GoTo: Your Go-To Shared Mobility App

CONTRACT TO JOIN THE COMPANY'S SERVICES - PRIVATE AND BUSINESS SUBSCRIPTION 

 

Between: The subscriber, the information of whom appear in Appendix A 

   (hereinafter: “the subscriber” and/or “the renter”). 

And:     The company GOTO GLOBAL MOBILITY Ltd. P.C. 514145036, 20 Lincoln St., 

   Tel Aviv. Tel: 8255*, fax: 03-5220523, e-mail: info@gotoglobal.com

   (hereinafter:” the company”).

  

1. General 

 

1.1. The introduction to this contract and its Appendices constitute integral parts thereof including the compliance with its terms. 

1.2. The headlines and subtitles in this contract, are in place for the purpose of orientation only, and should not be used for the interpretation and/or understanding thereof, nor will they be used to determine the parties’ opinion of this contract. 

1.3. In these contractual documents, any use of the singular form will apply to the plural form and vice versa; any gender specific form will include all genders; and any reference to a person may also refer to a corporation, legal or other entity. 

1.4. The following terms in the contract will have the interpretation and/or meaning stated beside them, as set forth hereinafter, unless otherwise implied by the context: 

1.4.1. The documents of this contract including its Appendices are as set forth in section2 herein. 

1.4.2. Subscriber: The applicant whose information appears in Appendix A of this contract and/or on the subscription application form, whose eligibility to receive the services was approved by the Company. 

1.4.3. Subscription Card: a smart card, a cellular application or any other means issued under the subscriber’s name, facilitating access and utilization of the service. 

1.4.4. The vehicle: A vehicle from the car sharing pool, intended for subscribers’ use. 

1.4.5. The vehicles: small cars (sedans), vans and any other transportation means the company may offer for shared rental under this contract.

1.4.6. Round Trip Car Sharing Model: A vehicle from the fleet intended for roundtrips (i.e., where the vehicle is returned to the same designated parking space from which it was taken by the Subscriber). 

1.4.7. The website: The company’s website (including a cellular adapted website) the address of which is: https://gotoglobal.com/he/goto-israel/, or as it may be from time to time. 

1.4.8. Application/s: the Company’s mobile applications used for the car sharing service, as may be from time to time. 

1.4.9. User Guide: A subscriber’s guide, stating the Subscriber’s obligations pertaining to their use of the vehicles and/or the service thereof, and subject to the terms of this contract, as may be updated from time to time. The most updated versions of the User Guides (the How2Go Guides) are published on the Company’s website.  

1.4.10. The service Plan: One of the service plans, as updated from time to time and detailed on the website. 

1.4.11. The vehicle rent provider: the Company or any vehicle rental Company the Company is associated with for the purpose of providing the services set forth in this contract. 

1.4.12. Additional Driver: another driver included in the service contract per the subscriber's request, whose information must be provided to the company and approved by it. Up to two additional drivers can be added to a personal subscription in addition to the driver whose subscription it is. Only a first-degree relative of the subscriber may be an additional driver. In the event of an unmarried couple, a certificate confirming their common-law marriage or shared residency status must be provided. In a business subscription, the number and/or family ties of any additional drivers do not constitute a restriction, provided however, all such drivers are employed by the subscriber. 

1.4.13. Car Rental Period: The period that begins with the unlocking of the vehicle (swiping the smart card through the vehicle’s contact interface with the mobile application) (“initiation of car rental period”) and ends upon returning the vehicle to the designated parking space in accordance with the trip model the car is assigned to, upon the later of: (a) locking of its release through the application and/or pressing the end-of-order button (by swiping the subscription card through the vehicle's contact interface or through the application, or (b) at the time stated in the order made by the subscriber (”end of car rent time”), as the case may be. It is hereby clarified that the period payment for the car rental is calculated in accordance with the provisions of this contract, separate and distinct from the “car rental period” above. 

1.4.14. Service/Services: The essence of the car sharing service, is to allow Subscribers to rent vehicles for various periods of time, from and back to any company’s designated parking space during use of such service. The Company cannot commit to the availability of parking spaces and/or vehicles, and/or a specific type of vehicle, nor can it commit to a certain area and/or time. The services also include the application, the website and company services pertaining to the foregoing.

1.4.15. The system: an internet and/or application based system that records, inter-alia, the time an order was placed, the duration of use, the distance, the location and other data relevant to the subscriber’s use of the service, from which the charge is derived, subject to the plan subscribed to and the type and model of service used. 

1.5. Subscriber entitlement to receive the Services (as defined in this contract) is subject, inter-alia, to his/her compliance with the terms set forth in this contract. The Subscriber is required to read the conditions detailed herein carefully, as they constitute a binding contract between the Subscriber and the company. 

1.6. In the event that the Company deviates from the provisions in this contract in one or more specific instances, at their own discretion, this shall not in any way constitute a binding precedent, nor shall it obligate the Company to act similarly in any other instance. 

1.7. The record in the Company’s computers regarding the services and/or acts carried out via the website and/or the cellular application and/or the system, will constitute conclusive evidence of the accuracy of such acts and the details thereof. 

1.8. In all matters related to any other links in the company’s website, the Company will not be held liable for the content, information or any other detail pertaining to such sites. 

  

2. Appendices

 

All the Appendices detailed hereinafter constitute an inseparable part of this contract, whether or not they are attached to it: 

2.1. Appendix A -  - Appendix of the service plans, costs and related services (as published on the website, and updated by the Company from time to time at its sole discretion); 

2.2. Appendix B: The User Guide (as published on the Website, and updated from time to time) according to the service model and the type of vehicle the Subscriber uses.

2.3. Appendix C - Vehicle inspection form before starting a trip (in the application and/or vehicle, and barring other options, with the approval of the service center). 

2.4. Appendix D: A Foreign Drivers' declaration (to be mailed by the service representative). 

  

3. The essence of the association and the service plans

 

3.1. This contract constitutes a service registration agreement, i.e., a renting agreement by hours/ minutes/ seconds , whether offered by the company itself, or by its authorized renter, whereby the company allows the member to rent an available vehicle subject to availability, for various, pre-determined periods of time. 

3.2. This contract shall apply Mutatis-Mutandis, and unless otherwise expressly provided for in this contract, to any future service offered by the Company. 

3.3. The rental period will commence at the parking spot, or at the location of the vehicles, as pre-determined by the member through the system. 

3.4. Completing the ride and returning the vehicle must be at the same parking spot, or another parking spot listed in the application as that vehicle’s designated parking spot, or any other parking spot approved by the company.

3.5. As consideration for the services, the member will pay the amounts as stated in section 6, and subject to provisions of this contract and its appendixes. 

