1.1 Welcome! The Websites www.gettaxi.com and www.gett.com (collectively the “Site”) and our mobile software application (the “Company App” ) is operated by GT Forge, Inc dba Gett, located at 149 Fifth Avenue, 8th Floor, New York, New York 10010 (“We, Our or Us”) for Users including anyone who accesses or registers for the Site (together, “User, Users, You or Your”). The Site is offered to provide assistance in using our travel-related services (collectively, the “Services”).
2. Use of the Site and the Company App
2.1 Users must create an Account to access the Services (“Account”). Users shall access and use the Site and the Company App only for personal, noncommercial purposes, and only as long as they are in compliance with all provisions of the Agreement. Users shall not use the Site or the Company App for commercial purposes or in any way that violates the law or the terms of this Agreement, or harms Us, or any other person or entity, as determined in Our sole discretion.
2.2 You may cease to be a User of the Site or the Company App at any time by sending Us written notification via email to email@example.com or by registered mail to Our address at 149 Fifth Avenue, 8th Floor, New York, New York 10010. Ceasing to be a User of the Site or the Company App shall not relieve You of any payment obligations that You incurred in connection with the Services prior to cessation.
2.3 We or third parties authorized by Us may from time to time place commercial content on the Site or on the Company App. We have no control over for the accuracy, truthfulness, quality, safety or legal aspects of content provided by third parties, nor do We endorse, guarantee, or are We responsible for such content (even if Users receive any benefits related to the Site or the Company App in connection with such third party offers). It is User’s responsibility to understand and accept the terms and payment obligations of all such content that Users pursue.
2.4 Occasionally, the Site and the Company App may experience interrupted service, delays or errors. This may be due to a number of reasons including maintenance that We perform on the Site or the Company App, as well as reasons beyond Our control. We will attempt to provide Users with prior notice of any interruptions, delays or errors, but cannot guarantee that such notice will be provided.
2.5 Minimum hardware and software requirements for use of the Site and the Company App may be posted on the Site or the Company App from time to time. However, We do not guarantee the access to or performance of the Site or the Company App even if Users meet such minimum requirements.
2.6 We may, in Our sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Site, the Company App or Services, or impose charges for accessing any or all portions of the Site, the Company App or Services, with or without notice to You. We shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Site, the Company App or Services. If You object to any such changes, Your sole recourse will be to cease accessing the Site, the Company App or Services. Your continued access of the Site, Company App or Services following any such changes shall constitute Your acknowledgement of and agreement to such changes, and Your satisfaction with the Site, Company App or Services as so modified. You agree that We may in Our sole discretion and at any time, in any way, for any reason, immediately terminate Your access to the Site, Company App and Services. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE, COMPANY APP OR SERVICES. TERMINATION OF YOUR ACCOUNT SHALL IN NO WAY MODIFY OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SITE, COMPANY APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
3.1 To set up an Account, You shall provide, among other things, your name, a functioning e-mail address where You can be reached, a password of your selection, and a method of payment (collectively, Your "Account Information"), which You may not transfer to or share with any third parties. You agree to provide true, accurate, current and complete information for Your Account and/or Reservations (as defined below). You shall not (a) register for more than one Account, (b) register for an Account on behalf of a third party, (c) use any Account other than Your Account, or (d) permit any third party to use Your Account.
3.3 We reserve the right, without limitation, to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Site, the Company App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account.
4.1 While We do not charge fees to use the Site, the Company App or Services, We may charge fees for certain auxiliary services (such as making a Reservation by telephone, paying for Transportation Services through Our Services, or selecting premium options for Your Transportation Services). Any rates or fees presented to You via the Site, Company App or Service when searching or making a Reservation for Transportation Services are estimates only (“Fee Estimates”) and provided solely for convenience. Fee Estimates shall not constitute a guaranteed or comprehensive price quote and You shall not rely on Fee Estimates. Fee Estimates may not include additional fees including without limitation fees for taxes, wait time, gratuity, fees, tolls, additional passengers, additional stops, changes to the final destination, baggage charges, other additional charges, or variations in ground conditions that may result in an actual fee (“Actual Fee”) charged by the Transportation Provider that is higher than the Fee Estimate. You shall be fully liable for payment of the Actual Fee charged by the Transportation Provider each time You reserve or receive Transportation Services.
