Welcome to the Jerufun bicycle rental service (the “Service” or the “Services”), which is being run through FSM City Mobility Ltd. (the “Company” or “We”) for the Municipality of Jerusalem, via Eden Jerusalem Economic Development Company Ltd. (both jointly: the “Principal”).
“Bicycle” – the ordinary bicycle and/or electric bicycle, as the case may be, which the Company makes available to Users of the Services.
“Electric Bicycle” – a Bicycle that is equipped with an auxiliary engine, and which includes, inter alia, the bicycle frame, the locking system, handlebars, brakes, chain front and rear axles, wheels and tires, bell, lights, seat, electric locking and activation unit and a global navigation system.
“Ordinary Bicycle” – a Bicycle without an auxiliary engine, which includes, inter alia, the bicycle frame, locking system, handlebars, brakes, chain, front and rear axles, wheels and tires, bell, lights, seat, electric locking system and global navigation system.
The “Application” – a software Application, which has been developed by the Company, and which runs on the Android and iOS operating systems, allowing for registration, login by photographing an identifying credential, entering of payment means and rental of a Bicycle from the docking stations and returning it to the docking stations.
“Terminal Device” – a device that is used by the User for renting a Bicycle through the Application.
“Subscriber” – a subscriber for the Service, whether in a single instance, or on a three-monthly or annual basis.
“Docking Station” – a specialized station of the Company located throughout the city Jerusalem, containing, inter alia, a bicycle docking device and terminal, which is connected to the Company’s command and control system. Rented Bicycles are taken from and are to be returned to the docking stations.
2. The Services
The categories and location of the Bicycles that are available near your location will be marked on a map that is displayed on the Application and on the Website. All Bicycles are and will remain at all times exclusively owned by the Principal through the Company.
3. Opening an account and registering for the Service
After registration and purchasing a subscription through the Website or the Application (including a single time user) and before using the Services, You must download the Application to your Terminal Device and log into the user account in order to rent a Bicycle.
At the time of registration, You will have to provide identifying information, such as a mobile phone number, email address; if You wish to use the Electric Bicycle, You will have to provide a scan or photograph of your identity card, passport and/or driving license, etc.
Scanning of an identifying credential is a condition to registration for and use of the Electric Bicycle service.
The Company is allowed, at its sole discretion, to demand that You send from time to time your identification documents, and cancel your registration for the Service if they prove unsatisfactory.
You must provide correct, exact and full information during the registration for the Service, and update the Company immediately in any case of change in your personal information, including to the extent required for payment for the Services.
The user account is for your personal use only. You are not allowed to create more than one user account. You are not allowed to transfer your user account to any third party and/or allow a third party to use your account.
You must immediately inform the Company of any case of theft, unauthorized use or any other information security breach in your user account, immediately upon learning of such a case.
4. Who is allowed to use the Services?
Use of an Ordinary Bicycle:
Any person above the age of 16 who has sufficient knowledge, experience and ability to ride an Ordinary Bicycle, and who is physically competent and capable for making ordinary, reasonable and safe use of an Ordinary Bicycle, and who has no medical or other restriction that may prevent the use of an Ordinary Bicycle, is allowed to use the Ordinary Bicycle.
Use of an Electric Bicycle:
Any person above the age of 16 who fulfills one of the following conditions: (1) has had a driving license issued (not including a grade 1 driving license); (2) has a valid driving license (who has passed inter alia a written driving test (“theory”) of the Ministry of Transport; and/or (3) has been given confirmation from the Ministry of Transport of his passing theoretical training in the use of an Electric Bicycle, has experience and physical competency as required by law, is familiar with the traffic and road transport laws, is allowed to use an Electric Bicycle, subject to the provisions of any law.
Without derogating from any provision to the contrary on the matter of the User’s responsibility and exemption from responsibility on the part of the Company, the Principal and any agent thereof, it is clarified that if You provide false information about your age, competency, health condition and any other information, You will bear full, exclusive responsibility for any damage, injury, disability, loss or damage that You and any other party will sustain as a result, and You will be liable for the penalties prescribed in the law for providing false information.
When riding the Bicycle, every User must wear a helmet in accordance with the provisions of the law; the Helmet will be of a standard type and will fulfill all relevant standards and statutory requirements. For the removal of doubt, the helmet is not furnished by the Company. It is clarified that the use of a helmet and/or other protective equipment does not eliminate the risk of physical injury in the case of an accident, and the risk is assumed by the User only.