3.6. For vehicles, the service plan selected by the member is as specified in Appendix A. The member may switch service plans from time to time, from among the service plans listed on the website, provided that the selected plan is open to new registrations. The Company may update its service plans from time to time at its sole discretion, by advanced notice, as set forth in Section 2.1 

3.7. It is hereby clarified that the option of renting vehicles is subject to their availability. The company will do its utmost to provide a reliable service and ensure the availability of the vehicles, but, for reasons beyond the company's control, the Company may sometimes be unable to operate the service in full or in part. 

  

4. Contract period 

 

4.1. The contract period is the period specified in Appendix A containing the service, costs and associated services). At the end of each contract period , the subscription will be renewed and the contract period will be extended automatically by identical periods , unless the member has expressed their desire to end the association and/or freeze the Subscription according to section 11.11. 

4.2. Termination of the association prior to the end of the contract period as set forth in section 4.1 above, must be done by a termination notice including the member’s name, I.D/P.C (as the case may be) and the last four digits of the Subscriber’s credit card with which he or she have paid for the subscription, and said notice may be submitted using one of the following channels, as determined by the Subscriber (hereinafter “Notice of Termination”):  

4.2.1. Orally – By telephone or in person at the Company’s offices, the details of which appear above. 

4.2.2. In writing – By registered mail, email or fax, using to the Company’s details, which appear on the Company’s website. 

4.3. Termination of the association will become effective three (3) business days after receipt of the notice of termination at the Company’s office, and if submitted via registered mail – six (6) business days after submitting the notice, as long as the Subscriber did not specify a later date for cancellation (hereinafter “the cancellation date”). It is hereby clarified that the termination of this association shall not apply to the services provided prior to the date of termination. 

4.4. The Company reserves the right to terminate the agreement with a Subscriber outlined in this contract at any time and with no advanced warning. 

4.5. Upon termination of this contract, for any reason, the Subscriber must return the smart card to the Company. 

  

5. Refund of Payments Due to Termination of Service 

 

According to the provisions set forth in Appendix A (Service Plan, Costs and Associated Services), the subscriber will not be entitled for refunds, per the terms of the service plan to which the Subscriber signed up. 

  

6. Consideration of Services, Associated Services and Method of Payment 

 

6.1. The agreed-upon consideration for the services and associated services , as defined in Appendix A of this agreement , will be the consideration set forth in Appendix A.   

6.2. All of the prices stated in this Agreement and its Appendices, include VAT, unless otherwise indicated. 

  

7. Chapter A - Special instructions for the services included in the vehicle sharing system 

 

7.1. Making, changing or cancelling Reservations 

The Subscriber or the additional driver may order the service at any time, by any means provided by the company for making a reservation , and do so in the manner described in the section  below.  

7.1.1. Booking a Vehicle 

7.1.1.1. During the first use of the service and prior to the first drive, the user must dial the call center number, *8255 to activate the smart card (which is in the car’s glove compartment), so it may be charged to his or her account. The user must carry the smart card on their person at all times while using the service. The smart card makes using the vehicle possible when the cell phone is inactive or using the application on the cell phone is denied due to communication problems and so forth. the company is not committed to the smart card’s intact operation and its availability. The company, at its own discretion, may demand the use of a smart card as well as impose any expenses incurred by the user, if such user was not carrying or did not activate the smart card, which resulted in the company being charged for extraction and towing costs.

7.1.1.2. For the purpose of using vehicles, they must can be ordered by the application or by a telephone call to the company’s customer service representative. However, the company reserves its right to add and/or derogate means of booking from time to time, and it must inform the members of such changes on the application and/or the website and/or by giving the members notice.

7.1.1.3. Changes, cutting short, extending and cancellation of the reservation, come with an additional fee in accordance with the plan and the model the member and/or the reservation is attributed to, as detailed in Appendix A

7.1.1.4. It is hereby clarified that any changes made by additional drivers under the same subscription, and without derogating from the provisions set forth in this agreement, such notice provided by an additional driver will for all intents and purposes result in a charge to the Subscriber. 

 

7.2. Use and Maintenance Terms and Conditions 

 

In any place where the word “Subscriber” appears in this section 7.2 , it will refer to “the Subscriber and/or the additional driver” and the all obligations under this section7.2, will apply to both the Subscriber and the additional driver. 

7.2.1. Only the Subscriber and/or the additional driver are authorized to use the vehicle in accordance with the terms of this agreement. 

7.2.2. The right to use the vehicle is exclusive to the Subscriber and/or the additional driver and is non-transferrable. In addition, the use of the membership card will be made exclusively by the card holder. 

7.2.3. Prior to using the vehicle, and as a condition thereof, the Subscriber must inspect the vehicle as instructed on the application, and if the application is not operational, as set forth in the inspection form attached to this agreement as Appendix C. In the event that the Subscriber finds a flaw in the vehicle, he or she must report said flaw to the Company prior to using the vehicle, otherwise the subscriber will be considered to have declared that he or she were given an intact and flawless vehicle.  

7.2.4. The subscriber must promptly notify the company of any interior or exterior damage to the vehicle, whether detected during the inspection or during the actual use. 

7.2.5. In case of any damage detected after the vehicle is returned, which was not reported to the company, the Subscriber who was the last user will be held liable for such damage, unless he or she had reported the vehicle’s condition by uploading photos of the same on the application and inasmuch as such report clearly indicates that such damage was not caused by the subscriber and/or in the course of using that vehicle. 

7.2.6. Using the vehicle as set forth herein is categorically prohibited : 

7.2.6.1. By a person who, at the time of driving, is not a holder of a valid Israeli driving license. It is hereby clarified that using and/or driving a vehicle without a valid Israeli driving license, as stated above, are prohibited, and are not covered by any insurance and/or other coverage. In such a case, any liability for damage to body and/or property, to the Subscriber and/or the driver and/or to a any third party and/or the Company, shall apply only to the Subscriber, and if the Subscriber is not the driver, to the Subscriber and the Driver, jointly and severally.   

7.2.6.2. Driving on roads that are unpaved, dirt based or generally unsuitable for safe driving. 

7.2.6.3. Using the vehicle to transport passengers and cargo for a fee. 

7.2.6.4. Using the vehicle for racing and/or speed tests and/or any other competitive sport. 

7.2.6.5. Using the vehicle for towing or pushing any type of trailer. 

7.2.6.6. Using the vehicle for transporting explosives and/or hazardous materials 

7.2.6.7. Using the vehicle for transporting a number of passenger higher than stated in the vehicle’s license. 

7.2.6.8. Using the vehicle under the influence of drugs and/or alcohol and/or any dose of medications that might affect his/her level of alertness. 

7.2.6.9. When the Subscriber has a medical condition or disability that prevent him or her from holding a driver’s license and/or from operating the vehicle. 