5.2 You understand and acknowledge that all reservations made via the Site, the Company App and/or the Services are being made with private “black car” companies, and that you will be picked up in a For Hire Vehicle that is part of said companies’ fleets. The Company App does not provide you with the ability to reserve rides with “yellow cabs.” We are not liable, and You hereby waive any claims, causes of action, liabilities or damages arising from claims that We failed to provide you a reservation for a yellow cab, or that you were not picked up in a yellow cab.
5.4 We reserve the right to charge a fee for payments made through the Site, the Company App or Services, and the Transportation Provider may also charge You a Usage fee in connection with Your Reservation and payment through the Site or Services.
5.5 Any information related to the times for Transportation Services (including arrival time of a Transportation Provider and length of Transportation Service) are estimates only (“Time Estimates”) and provided for Your convenience. Time Estimates shall not constitute a guaranteed or comprehensive price quote and You shall not rely on Time Estimates. The actual arrival time and length of Transportation Service are subject to factors outside of Our control, including without limitation Weather, traffic, ground conditions and the actions of the Transportation Provider. We shall not be liable, and You hereby waive any claim, cause of action, damages, demands or liability against Us, arising from a failure by a Transportation Provider or its driver either to pick you up or deliver you to your intended destination in a timely manner.
5.6 Car Seats. At the time You make a reservation, You may also reserve one or more car seats for infants and children, subject to such car seats’ availability. You shall be solely responsible for installing such car seats, ensuring that they are properly placed within the car, ensuring that any user of the car seat is properly buckled in the car seat, and ensuring that use of the car seat complies with all applicable federal, state and local laws. You hereby waive and release Us from any claims, causes of action, damages or other liabilities, including without limitation those causing damage to person or property, or death, that result either from defects in the manufacture of the car seats, malfunction of the car seats or any parts thereof, failure to properly install the car seat, failure to properly buckle the child or infant, or any use or misuse of the car seats.
6. Payment. Receipts and Refunds.
6.1 You may pay for any Transportation Services through Our Site, the Company App or Services or with a credit card or debit card directly, although certain Transportation Providers require Us to charge for their Transportation Services through the Site, Company App or Services. To pay for Transportation Services through Our Site, Company App or Services, You shall provide Company with the payment information necessary to process a Reservation prior to making the Reservation. Your submission of Your payment information to Us constitutes Your authorization to Us to charge the applicable fees at Our convenience. You represent that You will not use any credit card, debit card or other form of payment unless You have all necessary authorization to do so. If You do not elect to use the payment methods through Our Site, Company App or Services, You will be responsible for all fees arising from the Transportation Services You order through Our Site, Company App or Services.
6.2 At the conclusion of your ride, you will be given a receipt upon your request. We reserve the right to issue amended receipts in the event the amount appearing on the original receipt is inaccurate.
6.3 We reserve the right to issue refunds in our discretion. All refunds shall be in the form of Account credit only. We do not issue cash refunds or refunds of any kind other than Account credit.
7.1 From time to time, We may offer promotions, deals or discount codes for the Site, Company App and Services. We may in Our sole discretion establish, modify, suspend, end, reject or refuse to honor such promotions, deals or discount codes at any time, with or without notice to You. Promotions, deals or discount codes are limited to one use per customer. We may post additional terms regarding promotions, deals or discount codes on the Site or in the Company App.
8. Cancellations and No-Shows.
9. Lost Property.
9.1 We are not responsible for finding or replacing any property You may lose in connection with your ride. Please contact your driver directly. If you need help contacting your driver, you may contact us at firstname.lastname@example.org.
10. Bank Fees.
10.1 Some banks and credit card companies impose fees for certain transactions. Such fees are determined solely by Your bank or credit card company and We are not responsible for payment of any such fees. If You have any questions about these fees or the exchange rate applied to Your Reservation, please contact Your bank or credit card company.
11. Mobile Communications.
11.1 By accessing and using the Site, Company App or Services with a mobile device, Your acknowledge and agree that You may receive certain communications from the Site, Company App or Services including without limitation SMS, MMS, text messages, mobile emails, or other electronic communications means, collectively "Mobile Communications". By accessing and using the Site, Company App or Services via mobile devices, or by using certain mobile features including without limitation sending or receiving Mobile Communications, You may incur fees from the provider or carrier of the mobile services that You use ("Carrier") and You shall be solely responsible for the payment of such fees.