The User is to obey all traffic laws and regulations and provisions of law when riding a Bicycle and is to ride the Bicycle in a careful, correct manner.
The Company is allowed to announce and/or identify the User before competent authorities and/or law enforcement agencies, if the User has committed an offense or violation of provisions of road transport laws or applicable statutes, or in the case of it assuming any statutory duty to do so.
All costs and all fines that will be imposed on the Company as a result of offenses or fines for which You are responsible will be transferred and endorsed to the User.
5. Payment and charge rates
All types of subscribers (not including registration for single time rental) may be purchased on the Application and on the Website; actual Bicycle rental will be done through the Application only.
Charge rates for single time use:
|Unlocking fee for single time rental (NIS)
|Usage fee – per minute of cycling or part thereof (NIS)
* The Bicycle unlocking fee for a single time rental will be paid in advance, for each separate rental and independently, irrespective of the usage time. The usage fee will be charged in addition to the unlocking fee for a single time rental according to the actual usage time.
Cost of subscriptions:
|Cost for Yerushalmi cardholders (NIS) after a 25% discount*
|Three monthly subscription
|Usage fee for subscription holders (three monthly and annual)
|Usage fee for each minute of cycling or part thereof (NIS)
|Ordinary Bicycle – up to half an hour of continuous use from the time of unlocking the Bicycle
|Ordinary Bicycle – each additional minute or part thereof (past half an hour)
|Electric Bicycle – for each minute of cycling or part thereof (from the first minute)
* It is clarified that the responsibility for registering the User for the Yerushalmi database is assumed by the User, and the discount will be given subject to the updated information on the municipality’s website as given to the Company. The Principal and/or the Company are not responsible in any way for the Yerushalmi database, for registration thereto, the currency of the data therein, etc. Any argument from the User on or related to this matter is to be referred exclusively to the Jerusalem Municipality.
|Return of a Bicycle 24 hours after the time of unlocking (rental start time), in addition to charges for renting the Bicycle for 24 hours. Upon imposing this fine, the regular charges for Bicycle use time will be sopped.
|Return of a Bicycle to a station 48 hours after the time of unlocking (rental start time). This charge is in addition to the charges specified in the previous section.
These charge rates will apply to all Users of the layout. The charge rates may be updated from time to time, and the binding charge rates will be those published on the Website.
Any use of an Ordinary Bicycle exceeding 30 minutes for an annual or three monthly subscription will be charged a surcharge in accordance with the cumulative use time (charge rates by minute, third table in Section 5 above); the calculated use time for the Ordinary Bicycle for an annual or three monthly subscription will be reset if the Bicycle has been returned to a Docking Station for more than 10 consecutive minutes, to the effect that after 10 minutes, the User may use a Bicycle for 30 minutes more at no cost.
The Company will be allowed to change the charge rates of the subscription fee, the usage fee, the amounts of the fines and other charges that will apply to the User from time to time, at its sole discretion. A notice of change in the charge rates will be published by the Company on the Website and in the Application.
7. Payments and charges
The charge for use of the Bicycle / the Services will be made after the rental is finished and the Bicycle returned to the Docking Station. Upon the opening of and within a user account, You may be able to load money into the virtual wallet in your personal area (the “Credit Account”) in order to pay the payments that You will be charged for using the Services. The payment is by credit card only, and is contingent to its approval (the “Selected Payment Means”). The Service may not be paid for using a gift card, cash card or debit card.
You can change the Selected Payment means at any time, through the user account. You must use a Selected Payment Means that belongs to You only and/or a payment means that You are allowed to use by law. You must make sure that the information of the Selected Payment Means is current, correct and valid, and inform the Company of any change in the information of the Selected Payment Means that has been provided.
All charges and payments will be collected through the Selected Payment Means as entered by You in your account, after collection of the payment You will receive a receipt by email. If it is found that the Selected Payment Means of your account has expired, is invalid or cannot be debited, the Company may use a secondary payment means in your account, if it is available and/or take action to collect it using any lawful means available to it. Charges and payments that have been made by You are final and nonrefundable, unless otherwise determined by the Company. It is clarified that Users who are in debt will not be allowed to use the layout.
