompanying them and any right or content contained therein (including the company logo, trademarks and brands, text, graphics, software, audio, video, images, illustrations, sounds) (collectively "the content") are the property of the company or any third party that has granted it a license.

The company grants the user a limited, revocable, non-exclusive, and non-transferable license to access and use the services or content. The user may not make any use, modify, process, copy, reproduce, reverse engineer, license, create derivative works, transfer or sell, publicly display or use the services or content for any purpose, commercial or otherwise, that is not personal and private use in accordance with the terms of use goddess.

13. Access and Interference

The user will not use any robot, web spider or other automated means to collect data or access the services for any purpose without express written permission from the company. In addition, you agree not to: (1) take any action that creates, or may create, at our sole and absolute discretion, an unreasonably or disproportionately large load on the website, the application and other company infrastructures; (2) interfere or attempt to interfere with the proper operation of the Site, the Application or any activities performed on the Services; or (3) circumvent any means we may use to prevent or limit access to the Services.

14. Privacy and confidentiality of information

The company respects your privacy when using the services. When registering for the services and using them, the company will collect personal information about you, including information that you provide or make available to the company (including personal information that you provide at the time of registering for the services such as your phone number, your identification card (including passport number and driver's license number), and the necessary information for the purpose of your billing for the use of the services, as well as personal information that you provide to us when handling your inquiries to our customer service, as well as personal information that the company may collect or receive in connection with your use of the service), all in accordance with the company's current privacy policy  which is an integral part of these terms of use, and subject to the law.

15. Commercial content

The company may, at its discretion, place commercial or other content, including advertisements and advertisements, on the scooters themselves, on the website and in the application and in any other part of the service system. Also, the website and application may contain links to various pages on the Internet and external sources. The company will not bear any responsibility for third party content that will be published as mentioned, and it does not check, verify or be responsible for the content of these publications or links or their reliability.

Such publication or link should not be considered as a recommendation, encouragement or opinion of the company in relation to the products, services or third-party content published as mentioned, and this does not constitute an encouragement to purchase them.

16. Cancellation of transaction

Cancellation of a transaction or package of services purchased by the user ("transaction") will be done in accordance with the provisions of the Consumer Protection Law, 1981 and other provisions of the law. The cancellation of the transaction will be done in accordance with the following provisions:

Cancellation of a transaction during the first 14 days from the date of making the transaction - the cancellation of the transaction will be from the date of delivery of the cancellation notice to the company, and all of the following will apply: (a) the transaction will be canceled and the company will stop providing the service; (b) within 14 days of receiving the notice of cancellation, the consumer will be entitled to the relative part of the transaction price paid by him (the consumer will pay the relative consideration for the service provided to him until the date of the notice of transaction cancellation); (c) The future charge (if any) of the consumer will be cancelled, and everything is subject to the Consumer Protection Law and the provisions of the law.

17. Changes in the rental system or the terms of use

The company maintains its exclusive right to make changes to the service and the set of scooters, including changes in the way of use, changes in relation to the services offered, their scope, location and availability, updates and upgrades to the system as a whole (including the scooters), changes of the website or the application, changes and updates to these terms of use, the privacy policy, changes and updates in rates, including but not limited to, service rates and types of rental packages, and this - at any time, at its sole discretion. Regarding the - the rate shown in the application at the time the rental starts is the determining factor. The latest version of the terms of use will be valid from the date of publication on the website or in the application, and we will try to provide advance notice in any reasonable way we choose of any substantial change.

In addition, the company may temporarily or permanently stop providing the services, all or part of them, at any time for any reason.

The user has the obligation and responsibility to keep up to date with the changes and corrections that will be made as mentioned, as much as they will be made. The company will be entitled to send users notices regarding such changes in the various means of communication. By receiving the services or using the services, the user acknowledges and agrees to receive such messages, as these are sent by the company or on its behalf, at its discretion, by any means of communication, without limitation, including but not limited to one of the following ways: SMS, push notification, in-app notification, etc.

18. Jurisdiction

Any matter concerning the use of the service or the scooters arising from or related to these terms of use shall be subject exclusively to Israeli law, and shall be subject to the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo, and no other court shall have jurisdiction in this matter.

Without detracting from the generality of the above, any claim or demand of the company against you in accordance with the indemnification clauses in these terms of use, can be filed against you in the court where the third party filed his claim against the company.

19. General

• The company may suspend or block or bring the contract with the user to immediate termination at any time due to non-compliance with the provisions of the terms of use or the relevant legal provisions.

• If the company did not make use of the rights granted to it according to these terms of use or according to the law in a particular case, this should not be considered a waiver of the same rights in other case and no waiver of rights and obligations according to these terms of use or according to the law can be learned from this behavior.

• No waiver, avoidance of action will be considered a waiver by the company of any of its rights and it will be entitled to use its rights, all or some of them, at any time.

• It will be clarified that every user that will have a valid Super-Pass subscription (monthly, quarterly, or yearly) on February 13, 2023 - despite the cancellation of these subscriptions, said subscription will remain valid until the end of the subscription period and in accordance with its original terms, and also will get 20% discount from the first minute of ride and 15 mins of additional free waiting period.

• Use of the service, website or application means that the user has read, understood, and agreed to the instructions of the terms of use, and that he waives any claim, demand or claim against the company, in connection with the service.

20. Our customer service

At any time you encounter a problem regarding the services, including in relation to any issue detailed in these terms of use, you can contact us or report it directly through the application, by pressing the "Customer Service" button. In addition, you can contact us with any question, request, complaint, suggestion, or any other issue specified in these terms of use, using the following contact information:

Phone: 972-33-741391

Email: wind.il.support@yango.com

Registered mail: Lincolen 20, Tel Aviv

Last updated: August 25, 2023