11.2 If You elect to include information about Your location (including location-related information provided by Your Carrier or any applications) in Your Account Information, You acknowledge, accept and agree that (i) such information shall be made available to Transportation Providers when You make a Reservation for Transportation Services; and (ii) Get shall not be responsible for the accuracy of such information or any use of such information by third parties including without limitation Transportation Providers.
12. Electronic Communications.
13. Proprietary Rights.
13.1 All content, services, features, data, text, artwork, images, photographs, graphics, drawings, videos, audiovisual works, scripts, logos, copyrights, trademarks, service marks, patents, slogans, trade names, trade secrets, trade dress, format, design, User interface, software, information, functions, computer games, dialogue, ideas, concepts, suggestions, stories, screenplays, music, lyrics, sound recordings, profiles, appearances, performances, and/or other similar materials, including Submissions as defined below (individually and collectively, “Content”) contained on the Site and the Company App shall be owned exclusively by Us or Our licensors or licensees, and You hereby assigns to Us any and all right, title and interest to such Content You may create or post in connection with User’s use of the Site or the Company App. All Content is protected by copyrights, trademarks, service marks, patents, slogans, trade names, trade secrets, trade dress, privacy and publicity rights, intellectual or industrial property rights, or other proprietary rights (collectively, “Intellectual Property” or “Intellectual Property Rights”), both with respect to individual content and as a collective work or compilation, pursuant to laws and international conventions. Any rights to the Site, the Company App and their Content not expressly granted in the Agreement are reserved by Us and/or Our licensors or licensees.
13.2 No Content may be used, reproduced, distributed or otherwise exploited in any way other than as part of the Site or Company App, except where the Site or Company App enables the download of particular Content, in which case Users may download a copy of such Content only for their limited, personal, noncommercial use Users may not modify, decompile, reverse engineer, disassemble, adapt, reproduce, lease, loan, sell, distribute, or create any derivative works based on the Site, Company App or any of the Content, in whole or in part. Use of the Content for any other purpose is a violation of Our copyright and other Intellectual Property Rights and is strictly prohibited.
13.3 USERS ACKNOWLEDGE AND AGREE THAT OWNERSHIP OF ANY CONTENT OR INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS OF OR IN THE SITE OR SERVICES OR ANY PART THEREOF, ALONG WITH ANY RELATED GOODWILL, IS NOT TRANSFERRED TO THEM OR ANY OTHER THIRD PARTY. USERS UNDERTAKE NOT TO DO ANY ACT OR THING WHICH IS INCONSISTENT WITH OR WHICH IS LIKELY IN ANY WAY TO PREJUDICE SUCH TITLE, INCLUDING, BUT NOT LIMITED TO, CREATE ANY DERIVATIVE WORKS BASED ON THE SITE OR ITS CONTENT. USERS SHALL NOT FALSIFY, DELETE OR ALTER ANY ATTRIBUTION AND/OR LEGAL NOTICES REGARDING INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS IN ANY SITE OR COMPANY APP CONTENT.
14.1 “Submissions” are any information, text, messages, concepts, suggestions, feedback, stories, screenplays, treatments, formats, artwork, photographs, videos, audiovisual works, musical compositions including lyrics, sound recordings, recordings, actions, appearances, performances Your or another persons’ name, likeness, voice, Username, profile, and/or other biographical information or material, and/or other similar materials that You email, post, upload, embed, display, publish, communicate or otherwise submit (collectively, “Submit”) on or through or to the Site. Your Submissions are intended for public display on Our site. You warrant and represent that You are the rightful owner of all of the rights to Your Submissions (including without limitation moral rights) or have the appropriate license or sublicense rights from the owner, without the need for any permission from or payment to any other person or entity, and that the information You Submit to the Site is true and accurate. You are entirely and solely responsible for all Your Submissions and the consequences of submitting them to, or posting or publishing them on, the Site.