7.2.6.10. Using the vehicle for illegal purposes. 

7.2.6.11. Using the vehicle for transporting animals and/or putting animals in the vehicle for any other purpose, unless explicitly stated otherwise in the vehicle specifications, on the website, in which case the Subscriber must strictly adhere to the instructions on the website. This authorization does not constitute a modification or nullification of the remaining commitments in these vehicles, if any such exist. The vehicle must be returned clean, with no hair/fur and with no odors or damage to the vehicle and/or upholstery. For the removal of all doubt, a buy back deductible insurance plan may not apply in any damage caused by the foregoing. 

7.2.6.12. Loading cargo on the vehicle.  

7.2.7. Using the vehicle is only permitted within the State of Israel and therefore it is prohibited: 

7.2.7.1. Outside of the territory of the State of Israel. 

7.2.7.2. The vehicle may not be used in areas under the control of the Palestinian Authority. 

7.2.7.3. Beyond the Green Line, except in Area C and the Golan Heights. 

7.2.8. Operating the vehicle must be in compliance with the provisions in this contract and its Appendices, as well as the User Guide. 

7.2.9. Refueling:

7.2.9.1. The vehicle must be refueled exclusively with the fuel specified in the vehicle’s handbook. 

7.2.9.2. Refueling the vehicle must be done as follows: 

7.2.9.2.1. The vehicle must have at least a quarter of a tank of gas at any given time. 

7.2.9.2.2. When the amount of gas in the gas tank drops below one quarter of a tank, the Subscriber must fill the tank all the way. 

7.2.9.2.3. Returning the vehicle to the Company with less than one quarter of a tank of gas will result in a fine as specified in Appendix A

7.2.10. when not using the vehicle, the subscriber must make sure that the vehicle is turned off and locked, the key is out of the ignition, windows closed, mirrors closed/folded and lights turned off. 

7.2.11. The Subscriber and each additional driver undertake to act as a prudent owner would with their own car, taking all precautions to safeguard it, using it with care and reason, in full compliance with the law and transportation regulations, and per the terms of this agreement. Without derogating from the foregoing, the subscriber and any other additional driver hereby undertake to refrain from causing any damage and/or malfunction and/or loss, whether intentionally, through carelessness or negligence. 

  

8. Chapter D - General Instructions of Association 

 

8.1. Obligations and Responsibilities 

8.1.1. The Subscriber will be liable for any injury to body and/or property, to himself and/or to the Company and/or to any third party, including fines or loss due to the use made, or allowed others to be made with the vehicle, according to the provisions of this contract, from the moment of opening the vehicle, release of the bicycle, etc., until the end of the trip in an authorized parking space in accordance with the provisions of this contract, including locking the vehicle, as well as in relation to any injury, damage, including fines or loss, caused by parking the vehicle, as subject to the provisions of any law. 

8.1.2. The Subscriber shall also be held liable for any direct or indirect damage caused to the Company and/or the renter of the vehicle, including, but not limited to, loss of income, vehicle downtime, depreciation, towing, storage, administration and employee costs, and any cost, damage or out-of-pocket loss, directly or indirectly caused by an act or failure by the Subscriber and/or the driver of the vehicle. Without derogating from the foregoing, in any case where the vehicle is not used according to the provisions of this contract and/or the law, no damage and/or loss, and/or theft caused to the vehicle and/or its parts, including coverage purchased by the renter or that are included in the rental fees shall apply, and the renter will be liable for the full damage caused to the vehicle, and any spare parts thereof (including due to loss and/or theft), and/or to a third party. 

8.1.3. The use of the services and/or vehicle is the sole responsibility of the member, exclusively for his or her personal use. For the removal of any doubt, the member may not assign or allow the use of his or her account and/or the vehicle to any third party, except for a driver that has been added to the membership, and in such case (without such permission) such member and third party will be held fully liable for any injury and/or loss so incurred. 

8.1.4. Without derogating from the generality of the foregoing, the member will be held liable for any loss or damage caused by them, whether intentionally or by negligence. 

8.1.5. The Subscriber assumes responsibility for any injury, damage or loss related to non-compliance with obligations under this contract and and/or the provisions of the law and/or under the law. 

8.1.6. The company and car renter: 

8.1.6.1. Shall not be held liable for any damage and/or loss related to the member's use of the services and/or vehicle, or relying on them, or being unable to gain access and/or operate and/or use the services, nor will they be held liable for any other loss related to the member's use of the services and/or the vehicle, except as required by law. 

8.1.6.2. Shall not be held liable for any damage and/or loss and/or theft of equipment inside and/or on the vehicle. 

8.1.6.3. Shall not be held liable for damage and/or direct and/or indirect injury, and any other damage and/or harm caused to the member in the course of their use of the vehicle. 

8.1.6.4. Shall not be held liable for any damage, loss and/or theft that may be caused to a third party due to an act by the member and/or the additional driver or anyone else present. 

8.1.6.5. Shall not be held liable for any damage and/or direct and/or indirect harm due to the vehicle's unavailability or failure to return it on time from a previous use. 

8.1.6.6. Shall not be held liable for any damage and/or direct and/or indirect harm caused by the use of any accessory and/or feature located in the vehicle. 

8.1.6.7. Shall not be held liable for any damage and/or direct and/or indirect harm caused to an electric charging station or parking pole. 

8.1.7. The Subscriber and the subscription card:  

8.1.7.1. Both the member and the additional driver undertake to keep the membership card from harm, and to report directly to the company immediately upon becoming aware of the loss of the card. 

8.1.7.2. The card is the property of the company, personally given to the member and/or the additional driver, and may not be transfered. 

8.1.7.3. The member shall be held fully liable for any direct and/or indirect damage and any other damage caused to the vehicle from the moment the vehicle is unlocked until the termination of use and the parking, including but not limited to, liability for direct and/or indirect damage and/or any other damages to an electric charging station or parking pole. 

8.1.7.4. The member will be held fully liable for any use of the membership card and/or the application, including the use of the membership card and/or the application by someone other than the card holder/the device in which the application is installed. 

8.1.8. The Company hereby clarifies that it will not be held liable in any way for the presence or absence of a child safety chair in the vehicle, nor will it be held liable for the manner in which such safety chair is connected, installed or used by the subscriber, which is related in any way to an accident and/or wear and tear of the safety chair and/or the actual installation and use of the safety chair, inasmuch as it is in the vehicle. The member undertakes to strictly comply with the instructions for use and installation of the safety chair, which can be found in the car manual and on the company website, and to ensure compliance with the terms of use in accordance with the child’s weight and age, as specified in the chair manual and in accordance with the law. Furthermore, the company will not be held liable for damage - including unintentional or indirect damage - resulting from the use or the inability to use the safety chair. 

