Moovit Ticketing Terms of Service (en)

Last Updated: April 22, 2020

 

Moovit App Global Ltd. (“Moovit”, “we”, “our”, or the “Company”) invites you (the “User” or “you”) to use the mobile ticketing services made available via our downloadable mobile application (the “App”) and related public transportation information services (collectively referred to as the “Ticketing Service”, as further detailed below).

 

By accessing or using the Ticketing Service, you acknowledge that you have read and understood the following terms and conditions (these “Ticketing Terms”), including our general Terms of Service and our Privacy Notice  (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Ticketing Service and you further acknowledge that these Terms constitute a legally binding and enforceable legal contract between Moovit and you regarding your use of the Ticketing Service.

 

In the event that you choose to use additional services provided by Moovit, you will also be subject to additional terms and conditions, as shall be provided in connection with such additional services, as applicable. In such case such additional terms shall be considered as part of these Ticketing Terms.

 

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

 

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

 

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

 

1.       Ticketing Service

 

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

 

In addition to the public transit information and trip-planning services Moovit provides via its App, Moovit is partnering with trusted third party ticketing and payment service providers (“Ticketing Partners”) to provide you with integrated in-App transit ticketing and fare payment services that enable you to seamlessly plan, purchase and use mobile transit tickets (“mobile tickets” or “tickets”) for trips on public transit services (“Transit Services”) offered by select public transit agencies and operators (“Transit Operators”) in Moovit-supported cities, all directly from your mobile devices (collectively, the “Ticketing Service”).

 

While Moovit collaborates with its Ticketing Partners and integrates their individual services into the Ticketing Service provided to you via the App, your use of the Ticketing Service may require you to enter into separate and independent contractual relationships with any given Ticketing Partner, and your use of the transit-related services offered by our Ticketing Partners, including ticketing and fare payment services, and your ultimate use of the Transit Services provided by the Transit Operators is subject to the terms and conditions of use of each Ticketing Partner that provides such services to you via the Ticketing Service, in addition to the terms and conditions of carriage (“Conditions of Carriage”) of the relevant Transit Operators you ride with, as applicable.

 

PLEASE NOTE: MOOVIT COLLABORATES WITH ITS TICKETING PARTNERS AND THEIR TRANSIT OPERATORS (“THIRD-PARTY PROVIDERS”) TO PROVIDE RELEVANT INFORMATION ON AND FACILITATE THE PURCHASE OF MOBILE TICKETS FOR THE TRANSIT SERVICES MADE AVAILABLE VIA THE TICKETING SERVICE. SUCH THIRD-PARTY PROVIDERS ARE INDEPENDENT FROM THE TICKETING SERVICE AND MOOVIT IS IN NO WAY RESPONSIBLE FOR, LIABLE FOR, NOR MAKES ANY REPRESENTATIONS ON BEHALF OF SUCH THIRD-PARTY PROVIDERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MOOVIT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS WHATSOEVER CAUSED, OR ALLEGED TO BE CAUSED, BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY GOODS, SERVICES, CONTENT, DATA (INCLUDING FARE DATA), PRODUCTS  OR  OTHER  MATERIALS MADE  AVAILABLE  TO YOU THROUGH ANY THIRD-PARTY PROVIDERS.

 

2.       Mobile Tickets

 

Your mobile ticket will be sold to you via Moovit’s mobile Ticketing Partners. The mobile ticket itself creates a contract between you and the Transit Operator for the provision of the Transit Services that the mobile ticket allows you to use. It is the Transit Operator that provides the Transit Services to you under the mobile ticket, and in no event will Moovit, be responsible for, or have any liability to you, in relation to such Transit Services or their availability or performance (including your use or access to any Transit Operator’s fleet vehicle or your use of any other services provided to you under your mobile ticket).

 

Ticket Activation. Mobile tickets must be activated prior to boarding before each trip taken. Purchased tickets may be activated automatically at the time of purchase or placed in your Ticket Wallet and stored there until activated, depending on the specific policies of the applicable Ticketing Partners and their Transit Operators.

 

Ticket Validation. For mobile tickets, validation will generally be accomplished upon boarding by scanning the mobile ticket barcode (or QR code) that is displayed on the screen of your mobile device. Validation may be accomplished by other methods, depending on the specific policies of the applicable Ticketing Partners and their respective Transit Operators. It is your responsibility to ensure that the mobile device is in adequate condition and sufficiently charged to display the mobile ticket when asked to do so. If you are unable to show a valid mobile ticket when requested, then a paper ticket may need to be purchased from the Transit Operator directly.