14.2 We do not accept, review or otherwise consider unsolicited Submissions and request that Users do not submit any unsolicited Submissions. Users acknowledge that there is no confidential or fiduciary relationship between Users and Us whatsoever and that We will not review or offer any consideration or compensation for any Submissions. Users hereby grant to Us and Our officers, directors, employees, agents, licensees, distributors, representatives and affiliates, a non-exclusive, perpetual, irrevocable, unrestricted, fully-paid, royalty-free, sub-licensable and transferable (in whole or in part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all Intellectual Property Rights You own or control to use, reproduce, distribute, transmit, prepare derivative works of, publicly display, index, comment on, modify, perform and otherwise exploit Your Submissions, in whole or in part, for any purpose and in any media formats and channels (including among others on other Websites, and in products and services offered by Us) now known or subsequently devised, in each case without compensation, attribution, liability or notice to You and without the requirement of any permission from or payment to You or to any others. If You request in writing that We remove Your Submissions from the Site, We will remove any public display of Your Submissions and the license granted by You to Us shall terminate (expect that We shall not be required to change any materials used by Us that already include Your Submissions).
14.4 We reserve the right to decide, in Our sole discretion, whether, where, and how a Submission is published on the Site. If We have questions about Your Submissions, We may contact You for further information (including, but limited to, to verify that You own the copyright or other Intellectual Property rights). Although We have no obligation to review any Submissions, We reserve the right, in Our sole discretion, to edit or remove any and all Submissions, without prior notice.
15. Rules of Conduct.
15.1 In connection with Your use of the Site, its Content, and any and all Submissions, You agree to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate others, to violate or infringe any rights (including, but not limited to, copyrights, rights of publicity or privacy, confidentiality and trademarks rights) of others, Our policies or the operational or security mechanisms of the Site. Without limiting the foregoing You shall NOT:
· Use the Site or Company App (including, but not limited to, any Public Forums (as defined below) or other communication systems provided by the Site or Company App) or any of its Content, including, but not limited to, Your or other Users’ User Submissions, to promote, conduct, or contribute to activities that in Our sole discretion are profane, defamatory, infringing, fraudulent, obscene, pornographic, indecent, commercial, inappropriate or illegal, including, but not limited to, pyramid schemes, surveys, contests, chain letters, gambling, junk e-mail, spamming, promoting hatred towards any group of people or conduct that can reasonably be expected to harm others.
· Use the Site or Company App in any manner which could damage, disable, overburden, or impair the Site or Company App, or interfere with the access, use or enjoyment of this Site of Company App by others, including, but not limited to, causing greater demand on the Site or Company App than is deemed reasonable by Us, attacks such as "flaming" other Users in a manner that might incite or perpetuate a conflict or argument, creating Usernames to attack other Users' identities.
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Harvest or otherwise collect PII about another User through the Site or Company App (including, but not limited to, email addresses).
· Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Site, Company App, or any of theirs Content.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Company App.
· Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Site or Company App, their Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Company App or Content.
· Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site, Company App or their Content except if and to the extent permitted by applicable law.
· Use any robot, spider, other automated device or any tool-bar, Web-bar, other Web-client, device, software, routine or manual process, to monitor or scrape information from the Site of Company App, or bypass any robot exclusion request (on headers or anywhere else on the Site of the Company App).
· Use any meta tags or any other "hidden text" utilizing any Content or Intellectual Property owned by, or licensed to or by Us.
· Access or attempt to access any other of Our systems, programs or data that are not made available by Us for public Use.
· Create or provide any other means through which the Site or Company App may be accessed, for example, through server emulators, whether for profit or not.
15.2 We cannot and do not assure that other Users comply with this Agreement, and Users assume all risk of harm or injury resulting from any such lack of compliance.
16. Public Communications and Forums.
16.1 The Site and the Company App may enable Users to interact directly with other Users, such as by sending public or pre-defined private messages and posting comments in chat rooms, bulletin board services, news groups, communities, personal Web pages, calendars, and /or other message or communication facilities and forums designed to enable Users to communicate with the public at large or with other Users (“Public Forums”). Use of the Public Forums is permitted only for noncommercial purposes and subject to the terms of the Agreement. You agree to use the Public Forums only to submit, send and receive messages and material that are proper and related to the purpose of this Site and the Company App.
16.2 Users are solely responsible for the Submissions they make, and the consequences thereof, on or through the Company App, the Site and its Public Forums. We do not endorse, guarantee, nor are We responsible for the information, opinions, or recommendations submitted by any User in any Public Forum or otherwise in connection with the Site or Company App and expressly disclaim any all liability in connection therewith.