 

9. Indemnification 

 

9.1. The member agrees to indemnify the Company and its officers, directors, employees and agents in respect of any claim, demand, loss, liability and expense (including reasonable legal expenses) arising out of or related to: 

9.2. The member’s use of its services and/or vehicles; 

9.3. Violation of the conditions set forth in this contract and under any law, including

 fines; 

9.3.1. Violation of the rights of any third party, including those injured in accidents. 

 

10. Collateral 

 

10.1. As collateral for the member's charges under this contract, a "non-debit transaction" (reserved funds within the member's line of credit) will be made on the member's credit card according to a set of parameters (selected service plan, vehicle class, line of credit, etc.) as determined by the Company from time to time (hereinafter: "the reserved funds"). It should be clarified that the company is entitled to check a member’s line of credit at any time. The reserved funds shall not in any case exceed the amount of reserved funds set forth in Appendix A . 

10.2. By signing this contract, any new member joining the service as of [] 2022, authorizes the company to occupy a credit frame of up to 2,000 ILS on the member's credit card for a fixed 30-day period as of the joining the service by the new member.

10.3. The amount of the deductible in the event of an accident/damage the vehicle is involved in is determined in advance, in accordance with the vehicle’s classification(CLASS) (as specified on the website), and at the time of signing this contract, the deductible is as set forth in the table in Appendix A

 

11. Payments 

 

11.1. The Subscriber will be charged in installments on their credit card, the details of which have been provided to the Company. It is hereby clarified that the Company is not in a position to accept "Debit" or "Direct" cards as collateral mentioned above, nor for the purpose of making any of the payments due under of this contract. 

11.2. The Subscriber shall pay the company at its request any sum due to them, directly or indirectly, in accordance with all the provisions of this contract and its Appendices, for the services, including vehicle rental fees, damages, towing costs, assessment, collection fees and any other sum as set forth in this contract. The Subscriber hereby allows the Company to charge his or her credit card in accordance with the information given to the company. 

11.3. The Subscriber hereby declares that the credit card, the details of which appear in the enrollment form, is valid. The Subscriber hereby undertakes that in the event that the credit card is cancelled or expired, he or she will report such cancellation or expiration to the Company at the time that it occurs. 

11.4. In the event that the subscriber’s credit Company refuses to accept the Subscriber’s charges, the Subscriber will no longer be entitled to receive the company’s services, until a valid payment medium is updated. 

11.5. The terms of payment and prices vary according to the member’s service plan and the vehicle, and all as provided for in Appendix A of this contract. 

11.6. The mileage reading (as relevant to the subscriber’s service plan and the type of vehicle actually used by them) for the purpose of calculating travel costs, will be done according to the Company’s system installed in the vehicle and will be directly reported to its booking system. For the avoidance of any doubt, it is clarified that in any conflict between the system’s reading and any mileage reading, the travel cost calculation will be based solely on the System records, which, for all intents and purposes, will be binding for all parties.  

11.7. For the purpose of calculating the usage fees, start and end times (as relevant to the subscriber’s service plan and the type of vehicle actually used by them) the Company will rely exclusively on its own system’s reading. For the avoidance of any doubt, it is clarified that in case of a conflict between the system’s time reading and any other time reading, the calculation will be based solely on the company’s system, which, for all intents and purposes, will be binding for all parties. 

11.8. A list of any special circumstances in which the Subscriber’s account will be refunded, such as refueling or a car wash by the subscriber, appear in Appendix A and on the Company’s website, which will be updated from time to time. Such reimbursement will be given subject to the provisions of Section11.6 above. 

11.9. It is hereby clarified that there may be changes to the rates due to Company needs in special circumstances (such as, but not limited to: use of Company vehicles at night, on weekends, on religious and national holidays as defined in Appendix A, etc.), all according to the provisions set forth in Appendix A (the Service Plan, Costs and Associated Services), which may be updated from time to time.  

11.10. It is hereby clarified that in the event that after being registered as a subscriber of the company’s services, the Subscriber was attributed to a special rate or sale plan, such special rate or sale (as the case may be) will apply for the pre-determined period (at the company’s sole discretion) of such rate or sale only, provided however that the Subscriber presents the Company, at any time and at their request with all the approvals and proof of eligibility membership and eligibility for the special rate or sale plan (as the case may be). In the event that the subscriber does not provide the required authorization to the full satisfaction of the Company, the Subscriber will be assigned to the service plan with the lowest existing rate that exists on the Company’s website at the time of the incident. 

11.11. Should the member wish to freeze his/her membership, they must notify the company in writing or by a call to customer support, and if such a plan exists, the company will take such freezing request under advisement at its sole discretion. When the membership is renewed, the company will be permitted to re-check the line of credit, as well as re-adjust the service plan to available plans at the time of renewal. 

11.12. Receipts for the trips will be sent to the subscriber by email after the end of the trip. Receipts and tax invoices for the payments will be sent on a monthly basis via email, and the signature of the Subscriber on this contract serves as consent to receive receipts and tax invoices as stated by email. The invoices will be sent by the 10th of each month. 

11.13. The parties agree that the information collected by the System regarding the manner of subscriber’s use the service ans/or the vehicle, will serve as conclusive evidence of, among other things, the calculation of the payment for the service and the utilization of the service plan. 

11.14. Any delay in payment or debt to the Company will be CPI-linked according to the rate published by the Central Bureau of Statistics (or, if not by them then by any other entity) and the Company will may collect the accumulated index linked interest rate of 1.25% without derogating from the Company’s rights under the law. The Company may hand over the handling of such debt to a legal entity, and the subscriberwill bearall direct and associated costs of such proceeding.  

11.15. The Company reserves the right terminate the Subscriber’s use of the service due to delayed payments, at any time and without prior notice,and all without derogating from any other rights of the Company under the law. 

11.16. The Subscriber undertakes to pay all costs and payments related to traffic and/or parking violations in the course of using the vehicle while in the Subscriber’s possession (where parking violation is concerned, the vehicle will be seen as in the subscriber’s possession until the parking in violation ends), including fines imposed for the aforementioned offenses. In the event that the Company receives notice regarding traffic and/or parking violations incurred with the vehicle during the vehicle rental period, including the aforementioned fines, the Company take steps to settle the payment thereof in the following manner: 

11.17. In the event that the Company received notice and/or a fine due to a traffic violation (hereinafter: “traffic fine”), the Company will notify the Subscriber of such traffic fines and will, at its own discretion, take steps to endorse the payment of such traffic fines to the subscriber and the Subscriber will be charged with the set forth in Appendix A pertaining to the endorsement of traffic fines (hereibafter: “handling fees”). The companymay, at its own discretion, paythe parkingfines, as a part of the serviceit providesits members,and such member will be charged with the payment of the parking fine and an added handling fee as set forth in Appendix A.