If and to the extent that there is a positive balance in the User’s Credit Account, the Company will use this balance for payments that are due, and the Selected Payment Means will be used for any payment or additional payment balance.
The User’s Credit Account balance has no expiry date throughout the term of the agreement. In the case of conclusion of the agreement, all of the balance that is in your Credit Account, will be transferred, upon your request, by a check to your order.
8. Bicycle rental
The Bicycle rental time will start when performing the Bicycle rental action through the Application and unlocking the relevant Bicycle, and will end upon correctly locking and returning the Bicycle to the locking station.
The Bicycle is intended for private use only. Any commercial use of a Bicycle is strictly prohibited. The User declares that he is aware that only he himself is allowed to ride the Bicycle and that taking other people along other than himself on the Bicycle while riding it is strictly prohibited. The User undertakes not to add to the Bicycle a seat or perform any change to the Bicycle that allows another person to ride on it as a passenger.
Carrying of a load is permitted only in the intended place. The user is aware that no loads that may affect the User’s stability or cycling safety may be carried on the Bicycle, except by using the front carrying device, which is designed to carry lightweight items only that do not endanger the User’s stability, safety or surroundings during cycling.
The use of the Services requires an Internet connection (cellular / Wi-Fi connection, etc.) with the Terminal Device that You use. You assume full responsibility for the said connection and for payment to any third party for Internet access.
The quality and availability of the Services may be affected by parties that not under the Company’s control, such as the Internet connection. Therefore, the Company does not warrant that the Services or any part thereof will operate, or operate correctly, on any hardware or Terminal Device.
9. Bicycle use instructions
The use of Bicycles is subject to your unqualified acceptance of all of the risks involved in using Bicycles and your familiarity with and understanding of the provisions of law in Israel in relation to the use, operation and riding of Bicycles, including road transport regulations and rules that refer to the use of Bicycles and riding on cycle paths / lanes. A Bicycle is not to be used other than for riding purposes.
In accordance with the Road Transport Ordinance, wearing a helmet while riding an Electric Bicycle is mandatory.
The User is responsible for following all provisions of the Road Transport Ordinance in relation to the use of the Bicycle. Without derogating from the entirety of the foregoing:
Riding a Bicycle is prohibited unless it is in a good condition and fit for use;
A Bicycle is to be ridden on the fixed seat connected to the Bicycle only;
A vehicle driving on the road must not be held onto and no person is to be towed using a Bicycle;
A distance is to be maintained from vehicles when cycling, and the User must cycle safely, with attention to pedestrians. Any use that endangers the User or third parties must be avoided;
Only cycle paths and paved roads designed for cycling in accordance with the provisions of the law may be ridden on;
The User must ride the Bicycle in accordance with the traffic laws, including inter alia in compliance with road signs and other signage.
Before renting and unlocking the Bicycle, the User is to inspect the serviceability of the Bicycle (brakes, lighting, handle bars, tires, chain, pedals, etc.), check for the equipment required on the Bicycle in accordance with the provisions of the law (including belt and reflectors, lamp during times of darkness, and equipment that is not furnished by the Company but the user is required to have such as a helmet), and is to refrain from using the Bicycle if it is unfit for use or does not comply with statutory requirements. The User is to report to the Company’s service desk (the “Telephone Desk”) or via the Application of a Bicycle that is unserviceable or any such flaw and/or deficiency. In addition, the User undertakes to adjust the Bicycle’s seat height to his physical size. No modification to the Bicycle except adjusting the seat height for the rider is permitted.
In addition, the User is to report immediately to the Telephone Desk any fault in the Bicycle rental apparatus, including in the Application, in the docking places and/or in Bicycles and/or any other fault and/or accident in which he will be involved in relation to using a Bicycle and/or loss and/or theft of the Bicycle and/or any adverse event.
The User is to return and lock the Bicycle at a Docking Station and is to connect the Bicycle to the Docking Station as required. If the Bicycle is not returned to one of the Docking Stations after 24 hours and connected to the station as set forth as required, in addition to the payment of fines set forth above, the Company and/or the Principal, or an agent thereof, will be allowed to inform the competent authorities that the Bicycle has been lost or stolen, and/or seize the Bicycle, to the extent that it is found thereby. In such a case, the Company and/or the Principal will be allowed to deny the User any future use of the Service, and bring the engagement with him to an early conclusion, for which the User waives any argument.