16.3 Although We are investing efforts in ensuring a safe and pleasant environment, when using the Site or the Company App You may be exposed to Submissions by others (a) with which You may disagree, (b) that You may find offensive, indecent, or objectionable, or (c) which are inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with Your use of, exposure to or reliance on any such Submissions. You should be skeptical about information provided by others, and You acknowledge that there is a possibility of use of any Submissions by others, and that Submissions are made at Your own risk. Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in or from Public Forums may not be reliable, and it is not a good idea to take any action based solely or largely on information You cannot confirm. We are not responsible for any Submissions by Users, nor for any actions taken or avoided based on such Submissions. You waive any legal or equitable rights or remedies You have or may have against Us with respect to other Users' Submissions.
16.4 Please respect and interact with other Users as You would in any public arena. Do not reveal any information that You do not want to make public. WHEN ENGAGING IN PUBLIC FORUMS, DO NOT DISCLOSE PII. USERS ACKNOWLEDGE THAT PUBLIC FORUMS AND ANY CONTENT OR FEATURES OFFERED THEREIN ARE FOR PUBLIC COMMUNICATIONS AND USERS HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION MADE OR RECEIVED IN A PUBLIC FORUM OR OTHERWISE IN CONNECTION WITH THE SITE.
16.5 We reserve the right but not the obligation to:
· Monitor Public Forums and Submissions.
· Condition access to and use of Public Forums in accordance with age, geographic or other criteria.
· Review, refuse, remove, modify, store, or otherwise take any action with respect to Submissions, at Our sole discretion and without prior notice.
We encourage Users to report to Us any suspected violations of this Agreement or any other additional terms posted on the Site.
17.2 You hereby provide Get with full, irrevocable authority to provide data concerning Your name, mobile telephone number, journey and pick-up time to Get’s pool of Transportation Providers and drivers in your location. This data will be used to select Your Transportation Provider from Get’s pool and will enable the Transportation Provider to pick You up at the chosen location and take You to Your destination. No other data about You will be disclosed to the pool of Transportation Providers or Your specific Transportation Provider.
17.3 This Site and the App are not directed at children under the age of thirteen (13) and do not knowingly collect any PII from children under the age of 13. If a parent or guardian believes that this Site or the App have collected the PII of a child under the age of 13, please contact Us at email@example.com or by registered mail to Our address at 149 Fifth Avenue, 8th Floor, New York, New York 10010.
17.4 You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by Us or by a third party to whom we have disclosed Your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of inadvertent or disclosure of PII due to breach of Our internal controls.
18. Links to Third Party Websites
18.1 The Site may contain links and references to Websites of others. We may, from time to time, at Our sole discretion, add or remove links to other Websites. These links are provided solely as a convenience to You, and access to any such Websites is at Your own risk. We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are We responsible for, such Websites. In no event will We be responsible for the information contained in such Websites, their practices or for Your use of or inability to Use such Websites or their services, or transmissions received from such sites. By using the Site, You expressly relieve Us from any and all liability arising from Your use of any third-party Website. We encourage Users to read the privacy policies and other terms and familiarize themselves with the privacy practices of the other Websites before using their services.
19. Links to the Site
18.1 Subject to the terms of this Agreement, Users may display a link to the Site as long as such use is not misleading, illegal or defamatory, and the linked Website contains no infringing or illegal content. Users may not suggest that We endorse, guarantee, sponsor, nor in any way are We responsible for or affiliated with their site, nor tarnish, blur or dilute the quality of Our trademarks or any associated goodwill.
20. Disclaimers of all Warranties.
20.1 THE SITE, THE COMPANY APP AND THEIR CONTENTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
20.2 WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE, THE COMPANY APP OR ITS CONTENT OR THE SERVICES SHALL MEET YOUR REQUIREMENTS, OR SHALL BE AVAILABLE, UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE OR ITS CONTENT OR THE SERVICES IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECTION WITH USERS' SUBMISSIONS. SUBJECT TO APPLICABLE LAW, USERS ASSUME THE ENTIRE COSTS OF ANY AND ALL REPAIR OR CORRECTION. YOUR USE OF THIS SITE AND ITS CONTENT AND USERS' SUBMISSIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.