11.18. The Subscriber requests from and authorizes the Company and the vehicle rental Company to endorse to the Subscriber’s name pay any traffic ticket and/or fine written to the vehicle while in the subscriber’s possession as set forth in section 11.16above. In addition, the Subscriber authorizes the vehicle rental service to deduct the sum of any tickets and/or fines from any sum towed him or her by the Company. 

11.19. The Subscriber agrees to pay the Company any sum related to this contract and/or the services for which the Company receives a request for the use of toll roads with the addition of handling fees as detailed in Appendix A .Regarding parking costs: 

11.19.1. The Company allows Subscribers to use the Company's Pango subscription for parking purposes, and the Subscriber shall be charged for such use as part of the Company's monthly billing. In order to activate the Pango serviceunder the company's subscription the following steps must be taken: The subscriber must contact the call center and request the activation of Pango for parking, providing the full and accurate information as requested by the company’s representative. The subscriber is aware that providing inaccurate information and/or withholding information when asked for it by the representative, may result in a parking ticket, in which case, the subscriber alone will bear all related costs, as set forth in this contract. 

11.19.2. It is hereby clarified that the client may use the Pango/Cellopark private subscription, in which case, he or she will pay independently. The client must make sure to enter their private Pango/Cellopark subscription the information of the vehicle they had rented for that specific ride by adding/changing the number of the vehicle defined in their subscription. It is hereby clarified that activating Pandgo/Cellopark as mentioned above, including specifying the vehicle within the client’s private subscription in Pango/Cellopark are the sole responsibility of the client, and the company shall have no liability in the matter. 

11.20. In the event the vehicle is towed/apprehended/impounded by an authorized entity like the municipality or the police, the responsibility to retrieve the vehicle and pay for such towing/apprehention/impoundment, as well as storing and/or releasing of such impounded vehicle lies solely with the subscriber. Any help with releasing such vehicle by the company must be paid for in the sum determined under the circumstances, and without derogating from the subscriber’s liability under the provisions of this contract as set forth in section 8.1.2 above and/or under the law. 

11.21. Any payment not settled fully and on time will carry interest as set forth in section 11.14 above. In addition, the Subscriber will be charged for collection costs including legal costs and legal fees and any other payments made by the Company incurred in the collection of the Subscriber’s debt.  

11.22. All of the prices stated on the website and/or in the mobile application and/or in this contract include VAT as required by law, unless otherwise indicated. In the event of a change in the VAT percentage under the law, the prices will be updated accordingly and the Subscriber undertakes to pay the required sum with the VAT as so updated by law, as it is at the time of paying. 

  

12. Damage 

 

12.1. In case of an accident and/or theft caused by violation of the terms of use as set forth in this contract, the company may, at its own discretion, refuse to supply a replacement vehicle and/or promptly terminate the agreement.

12.2. In any event of theft, loss or damage to the vehicle or any of its parts (including the windshieds) and/or any damage caused by the subscriber and/or anyone acting on their behalf (whether a self inflicted and/or by a third party) and/or to a third party or to such third party’s vehicle or their other property, the subscriber will be charged with such damages as detailed above as set forth herein:

12.2.1. Should such damage be equal to the rate of the deductible as set in this contract and its Appendices (hereinafter: “ the deductible”), or higher, the renter shall be charged with only the deductible (subjectto the provisions of Appendix A).

12.2.2. Should such damage be lower than the deductible (and not caused as set forth in section12.7above), the renter shall be charged with the sum of the damage.

12.2.3. The estimation of the damage for the purpose of determining the value of the deductible as set forth in this agreement, is to be done by the company, who may, if deemed necessary at its own discretion, retain an appraiser. It is further clarified that should the company decide at its own discretion not to repair the vehicle during or at the end of the lease period, the subscriber shall be charged with the sum of of such repair as if the company opted for it, as estimated by the company or anyone acting on its behalf. Limiting the subscriber’s liability for the purpose of the deductible (per Appendix A) is stipulated by the subscriber’s compliance with the provisions of section 7.2.6 herein. Where the subscriber or anyone acting on their behalf shall not act as set forth above, the subscriber shall then be held liable to compensate and indemnify the company and/or any third party for all damages, losses. costs and expenses (including legal/appraisal fees) incurred by it and/or such third party, including any third party’s suites and/or claims against the company and/or car valuedepreciation (to be determined by an appraiser retained by the company at its own discretion), whether directly or indirectly, and the subscriber’s liability will not be limited to the deductible.

12.3. No repair, change and/or improvements may be done to the vehicle without prior notice and receipt of a written authorization from the company for such repair, change and/or improvement. In the event the Subscriber violates the provisions of this section, he or she will bear the full cost of any such treatment as well as a penalty for the violation such provision, and all without derogating from any other rights of the company under this contract and/or the law. 

12.4. In case of an accident (regardless of how small) and/or loss and/or damage and/or theft and/or any other criminal act pertaining to the vehicle, the subscriber undertakes to promptly notify the company and the authorities as required by law. In any such case, the subscriber undertakes to refrain from providing any third party and/or anyone else any confession, proposal, promise, concession, compromise and/or payment and/or information (with the exception of information required by law) related to the incident in which the vehicle was involved. The subscriber shall write down all the information of the parties involved in such accident, including: their names and contact information, the details of their car license and insurance, names and contact information of any witnesses, an account of the accident’s circumstances and a drawing of the location where it happened (hereinafter: “an accident report”). In addition, the Subscriber agrees to cooperate with the Company and their representatives in all proceedings related to the accident including being interrogated and undergoing a lie detector test. Should the subscriber fail to provide a timely report as set forth in this section, the subscriber shall bear all costs and damages incurred due to such failure to report.

12.5. Where the Subscriber had rented a vehicle, he or she shall be charged with a sum up to the deductible as set forth in the vehicle's insurance (including “self indurance”), for any damage caused during the accident or as a result thereof (including any third party damage) and/or a theft of the vehicle and/or any parts thereof. The foregoing notwithstanding, should the Subscriber fail to submit an Accident Report as set forth in section 12.4 above within 24 hours of the accident and/or not comply with the terms of this agreement, the subscriber shall be held liable for the full payment of any damage to the vehicle and/or the company and/or the vehicle renter, whether directly or indirectly, with no sum limitation. 

12.6. “Zero Deductibles” Insurance (ZDI): 

12.6.1. Notwithstanding the provisions of section  12.5 above, the subscriber may purchase for an additional fee a supplementary car isnurance coverage due to the cancellation of the deductible  (hereinafter "zero deductible insurance"). Had the Subscriber purchased such zero deductible insurance as stated in this section, the Subscriber will be exempt from paying a deductible for damage and/or loss and/or breakdown of the vehicle where a deductible is required, as specified in this section12.6 above. 