It is clarified that the rental may be finished outside of the Docking Stations. Notwithstanding the foregoing, to the extent that the Docking Station to which the User is interested in returning the Bicycle is full or occupied, the User will be allowed to contact the Company via the Application to get permission and directions for docking by locking it by himself and finishing a rental without connecting it to a docking place, as long as the Bicycle is locked in the area of the locking station in accordance with the Company’s directions in its answer to the request. The Company will be allowed, at is sole discretion, to permit / reject the end of the rental and independent locking as set forth. The User must make sure that the Bicycle has been inserted properly and connected to the docking place.
At the end of use, the User undertakes to return the Bicycle to the Docking Station in the state in which he received it, except for reasonable wear.
The User undertakes to lock the Bicycle when it is not in use and take every step to protect its integrity and serviceability. For the removal of doubt, it is hereby clarified that the usage fee will continue to apply while the Bicycle is not on the move or is not being used by the User, including to the extent that the Bicycle is locked independently by the User (should the Company permit such locking), until the Bicycle is returned and connected as required to the locking station.
A lost of a Bicycle, including theft during rental, is at the User’s sole responsibility. In the case of such loss / theft, the User will be charged a sum equal to the maximum fine total (NIS 2,500).
The use of the Bicycle and everything arising from it is at the User’s sole responsibility. The Services do not include insurance of any type, and the Company is not responsible for insuring the use of the Bicycle.
The Company and/or the Principal and/or any agent thereof has and will have no liability for any damage of any type or kind, which will be sustained by the User and/or any other person or their property, which arise from or is related, directly or indirectly, to Jerufun and/or the Bicycle and/or the use thereof.
The User is the one to bear the full, exclusive and absolute responsibility for any damage of any type or kind, which will be sustained by any property or person, including the User himself, in relation to or arising from the use of the Service, including due to loss and/or theft of the Bicycle and/or an accident and/or collision and/or injury and/or disability and/or death and/or damage and/or expenses that will be sustained by any third party and/or by the User himself. The User will indemnify the Company and/or the Principal and any agent thereof for any damage and expense that they will sustain in the circumstances above. The User is exclusively responsible for the serviceability and intactness of the Bicycle and for returning it intact and serviceable at the scheduled time and connecting it as required to the Docking Stations. The User declares that he is aware that he is solely and absolutely responsible for any traffic offense or other criminal offense, and for any tort or action that he commits, in relation to the use of the Bicycle.
The Service is being provided for use as is. The User will have no argument, claim or demand towards the Company, the Principal or any agent thereof owing to the properties, characteristics or limitations of the Service or its suitability for his needs and requirements.
Without derogating from the foregoing, it is clarified that any claim and/or demand and/or complaint in relation to the Service and/or the use thereof and/or for damage that may be sustained by the User owing to the Service and/or receiving any services in relation to the Bicycle and/or as a result thereof, in any manner, is to be addressed to the Company only; no argument, claim or demand of any kind on the part of the User and/or any representative thereof is to be addressed to the Principal.
11. Risks and no Company or Principal liability
The User accepts all of the risks involved in riding a Bicycle, and finally and irrevocably relieves the Company’ the Principal and their agents from any such responsibility. The User declares that he is aware that riding a Bicycle is a dangerous activity that involves risks, such as physical injury, property damage, partial or total disability and/or death. The User declares that he is aware that there are anticipated risks in relation to using the rental layout and/or the Services and/or riding the Bicycles and he accepts all responsibility for any such risks, including risks arising from the negligence of third parties and damage that may be sustained by third parties due to the Use. If the Company and/or the Principal are required to pay any damages, compensation and/or expenses arising from the causes set forth or any matter related to the use of the Service, including trial expenses and attorney fees, the User undertakes to indemnify all and/or some of them forthwith, to the full amounts that will be demanded by them, or any of them, and that amount will be considered as being a debt that is owed to the Principal and/or to the Company by the User.
12. Proprietary rights
The User will have no proprietary rights to the Bicycle and/or the Website and/or the Application and/or the Services. The User declares that he is aware that the Service, including all Bicycles and Docking Stations, and all equipment attendant thereto, is the sole property of the Principal, through the Company.