20.3 YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH REGARD TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING, BUT NOT LIMITED TO, CREDIT CARD INFORMATION AND OTHER PII), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21.1 USERS SHALL BE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR ACCOUNT INFORMATION AND PII, AS WELL AS ALL ACTIVITIES THAT OCCUR UNDER THEIR ACCOUNT. USERS HEREBY RELEASE, AND ACKNOWLEDGE AND AGREE, AT USERS’ OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), INCLUDING SETTLEMENT COSTS AND ANY LEGAL OR OTHER FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTIONS OR THREATENED ACTIONS AND REASONABLE ATTORNEY’S FEES RELATED IN ANY WAY TO OR ARISING OUT OF THE USE OF OR ACCESS TO THIS SITE, ITS CONTENT, PII, USER SUBMISSIONS OR THE SERVICES. USERS SHALL USE THEIR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM.
22. Limitation of Liability
22.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (I) ARISING OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR ITS CONTENT OR THE SERVICES, (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (III) RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR ITS CONTENT OR THE SERVICES, (VI) STATEMENTS OR SUBMISSIONS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE, OR (III) YOUR USE OF ANY SERVICES, PRODUCTS OR PROMOTIONS, OR PARTICIPATION IN ANY SURVEYS OR QUESTIONNAIRES, OFFERED BY ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR THE SERVICES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
22.2 Without derogating from any of the foregoing, Our total aggregate liability to You under this Agreement, if any, in connection with the Site, its Content, others' Submissions or the Services shall be limited to the amount of fees actually paid by You to Us during the proceeding twelve (12) months, if any. The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and You.
23.1 The Site and the Company App provide You with access to a large number of independent Transportation Providers in your locality. Your contract for the hire of Transportation Services is directly with your Transportation Provider. You agree and acknowledge that We are not liable to you, and you hereby waive any claims, causes of action, damages or or liabilities, against Us with respect to any claim for injury to person or property, loss of property, or death, arising from (a) the conduct or negligence of the Transportation Providers and their drivers, (b) the manufacture or use of vehicles provided by the Transportation Provider, or (c) breach of any contract you may have directly with the Transportation Provider or driver.
23.2 YOU HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, DISTRIBUTORS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS FROM CLAIMS, DEMANDS ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF THE SITE, COMPANY APP, OR SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" AND YOU WAIVE ANY OTHER SIMILAR PROVISION OF THE LAWS OF ANY OTHER APPLICABLE JURISDICTION.
24. Governing Law
24.1 This Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to choice or conflict of law provisions. You hereby agree that all disputes arising out of this Agreement shall be heard exclusively in the federal and state courts located in New York County, New York, and courts with appellate jurisdiction therefrom. You agree to submit to the personal jurisdiction of such courts, and further agrees that venue in New York County is both proper and convenient. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, but not limited to, this section.
25. No Representations
25.1 We make no representation that the Site, its Content or the Services are appropriate or available for use in any particular location. Those who choose to access the Site or the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
26. Limitation of Claims
26.1 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
27. Infringement Notices and Takedown
27.1 If You believes that any material contained on this Site infringes a third party’s copyright, You should notify this Site's Designated Agent who is:
Name of Designated Agent: Adi Vaxman, GT Forge Inc
Full Address of Designated Agent: 149 Fifth Ave, 8th fl, New York, NY 10010
Telephone of Designated Agent: 212-804-8530
27.2 Notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of the material in such work(s) that is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Site; (d) information sufficient to permit Us to contact You, such as Your physical address, telephone number and e-mail address; (e) a statement by the complaining party that he or she has a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
27.3 The Copyright Agent will only respond to claims involving alleged copyright infringement. We may give notice that We have removed or disabled access to certain material by means of a notice posted on Our Site, an email to a User, or by written communication via first claim mail to a User. If a User receives such notice, the User may submit counter-notification in writing to the designated agent. To be effective, the counter-notification must be a written communication and contain the following information: (a) the User’s physical or electronic signature; (b) a description of the material that was removed or to which access was disabled and the location at which the material appeared on the Site before it was removed or disabled; (c) a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled due to mistake or misidentification; and (d) the User’s name, physical address and telephone number, and a state that the User consents to the jurisdiction of a court for the judicial district in which the User is located, and that the User will accept service of process from the complainant. Notwithstanding this section, We reserve the right in Our sole discretion, at any time, to remove content which appears to infringe the intellectual property rights of another person or entity.