12.6.2. The cost of the zero deductible Insurance component will be at the sole discretion of the Company as published from time to time. Upon signing this contract, the cost of the zero deductible insurance will be as set forth in Appendix A of this contract. It is hereby clarified that the payment of the premium for the zero deductible component applies individually to each of the drivers under the same subscription. Where the Subscriber chose to purchase a deductible cancellation insurance from the Company, the Company will charge the Subscriber the above insurance cost in monthly installments until the Subscriber the termination of the supplementary insurance coverage for cancellation of deductibles. Thereupon, in the following month, the supplementary insurance coverage will be cancelled for all of the drivers included in that subscription and such charges will not apply to the Subscriber and all of the subscription’s drivers. It is hereby clarified that the payment for deductible cancellation insurance applies to all drivers under the same subscription. When an additional driver is added to a subscriber who has deductible cancellation insurance, an additional charge for the deductible cancellation component will automatically apply for to the additional driver. A business subscriber interested in purchasing a deductible cancellation component will be charged for each additional subscriber from among his employees.

12.6.3. The deductible cancellation component will not apply in the following circumstances:

12.6.3.1. The occurrence of any of the events listed in section 12.7  

herein. To avoid anydoubt , should any one or several of the events listed in Section herein occur, the subscriber shall be held liable for the full payment of any damage to the vehicle and/or the company and/or the vehicle renter, whether directly or indirectly, with no sum limitation.

12.6.3.2. An event of damage and/or loss caused to the vehicle and/or the Companyand/or the vehicle rental service, caused by the subscriber, whether intentionally and/or due to negligence.  

12.6.3.3. A breach of the Subscriber’s obligations as set forth in this contract. 

12.6.4. Where the Subscriber was involved in a motor vehicle accident for any reason, and/or the vehicle was damaged and/or rendered lost lost (hereinafter: “the incident”) immediately upon informing the Company of the incident, the charge for the deductible cancellation component will be terminated, and the Subscriber will henceforth not be included in in that coverage. Alternately, and at the sole discretion of the Company, the Company may suggest that the Subscriber joins join such deductible cancellation plan at a cost twice as determined by the company and as set forth in Appendix A for each driver under that subscription. 

12.6.5. The date of the Incident will be the effective date for the Subscriber’s eligibility for a deductible cancellation coverage. 

12.6.6. The Subscriber’s eligibility to be included in the deductible cancellation plan is subject to the actual payment of the deductible cancellation plan fees to the company. 

12.6.7. It is hereby clarified that the Company is not and will not be held responsible for any damage, whether direct and/or indirect that is caused to the Subscriber and/or any third party as a result of the loss and/or damage and/or property damage and/or to personal effects in the vehicle, regardless of whether or not the Subscriber has paid for the deductible cancellation insurance. 

12.7. Notwithstanding the information provided above, the Subscriber’s liability is not limited to the extent of the deductibles and/or any other amount in the following circumstances: 

12.7.1. Damage to the frame, the undercarriage, tires, rims, tubing, accessories in the cabin and any other damage to the cabin or to the trunk. 

12.7.2. Damages caused by negligence, including ignoring the warning lights indicating a malfunction in one of the vehicle systems. 

12.7.3. Use an unsuitable type of fuel. 

12.7.4. Negligence in securing the vehicle including failure to use the alarm (where one is installed), failure to lock the doors or to watch the keys/the code for the ignition prevention system. 

12.7.5. Where at the time of the Incident the person actually driving was unauthorized to drive the vehicle under the terms of this contract. 

12.7.6. Damage caused by wrongful maintenance of the vehicle, such as failure to fill/check the gas, oil, water, tire pressure, etc. 

12.7.7. Where an extraction is required because the vehicle ran out of fuel and/or a flat tire and/or the battery dies and/or loss or damage caused to the vehicle’s keys/remote/magnetic card and/or the malfunction does not justify road-side assistance and/or when the Subscriber gives a false report when describing the malfunction. 

12.7.8. Use of the vehicle contrary to what is stated in section 7.2 above and all its subsections. 

12.7.9. Relaying false information upon signing the contract regarding the signer’s age, license expiration date, making a false no-conviction statement regarding sever driving violations and so forth. 

12.7.10. Use and driving of a vehicle by someone who does not have a suitable and valid driver's license in Israel, at the time of such use and driving. 

12.8. Where there were more than a one source of harm during a single rent, the subscriber shall be charged for deductibles equal to the number of such sources. 

12.9. The assessment of the damage as determined by a company retained vehicle appraiser will constitute conclusive proof of the extent of the damage. When the damage is lower than the deductible, the Company will charge the Subscriber the cost of repairing the vehicle by the Company. The company shall not be held liable for the loss of any profit and/or of opportunity and/or any other losses caused to the Subscriber. 

12.10. As provided for by the law, the company shall not be held liable for any death or bodily injury caused to the Subscriber, to any passenger traveling with the Subscriber or any third party. 

12.11. The Subscriber will be held liable for any damage caused to the vehicle due to improper operation. The Subscriber agrees to pay the Company for any damages caused to the vehicle during the rental period including indirect damage, repairs, appraisals, third party claims, and legal fees. Where the Subscriber and/or the driver have not violated the terms of this contract, the sum total of any costs will be limited to the deductible as set forth in section 10.3 above and subject to the provisions of section12.6 above.

12.12. In addition to the sum for the repair of any damages, the Company reserves the right to collect handling fees, as determined at its own discretion and considering the particular situation.

 

13. Credits and Fines 

 

13.1. Without derogating from the rights of the Company under the law, the Company reserves the right to impose a fine on the Subscriber for any violation and/or failure to comply with the provisions of this contract and its Appendices as well as the provisions in the User’s Guide , including the following sections: 

13.1.1. Returning the vehicle in a manner not compatible with the provisions in the User’s Guide. 

13.1.2. Cancellations, changes and/or delays in returning the vehicles. 

13.1.3. Failing to keep the vehicle clean, including the presence of trash and/or cigarette butts and/or other smoking paraphernalia in the vehicle. 

13.1.4. Transporting and/or putting animals in a vehicle not officially designated nor adapted for livestock transportation. 

13.1.5. Loss of subscription card 

13.2. Credits and fines are as detailed in Appendix A of this contract. The credits and fees are as detailed in Appendix A of this contract and on the Company’s website and as updated from time to time.  

 

14. Business Subscribers 

 

14.1. The terms and arrangements under this contract shall categorically apply to all of the employees of the subscriber who has signed this contract. 

14.2. In the event that the subscriber wishes to appoint any of its employees as an additional driver as part of the services provided under this contract, the Subscriber must enter that employee’s information, have the employee sign the contract, provide the employee with a copy of the contract and its Appendices as well as the User Guide, and with such employee’s signature confirm that he has fulfilled these requirements. 

14.3. Without derogating from the generalities of the foregoing, every employee of the subscriber who uses the actual service will be considered to have personally signed the association form, and for all intents and purposes, the Subscriber will be liable for the the employee’s compliance with all requirements. 