 

We reserve the right to suspend your User Account or cancel without notice or liability any mobile tickets which we reasonably believe have been obtained in any fraudulent manner or if you fail to comply with these Ticketing Terms or applicable Conditions of Carriage.

 

Fares. Fares are set by the Transit Operators and communicated to you via the Ticketing Service by our Ticketing Partners. Moovit only displays the fare data (as such is communicated to Moovit) (“Fare Data”) and makes them available to you on your mobile device. Fares are not determined by Moovit and Moovit makes not representations on behalf of either our Ticketing Partners nor the Transit Operators as to the accuracy of the Fare Data or the fares actually charged for mobile tickets. You acknowledge and agree that Moovit is in no way responsible and shall not be liable to you under any circumstance for fare overcharges caused by inaccurate or incomplete Fare Data transmitted by third parties via the Ticketing Service.

 

Special Fares. Depending on the specific policies of the applicable Ticketing Partners and their Transit Operators, and to the extent you are eligible, you may be able to purchase special category mobile tickets at discounted fares, in accordance with the terms and conditions set by each Transit Operator. Proof of entitlement may be required for passengers purchasing discounted fare tickets.

 

Transfer, Exchange and Refund. The rules governing the change, transfer, cancellation or refund of mobile tickets will depend on the specific policies of the applicable Ticketing Partners and their Transit Operators.

 

3.       User Account

 

In order to use the Ticketing Service, you must possess a registered user account with Moovit (“User Account”). You are solely responsible for maintaining the security of your User Account name and password and for all activity that occurs on your User Account. For more information on the term and conditions governing your User Account, please review the Moovit Terms of Service.

 

Ticket Wallet. Within your User Account you can find your mobile ticket wallet (“Ticket Wallet”). Mobile tickets purchased by you through the Ticketing Service that are able to be stored in accordance with the specific policies of our Ticketing Partners and their Transit Operators will stored in your Ticket Wallet. You can also review your purchase history and recent trips, easily repurchase mobile tickets by using the ‘Quick Purchase’ feature and view other relevant ticketing information within your Ticket Wallet.

 

Purchases. You can purchase your mobile tickets securely through the App with your bank or other payment card, or through supported third party services if and when these alternative payment method options are available to you. To set up a payment card within your Ticket Wallet follow the instructions as directed and select your preferred payment method from the options available. Enter the details of your card into the open fields as prompted. Once entered, your card details are then encrypted and stored securely in a supported secure system so you can reuse the card without having to enter the details again.

 

All purchases are subject to payment card verification (if applicable) and other security checks as necessary. Your purchase may be cancelled if it has not passed the verification process or if payment is not received in full. To prevent fraud and protect our users, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases.

 

Payments. Payments processing for the mobile tickets you purchase via the Ticketing Service is handled at the point of purchase by one of our trusted payment service providers (“PSP”). Any payment card information submitted by you is transmitted over a secure encrypted connection with our PSP and stored in a secure environment.

 

While we take great care to protect your sensitive information, the security of a User’s mobile device or ticket is the ultimate responsibility of the User. By using the Ticketing Service, you agree to the terms and conditions governing the use of Third Party Services, in accordance with the Moovit Terms of Service.

 

4.       Eligibility

 

To use the Ticketing Service you must possess a form of electronic payment and comply with the terms and conditions of eligibility as provided in the Moovit Terms of Service.

 

5.       User Representations and Undertakings

 

You represent and warrant at all times throughout your use of the Ticketing Service that: (i) you have full authority to agree to these Ticketing Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents it from fulfilling its obligation under these Ticketing Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to it and the Ticketing Service; (iii) the information that you submit to us in relation your User Account and in your use of the Ticketing Service is true, accurate and complete and you will not use any false information, including false or fraudulent contact or payment information; (iv) you will cooperate with the instructions of the Driver and comply with the Transit Operator’s Conditions of Carriage; (v) your use of the Ticketing Service has not been previously blocked, suspended or terminated; and (vi) you will not infringe or violate any of these Ticketing Terms.

 

6.       Use Restrictions

 

There is certain conduct which is strictly prohibited on and/or with respect to your use of the Ticketing Service. Your failure to comply with the provisions set forth below may result (at Moovit’s sole discretion) in the termination or suspension of your access to the Ticketing Service and may also expose you to civil and/or criminal liability.