28. International Users and International Travel
28.1 This Site is controlled, operated and administered by Get from Our offices within the USA. If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the Site or any Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
28.2 Some banks and credit card companies impose fees for international transactions including without limitation foreign transaction and conversion fees. These fees are determined solely by Your bank or credit card company and We are not responsible for any such fees. If You have any questions about these fees or the exchange rate applied to Your Reservation, please contact Your bank or credit card company.
29. General Provisions
29.1 No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term.
29.2 If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect.
29.3 The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
29.5 The section titles in the Agreement are used solely for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis.
29.6 The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.
29.7 We may give notice to You by email, a posting on the Site, or other reasonable means. You must give notice to Us in writing via email to firstname.lastname@example.org or as otherwise expressly provided. If You have any questions or concerns about our Site, Services or your Reservation, or any other questions, You may contact Us via email to email@example.com
1. Information We Collect
1.1 Personally Identifiable Information (“PII”)
We may engage third parties to collect PII from Users. The types of information that may be collected and stored at that time include the payer's full name, e-mail address, credit card billing information including mailing address, and such other information as may be requested from time to time. That information is safeguarded with appropriate security and it will not be used for other purposes. The third parties we engage to collect payment information from Our users have agreed to maintain the confidentiality, security, and integrity of the personal and financial information they obtain from Site and App users, and to only use this information on Our behalf. We encourage all Users to read the privacy policies and other terms of such third parties' websites before using their services.
If a User does not provide certain PII to us, then we may not permit that User’s Site or App registration and that User may be denied access to certain content and other functions on the Site or App, or other information, products or services.
1.2 Aggregate Information (“AI”)
AI includes information concerning Users’ activities on the Site and App (including, but not limited to, statistical information about which pages are visited, the date and time of the visits, other User activities and how long Users view the Site pages) and information Users’ browser sends whenever Users visit a website (such as computer’s Internet Protocol address, browser type, the web pages that were visited before visiting the Site and App).
When a User uses a widget or any other tool offered by us, whether on the Site or App or on a third party website, including a website owned or operated by a User, we may record data related to that activity, the deployment of the widget or tool, and any other account related data.
We or a third party acting on Our behalf may collect this AI through the use of technology such as unique identifiers, or “cookies,” as set forth in Section 1.3.
We use “cookies” to save user name, password and language selection for future log-ins to the Site and App, to better understand how Users interact with the Site and App, and to monitor web traffic routing on, and aggregate usage of, the Site and App.
Cookies are small text files that a website can use to recognize repeat users, to facilitate the user's ongoing access to and use of the website, and to compile aggregate data to improve the website. Cookies work as follows: we will send a cookie to a User’s browser that uniquely associates that User’s computer with information stored at the Site and App. That User’s browser places the cookie in its cookies file. When that User next accesses the Site or App, the Site or App recognizes the cookie, makes available the stored information (such as user names, password and language selection), and may add new information based on the present visit.
We collect, store and may review records of communications that Users send to the Site or via the App. When a User sends email or other communications to us, regardless of whether or not the communication contains PII, we may retain those communications in order to process that User’s inquiries, respond to requests, and improve Our services.
Users are free at any time to opt-out of receiving email and other information we may send to them by following the unsubscribe instructions provided in such communications, or by contacting us at firstname.lastname@example.org, or by sending written notification by registered mail to Our address set forth in Section 6. However, it is important to us that we may send communications to the email address indicated as the User’s email address during the registration process. If a User elects to opt-out of receiving emails regarding compliance with the Site’s and App’s Terms and Conditions and other rules and policies to such email address, we may immediately terminate that User’s account and membership with, and access to, and use of the Site and App.
1.5. Other Websites, Third Party Surveys and Questionnaires
We do not review, approve, monitor, endorse, guarantee, warrant, make any representations with respect to, nor are We responsible for, such links or websites. In no event will We be responsible for the information contained in such links or websites, their practices or for your use of or inability to use such links or websites or their services, or transmissions received from such sites. By using the Site, you expressly relieve Us from any and all liability arising from your use of any third-party website.
1.5 Children Under the Age of Thirteen
The Site and App are not directed at children under the age of 13 and We do not knowingly collect any PII from children under the age of 13. If a parent or guardian believes that the Site or App have collected the PII of a child under the age of 13, please contact Us at email@example.com or by registered mail to Our address at 149 Fifth Avenue, 8th Floor, New York, New York 10010.