 

15. Supplying the subscription card 

 

15.1. Instructions regarding the supply of the Subscription Card to the Subscriber and any Additional Driver will be emailed and/or sent by text message after the Subscriber/the Additional Driver’s registration in the system has been completed. 

  

16. Confidentiality and Privacy of the Subscriber’s Details 

 

16.1. The information provided at the time of registration on the website and/or the company’s call center and/or in the system, in whole or in part, are kept in the Company’s databases. 

16.2. The Company reserves its right to collect information about the subscriber when they are in its website regarding the user’s online purchasing habits, services purchased and services in which the user expressed interest, pages he or she visited, offers that interested the user and any other information including using the cookies feature. 

16.3. The information described in this section will serve the Company during the Subscriber’s next visits to the website and will allow the Company to provide the Subscriber with offers and advertisements targeted to the Subscriber. 

16.4. The driver’s behavior system collects and records data regarding the use of the Company’s vehicles at any given time, including information about any trip’s location, speed,date, time, direction and distance, as well as technical events related to the vehicle (turning the ignition on and off etc.), safety related events, such as accelerations, breaking, various maneuvers, sharp turns, as well as vehicular accidents and damages alerts. 

16.5. The company may use the personal information submitted by the Subscriber when making a reservation and any information gathered while using the website and/or the system. It may also relay such information to third parties in accordance with the company’s privacy policy as updated from time to time. Below is a link to the Company's privacy policy: https://gotoglobal.com/en/goto-israel/privacy-policy

16.6. The Subscriber is under no legal obligation to provide the information however, providing such information and/or the authorization of this contract constitute the subscriber’s consent to all information related uses set forth in this contract, including the transfer of information to third parties in accordance with the provisions of this contract. 

16.7. The company is doing its utmost, with the means at tis disposal, to safeguard the confidentiality of the Subscribers and to secure the information gathered online and in the system. However, because this system is an online environment, the Company cannot in good faith guarantee a hermetic protection against hacks or the exposure of the information in them. Where any third party has hacked the system and obtained or abused any information, the Subscriber declares that they shall have no claim, suite and/or demand against the Company or their representatives. 

16.8. It is hereby clarified that nothing in this section is intended to expand the liability of the Company and/or the car renting service in accordance with the law. 

16.9. It is further clarified that the Company's vehicles are equipped with advanced communication systems facilitating communication initiated by the Company's call center and/or its other representatives, as well as communication with the subscriber and/or the additional driver in the vehicle for control and communication purposes. 

 

17. Intellectual Property 

 

17.1. All intellectual property rights on the website, the mobile application and the system, including patents, copyrights, samples, methods and trade secrets, as well as intellectual property rights in marketing methods, databases containing customer and/or Subscriber lists, descriptions of services and service plans, the website’s graphic design and other operational details, are the exclusive property of the Company and/or their representative. 

17.2. Without derogating from the generalities of the foregoing, it is hereby stressed that the name “Car2Go” and/or “CAR2GO” and/or “GoTo” as well as the domain name of the website, trademarks on the website (whether registered or not) are all the property of the Company only, and may not be used for any other purpose without advanced authorization in writing. 

17.3. No information from the website (including trademarks, photographs, texts, sales methods and computer codes) may be copied, reproduced, distributed, sold, or marketed, nor may the graphic design or interface be changed or any information retrieved from the website be translated without receipt of explicit authorization from the Company in advance and in writing, and no form of violating the provisions of the law regarding intellectual rights will be permitted. 

17.4. No commercial use of the data published on the website may be done without advanced written consent from the Company. 

17.5. Any data published on the website for presentation online or in any other service and/or for any other purpose may be used without prior written consent from the Company (if granted), and subject to the terms of this agreement . In addition, no data on the website may be gathered using data gathering/mining software nor may such data be distributed in a commercial manner or for commercial purposes. 

17.6. messages regarding copyright, trademark or other proprietary rights, may not be removed from any part of the service; 

17.7. Do not duplicate or modify the service, produce derivative formulations, distribute, license, rent, sell, resell, assign, show in public, execute in public, broadcast, stream or use them in any other manner, except as expressly permitted by the company; 

17.8. Do not decompile, reverse engineer or disassemble the services; 

17.9. Do not tie or connect, mirror or frame any part of the services; 

17.10. Do not cause or operate any software or codes for the purpose of scraping, indexing, surveying or any other form of data mining, in any part of the services, or unnecessarily obstruct or block the operation and/or function of any aspect of the services; 

17.11. Do not attempt to gain unauthorized access to the services or related systems or networks, or infringe on any aspect thereof; 

17.12. Do not send, upload or publish content that contains defamation, profanity, violence, abomination, pornography, illegal content or otherwise offensive content; 

17.13. No commercial or non-commercial advertisements may be published without the prior written consent of the company; and 

17.14. The legal rights of any third party, including but not limited to intellectual property rights, may not be infringed. 

17.15. The provisions of this section shall not derogate from the provisions of the law, and in addition to them, all restrictions and prohibitions related to intellectual property rights under the law remain applicable. 

 

18. Miscellaneous 

 

18.1. Any deviation by the Subscriber from the provisions in section 7.2 and its subsections and/or the provisions of chapter D and all its sections, will constitute a material breach of this contract, following which, the company may, inter-alia, terminate this contract, and all without derogating from its rights under the law. 

18.2. Running the application requires Internet access. In order to use the services, the member must gain access to the internet, consequently bearing all charges by the mobile network and/or the website, as data use usage and messaging fees. The Member must undertake to obtain and update any hardware or devices required to access and use the services and the application and any update thereof. The company cannot guarantee the operation of the services, or any part thereof, or of any particular hardware/operating system or devices. In addition, it must be clarified that the services may be compromised due to internet and electronic communication related malfunctions and delays. 

18.3. All notices regarding any matter will be sent to the address listed on the company’s website above. 

18.4. The Company reserves the right to make any changes to the contract and/or its Appendices, including but not limited to the costs of the services or any part thereof, changes and/or subtractions and/or additions of services and any other changes, by publishing an amended contract on the website, at the absolute discretion of the company, and it must do so with an advanced written notice to the member 14 days before the change takes effect, in order to allow the member to terminate his or her contract with the company before the changes take effect. 

18.5. The company's records and system data will constitute conclusive proof in any case of disagreements over bookings, etc. 

18.6. If it is determined by a competent court that a provision of this contract is illegal and/or invalid, it will not harm and/or cancel the validity of the other provisions of the contract and as much as possible, minimal alterations may be made in the provision rendered illegal to make it legal. 

18.7. Failure to impose a fine or penalty on the member due to non-compliance with any section in this contract, does not constitute consent and/or waiver by the company regarding the fulfillment of the other sections in the contract. 