 

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Ticketing Service (or any part thereof); (ii) use the Ticketing Service in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; (iii) transmit or otherwise make available in connection with the Ticketing Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (iv) interfere with or disrupt the operation of the Ticketing Service, or the servers or networks that host the Ticketing Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (v) frame or mirror any part of the Ticketing Service without Moovit’s prior express written authorization; (vi) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of other passengers or Driver on any Transit Services you use as a part of the Ticketing Service; (vii) purchase any mobile tickets as a trader or broker acting in the course of business with the intention of reselling your mobile tickets for profit or otherwise reselling or transferring your mobile tickets in violation of these terms or where prohibited by law; (viii) use the Ticketing Service or your mobile tickets for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); (ix) combine mobile tickets with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution; (x) impersonate any person or entity or provide fraudulent, false or misleading personal or payment information; (xi) use the Ticketing Service for any illegal, immoral or unauthorized purpose; or (xii) sell, license, or exploit for any commercial purposes any use of or access to the Ticketing Service or use the Ticketing Service for non-personal or commercial purposes without Moovit’s express prior written consent.

 

7.       Feedback

 

In the event that you provides Moovit with any suggestions, comments or other feedback relating to Ticketing Service (collectively, “Feedback”), such Feedback is deemed at the incipiency the sole and exclusive property of Moovit and you hereby irrevocably assign to Moovit all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights to it you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you shall not provide any Feedback which is subject to any third party rights or any limitations, and, without derogating from the foregoing, shall promptly inform Moovit as soon as you become aware of any third party right or limitation which may apply to Feedback already provided by you.

 

8.       Privacy Notice and Data

 

Privacy. Moovit respects your privacy and is committed to protect the information you share with it. Our policy and practices with respect to the Ticketing Service and the type of information collected are described in our Ticketing Privacy Notice. If you intend to connect to, access or use the Ticketing Service you must first read and agree to the Ticketing Privacy Notice.

 

Data. In order to provide you the Ticketing Service and offer you a seamless user experience, we must transfer control over certain data points belonging to you to our Ticketing Partners, as detailed in our Ticketing Privacy Notice. Use of the Ticketing Service may require you to open separate and distinct user accounts directly with our Ticketing Partners in order to provide you with the integrated services. Once transferred, our Ticketing Partners will have independent control of such data and may use the data in accordance with their published policies and their separate agreements with you. By using the Ticketing Service, you consent to such transfer of your data by Moovit to our Ticketing Partners for the purpose of enabling the Ticketing Service.

 

California Residents: Information regarding Moovit’s privacy practices related to the California Consumer Privacy Act (CCPA) is available here. PLEASE NOTE: when you “opt out” of certain data transfers and sharing of personal activities, Moovit will stop sharing your information with its transit services partners such as Ticketing Partners and Transit Operators. As a result, we will not be able to offer you such ticketing and transport services from our Third-Party Providers.

 

9.       Intellectual Property Rights

 

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

 

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

 

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

 

10.       Third Party Services

 

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

 

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

 

11.       Third Party Components

 

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

 

12.       Availability

 

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

 

13.       Changes to the Service

 

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

 

14.       Disclaimer and Warranties

 

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

 

MOOVIT AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “MOOVIT”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA (INCLUDING WITHOUT LIMITATION FALSE OR INACCURATE FARE DATA), RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE TICKETING SERVICE.

 

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

 

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE TICKETING SERVICE, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE TICKETING SERVICE AND INCLUDING YOUR USE OF THE TRANSIT SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK. LIABILITY FOR PERSONAL INJURY OR DEATH ULTIMATELY RESTS WITH THE TRANSIT OPERATOR WHICH ACTUALLY PERFORMS THE TRANSIT SERVICES AND YOU HEREBY WAIVE AND AGREE TO FOREVER RELEASE MOOVIT FROM ANY SUCH LIABILITY IN THIS REGARD, HOWEVER CAUSED.

 

15.       Limitation of Liability

 

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

 

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

 

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

 

16.       Indemnification

 

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

 

17.       Amendment of Terms

 

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

 

18.       Termination of Service

 

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

 

Additionally, Moovit may at any time, at its sole discretion, cease the operation of our Ticketing Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Moovit does not assume any responsibility with respect to, or in connection with the termination of our Ticketing Service’s operation and loss of any data. The following provisions shall survive the termination or expiration of the Ticketing Terms: Section 5 (User Representations and Undertakings); Section 6 (Use Restrictions); Section 7 (Feedback); Section 8 (Privacy Notice); Section 9 (Intellectual Property Right); Section 10 (Third Party Services); Section 11 (Third Party Components); Section 14 (Disclaimer and Warranties); Section 15 (Limitation of Liability); Section 16 (Indemnification); Section 18 (Termination of Service); and Section 19 (General).

 

19.       General

 

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

 

20.       Contact

 

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

 

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