2. How We Use, Store and Disclose the Information We Collect
2.1 Collection, Storage and Use.
We may collect, store and use information Users provide to us on Our Site and App to:
(i) enable Users to log-in into the Site and App;
(iii) ensure all Users follow Our Terms and Conditions and other rules and policies;
(iv) ban a User temporarily or permanently for failure to follow Our Terms and Conditions, rules and policies, or for other misconduct or inappropriate behavior;
(v) respond to questions and comments from Users;
(vi) provide Users with newsletters, updates, and other materials related to the purposes of the Site and App, or with information or offers from us or third parties that we believe Users may find useful or interesting;
(vii) monitor and analyze the Site and App (including, but not limited to, measuring Users' interest in and use of various areas of the Site and App);
(viii) improve the functionality, design and quality of the Site and App;
(ix) perform the technical administration of the Site and App;
(x) investigate cases of suspected abuse or fraud;
(xi) prepare statistical and other summary analyses of Our Users' behavior;
(xii) as provided below.
We do not save or retain User credit card or debit card information in the App or on or in connection with the Site.
2.2 Service Providers and Other Third Parties
We may employ third party companies and individuals to facilitate the operation of the Site and App, and to perform services related to administration of the Site and App (including, but not limited to, bill and credit card payment processing, maintenance, hosting and database management services, web analytics and administration). These third parties have access to Users’ PII only to perform these tasks on Our behalf.
We may share AI, and reports based on AI, with third parties for industry analysis, demographic profiling, other commercial purposes, or to deliver targeted advertising about other products and services. No such AI that we provide to third parties will contain PII.
2.3 Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose any information about Users, including PII, to government or law enforcement officials or private parties where we are required to do so by law, including, but not limited to, in response to a court order or subpoena. We may also disclose PII in response to a request by a law enforcement agency or other public agency (including, but not limited to, schools or children services) or if we believe such disclosure may prevent or mitigate the threat of crime or harm to Users or others, facilitate an investigation related to a User’s safety or public safety, protect the security or integrity of Our Site and App, or enable us to take precautions against liability.
2.4 Business Transfers
In connection with a sale of all or part of Our business, or sale or transfer of assets, or an acquisition, merger, reorganization, or in the event of bankruptcy, we may transfer PII to a third party as part o the transaction, to the extent permitted by applicable law.
3. Security and How We Safeguard Information We Collect
The security of Users’ information is important to us. We have put in place appropriate security systems designed to prevent unauthorized access to, disclosure and use of information Users provide to us. These systems are structured to deter and prevent hackers and others from accessing this information. Due to the nature of Internet communications and evolving technologies, however, we cannot provide, and expressly disclaim, any assurance that the information provide to us will remain free from loss, misuse, or alteration by third parties who, despite Our efforts, obtain unauthorized access.
4. How To Obtain Access to Information You Provide, And To Remove or Change It
Users may review, update, or correct your PII by logging onto the Site and clicking the User data icon or by changing it in the App.
Users may, to the extent permitted by law, request the deletion of their PII, unless we are required to retain such information by law. Please contact us as set forth in Section 6 if you would like to access the PII we have collected online from you, correct errors in such PII, request to have the PII deleted or no longer collected or maintained. The deletion of data shall effectively terminate your User account and membership with, and access to, and use of the Site and App. We reserve the right to verify the identity of any person making an opt-out or correct/update request, but shall have no liability whatsoever resulting from false or erroneous requests.
We may in Our discretion delete any information provided by a User or related to a User, pursuant to Our policies as then in effect, to the extent permitted by applicable law.
5. International Processing or Transfer
To the extent permitted by applicable law, your information may be processed or transferred outside of your state, where the privacy laws may not be as protective as those in your jurisdiction.
6. Inadvertent Disclosure of PII
You acknowledge and accept that, despite our efforts, there may be times or situations when your PII is inadvertently disclosed by Us or by a third party to whom we have disclosed Your PII. You hereby accept that risk and waive any and all claims, causes of action, damages and liability against Us in the event of inadvertent or negligent disclosure of PII.
7. Contacting Us
Copyright © 2013, GT Forge, Inc. dba Gett. All rights reserved.