The Company grants the User a limited, revocable, nonexclusive, nontransferable license to receive access to and use the Services or the content thereof. All of the content appearing or shown in the Services, including but not limited to text, artwork, photographs, pictures, sounds and illustrations is owned by the Company, its licensees and/or its suppliers. The User is not allowed to modify, process, copy, duplicate, reverse engineer, license, create derivative work from, transfer or sell any information that is included in the Services.
13. Privacy and secrecy of the information
14. Commercial contents
The Company (including the Principal) is allowed, at its discretion, to present at the Docking Station or on the Bicycle itself, on the Website or in the Application and any other part of the layout, commercial and/or other contents, including advertisements and notices. The Company will not bear any liability for contents that will be published as set forth, and it does not check or verify and is not responsible for the content or the veracity of these publications.
Such a publication is not to be considered as a recommendation, encouragement or opinion of the Company and/or the Principal in relation to the products and contents and does not constitute encouragement to purchase the same.
15. Cancellation of transaction
A transaction for purchasing an annual or three-monthly subscription (“Transaction”) will be done in accordance with the provisions of the Consumer Protection Law, 5741-1981 (the “Law”) and the Consumer Protection Regulations (Cancellation of Transaction), 5771-2010 (the “Regulations”). Without derogating from the foregoing, the Transaction will be cancelled in accordance with the following provisions:
The “Transaction Date” – the date on which the Company provided the consumer a document containing the details of the order of a Transaction that has been engaged in (after or on the date of engaging in the Transaction).
Cancellation of a Transaction within the first 14 days from the Transaction Date – cancellation of the Transaction will be effective from the date of giving 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 cancellation notice, the proportion of the Transaction price paid by the consumer will be refunded thereto (the consumer will pay for the proportion of the consideration for the Service that has been provided to him for the Transaction, until the date of notice of cancellation of the Transaction); (C) the future debit (if any) of the consumer will be cancelled, and the consumer will be provided a notice of cancellation of such a debit;
For a Transaction that the consumer has given a cancellation notice for after 14 days have elapsed from the Transaction date – the cancellation date as date will be within 3 business days of the date of giving a cancellation notice as set forth to the Company (if the cancellation notice was given orally and/or by email and/or by facsimile) or within 6 business days of the date of sending the notice to the Company if a notice was sent by registered mail, if the consumer did not specify a later date in the cancellation notice, in which case all the following will apply: (A) the Transaction will be cancelled and the Company will terminate the provision of the Service; (B) within 14 days of the day of receiving the cancellation notice, the proportion of the Transaction price that has been paid by the consumer will be refunded thereto (the consumer will pay for the proportion of the consideration for the Service that was provided to him for the Transaction, through to the Transaction cancellation date); (C) the future debit (if any) of the consumer will be cancelled, subject to the Consumer Protection Law and any other law.
The User has the duty and responsibility of learning of modifications and/or amendments that will be made as set forth, to the extent made. The Company will be allowed to send users notices on such modifications through the various media, including by telephone, email and mail. By receiving and/or using the Services, whether casually or in a subscription, the User confirms and consents to receiving such messages, to the extent that they are sent, whether by the Company, the Principal or by third parties on their behalf, at their discretion, through any media, without limit, including but not limited to by email, automatic voice messages, text messaging, fax, etc.
Without derogating from the right of the Company and/or the Principal to send the users messages as described above, registration for the Service and marking the option for confirming receipt of advertisements in relation to Jerufun in accordance with the Communications Law (Telecommunications and Broadcasting), 5768-2008, including by facsimile, automatic dialing system, electronic message or short messaging service. The customer will be allowed to cancel receiving the receiving of advertisements at any time by contacting the Company at its email address appearing on the Contact page of the Jerufun website or by calling its Principal service at telephone*8230.
No waiver, refrainment from action on time or extension given will be considered as the Company and/or the Principal waiving any of their rights, and they will be allowed to exercise some or all of their rights whenever they see fit.
The User declares that he is aware that the numbers of the Docking Stations and the Bicycles that are included in the Service are limited, and is aware that some of them will not be active / available from time to time. In addition, the User is aware that the Docking Stations may not allow Bicycles to be returned due to full occupancy thereof and/or taking of Bicycles due to a lack of Bicycles and that he will have no argument and/or demand and/or claim against the Company and/or the Principal owing to this.
This document and its provisions exhaust, contain, embody and express all of the covenants between the User and the Principal and/or the Company in relation to the use of the Service.