18.8. This contract is personal and non-transferrable by the Subscriber. The company may assign its rights and obligations under this contract to any third party at its sole discretion, and the member hereby waives any claim in this regard. 

18.9. The only jurisdiction in regard to this contract will be the authorized courts in Tel Aviv-Jaffa. 

18.10. By signing this registration contract for Goto Global Mobility Services Ltd. I hereby confirm receipt of marketing information, updates and advertisements in connection with the services provided to me, in accordance with this registration contract, via email / SMS / letter, and in accordance with the details I provided above. I know that at any stage I can ask the company to stop sending me the above information. 

18.11. the Hebrew version of this contract shall be the binding version, and in case of any conflict and/or inconsistency between this Hebrew version of the contract and its English version, the Hebrew version shall prevail and be the binding one. 

 

19. Preconditions for Receiving Services

 

19.1. In order to receive services from the Company , the Subscriber and any additional driver company with the following conditions (“Preconditions”): 

19.1.1. For the purpose of the car sharing system, the subscriber has driving experience of at least two years and is over the age of 24. Without derogating from the foregoing, any license holders aged 21-24 may receive the Company’s services as a Subscriber or additional driver subject to such under-aged driver joining the Young Driver’s Program, which must be confirmed by the company, and subject also to the payment of an addition to the premium, and all as set forth in Appendix A of this contract as updated and published from time to time by the company. 

19.1.2. Has a valid driver’s license, as detailed below: 

19.1.2.1. Has a valid driver’s license according to the Road Transport Ordinance if the Subscriber or the additional driver is a citizen or resident of Israel. The Subscriber undertakes that throughout the term of the contract, he or she will continue to hold a valid driver's license, and that in case of disqualification/revocation/non-renewal of the subscriber's driver's license, he or she will promptly notify the Company and their subscription will be frozen or canceled, as decided by the Company. 

19.1.2.2. The subscriber is a holder of a valid international driver’s license or national driver’s license that is valid as described in part 9 of the transportation regulations - and all if the Subscriber is a foreign citizen or resident and has signed the declaration attached hereinafter as Appendix D. The Subscriber undertakes that throughout the term of the contract, he or she will continue to hold such a driver's license and that in case of disqualification/revocation or expiration of the driver's license, for any reason, they will promptly notify the Company and his subscription will be frozen or canceled, as decided by the Company. The Subscriber also declares that he or she is aware that in case their stay in Israel lasts more than one continuous year , they are required to have an Israeli driver's license, in which case they undertake to transfer a copy of such license to the Company or promptly terminate the subscription. The Subscriber further declares that on the day of entering Israel, he or she have reported to the Company that more than 12 months elapsed between said date and their previous entry into Israel, insofar as such entry did take place. The foregoing does not impose any liability on the Company regarding the validity of the subscriber’s license in Israel and the subscriber bears full and exclusive responsibility in this matter and he or she will indemnify and compensate the Company and the car rental service and any of their managers, employees, consultants, directors and shareholders for any claim or complaint against them while using the services.. 

19.1.3. The subscriber hereby declares that he or she have not been convicted of serious driving offenses, including:: 

19.1.3.1. Speeding at more 40 kph over the speed limit under the law. 

19.1.3.2. Driving under the influence of alcohol and/or drugs and/or other substances in any quantity prohibited by law. 

19.1.3.3. Involuntary manslaughter by reckless driving. 

19.1.3.4. A hit-and-run, abandoning the scene of an accident. 

19.1.3.5. Driving with a revoked license. 

19.1.3.6. Vehicular homicide. 

19.1.3.7. Failing to stop a vehicle before crossing the train tracks after the barriers have been lowered or after an oncoming train was heard or seen. 

19.2. It is hereby clarified that the Subscriber’s compliance with section 19.1 above does not automatically grant the Subscriber the right to receive service from the company. This right is stipulated by the process of registration and authorization by the company. The company, at its own discretion, reserves the right to deny and/or decline the Subscriber and/or any additional driver’s joining the service and it is not obligated to provide a reason, and all subject to the Prohibition of Discrimination in the Provision of Products, Services and Entry into Places of Entertainment and Public Facilities Law (5761-2000). 

19.3. Upon signing the contract, the Subscriber and the additional driver confirm and declare that they meet the prerequisites. Should it become apparent that the Subscriber and/or additional driver (as the case may be) do not meet the prerequisites and/or ceased to meet the prerequisites, the Company may terminate the agreement with the Subscriber, without prejudice to any of the Company’s other rights under the law and/or this contract. 

19.4. Without derogating from the foregoing and/or from the provisions of the law, the Company shall be entitled to prevent the Subscriber from receiving the services in any of the following cases: 

19.4.1. If the Subscriber has used the services and/or the website and/or the system to perform an illegal act or to allow, facilitate, aid or abet such an act; 

19.4.2. If the Subscriber intentionally provided incorrect information; 

19.4.3. In case of an act or a failure by the Subscriber, which have or may harm the Company and/or any third parties; 

19.4.4. Where the Subscriber or anyone acting on their behalf has violated the terms of this contract and/or illegally failed to pay for services purchased from the company, whether via the website or in any other manner; 

19.4.5. In the event that the Subscriber’s credit card is blocked or restricted in any way; 

19.4.6. In the event that the Subscriber has declared bankruptcy and/or insolvency and/or receivership and/or liquidation and/or execution proceedings have been opened against them ; 

  

  

To: GOTO GLOBAL MOBILITY Ltd.  (“The company”) 

 

 

Re: A standing order for payment by a credit card

 

 

1. I, the undersigned, hereby authorize you to charge my credit card, the details of which appear below (hereinafter: the “Credit Card”) for the amounts to be paid on the agreed upon dates related to my obligations as set forth in this contract. such charge will be made by the transfer of the payment order by you to the credit Company (“the Issuer”) close to the date of payment as determined by you and subject to the provisions of the law. 

 

2. Any charge made in accordance with this authorization shall be deemed to have been made with my full knowledge. 

 

3. This voucher was signed by me, without specifying the number of payments or the value of said payments, since I have provided the Company with authorization to transfer charges to the Issuer from time to time, as will be specified by the Company to the Issuer. I am aware that I can cancel this provision by providing written notice to you and that my notice will take effect within three (3) business days from the day of receipt at the Company’s offices and if it is delivered by registered mail, within six (6) business days from the date of delivery, unless I indicated a later date in my notice, and that it will not apply to charges made prior to the date on which the notice of cancellation becomes effective. Also, I am aware that the cancellation of this provision is stipulated by and subject to the agreements between us. 

 

4. This authorization shall also apply to credit cards issued to replace the Credit Card, the number of which appears on this form. 

 

5. In the event of notice to the Issuer regarding failure to honor the credit card, I will undertake the obligation to update you with alternative credit card details and make all payments on time.