Updated: February 3rd, 2022
1. Description of the Contractual Engagement, Provision of the Services. Gett is a company that provides services for ordering various services, including transportation service by taxi that are deployed in various locations throughout the country, inter alia, by using software for ordering taxis and other services through a dedicated web portal and through a cellular application (the “Services” and the “Software” or the “Platform”, respectively). The Client is not obligated to order Services of a quantity and/or type at any time.
The Services that may be ordered through Gett’s platform:
- Transportation service by taxi;
- Delivery service.
Alongside the Services that may be ordered through Gett’s platform, Gett provides to its business Clients various ancillary services according to these Terms.
2. The Consideration. In consideration for the provision of the Services by Gett, the Client, as defined in the Order Form, will pay Gett for each ride ordered by the Client by using the Software, and/or by any other means, the amount according to the specific fare price list or according to Gett’s general price list of fares (hereinafter referred together as the: “Price List of Fares”), which are set forth in Appendix A of the Order Form, in accordance with the departure destination points and in the manner set forth hereafter (the “Consideration”). VAT will be added to the Consideration in accordance with its lawful rate according to date of the invoice, and various additions may be added to the Price List of Fares, cancellation fees and telephone order fees, all as set forth in section 2 of Appendix A of the Order Form. The Consideration will be paid once per month according to the total monthly amount that has accumulated as a result of using the Services, according to Gett’s records, which will serve as prima facie evidence of this. The Consideration will be paid to Gett against a lawful invoice, digitally signed, which will be sent to the Client by email by the 8th (eighth) of the following month, subject to the payment terms set forth above. The parties agree that Gett rounds out the Consideration amount that the Client should pay it to a whole Shekel (up to NIS 0.49 below, above NIS 0.5 above) during the Term and the provision of the Services between the parties. An amount whose payment is delayed will bear linkage and delay interest at the exceptional interest rate in current loan accounts at Bank Hapoalim, from the original payment date until its actual payment, and this is without derogating from Gett’s rights to additional remedies to which it is entitled according to any law. In the event of a dispute regarding the amount of the charge, the reason for the dispute must be forwarded by email with the ride number to Gett’s customer success: Client.Services@gett.com for review no later than forty-five (45) business days after the date of sending the invoice to the Client by Gett. It is agreed and clarified that the payment of the invoice for a certain amount which is under dispute may not be detained and/or offset. The Price List of Fares set forth in Appendix A and the manner of calculating the Consideration may be updated from time to time, according to Gett’s sole discretion. The Client will be updated in writing of any such change 30 days before the actual change. It is hereby clarified that such change could include an addition, change and/or subtraction of destinations and/or components in the additions and/or in the cancellation fee and/or in the order fee, all as applicable.
3. Term and Termination. The parties’ contractual engagement will take effect from the date the parties sign the Order Form for a period of 12 months, and thereafter it will be automatically renewed, annually, for additional periods of 12 months each (the “Term”). Notwithstanding the aforesaid, either party may notify the other party, at any time, in writing, of its desire to terminate the engagement between the parties. In such case, the Order Form and the contractual engagement between the parties will be terminated at the end of a period of 7 (seven) days from the date such notice was given, and the Client will pay Gett the Consideration for Services performed by Gett up to the end of the contractual engagement as mentioned. Gett may suspend and/or delay the provision of the Services immediately, and/or cancel the contractual engagement immediately, by notice to the Client, in any event of (a) a delay in the payment of the Consideration or any part thereof according to these Terms and/or its offset by the Client contrary to the provisions of these Terms, and/or (b) an indication of a credit risk of the Client in accordance with the Client’s credit rating report from Dan & Bradstreet, BDI, etc., and/or (c) due to the Client being in insolvency proceedings and/or in the event that Gett became aware of a pending motion to institute insolvency proceedings against the Client, or of grounds for filing such a motion, or of the intention of any third party to file such a motion against the Client. In this regard, “insolvency proceedings” – liquidation proceedings (voluntary, by a court or under its supervision), bankruptcy, deletion, dissolution, receivership, freeze proceedings, proceedings for the approval of an arrangement between the company and its creditors according to section 350 of the Companies Law, proceedings for issuing a management order, proceedings for the appointment of a liquidator, receiver, special manager, trustee or other similar officer, for protection against creditors or other remedies, and any proceeding similar to those by nature, whether temporary or permanent.
4. Gett’s Representations and Warranties. Gett hereby represents and warrants, as follows: (a) that the taxi drivers who entered into a service agreement with it (the “Taxi Drivers”), declared and undertook at the time of signing the agreement with them, that they hold and will hold during the period of the agreement, all the licenses and permits required according to any law to perform transportation service by taxi, including adequate insurance coverage in this regard and to act in accordance with the guidelines of the law and the Ministry of Transportation as they are or as they will change from time to time, including with regard to the safety, health and transport of the passenger’s belongings; (b) that the Taxi Drivers have declared and undertaken to it that they have the means, skills and experience required to provide passengers with transportation services by taxi, and that they shall at all times maintain a high and courteous service orientation; (c) that it holds and will hold during the Term, all the approvals, authorities, permits and licenses required to provide the Services according to these Terms, and that to its knowledge, there is no impediment by law or agreement to the performance of its obligations according to these Terms.
5. Liability. The service providers that use the Gett application are independent contractors and they shall not be considered employees and/or agents of Gett. Gett and/or anyone acting on its behalf will not be liable for any direct and/or indirect damage, including damage caused to property or bodily injury, loss of profits, loss of savings, loss of information, disruption to the course of business and/or any damage, expense and/or financial loss or other, caused to the Client, to his employees and/or to anyone on his behalf and/or to any third party, due to and/or as a result of the use of the Software or the inability to use the Software, and/or due to reliance on the Software and its products, and/or due to the provision of the Services and/or their use and/or in connection with the transportation services provided by the taxi drivers that were ordered, including their quality and/or the lack of their provision. It is further clarified that Gett does not undertake to provide the Services which are requested to be ordered through the app. The Client declares that he is aware that the application is based on the availability of service providers who have contracted with Gett, and in the absence of availability the Services will not be provided to him by those independent service providers.
10. It is hereby agreed that Gett shall be entitled to transfer or assign, directly or indirectly, without receiving the Client’s permission, its obligations and rights according to these Terms, and the performance of the Services in full and/or part thereof, to another company in the Gett group of companies, and to any other company in the event of the acquisition of the company and/or another modification in the composition of its shareholders and/or the transfer of the activity of the company and/or part of it to another company. For this purpose, a “group of companies” includes any company that is under the first parent company in the chain of companies, as defined in the Companies Law, 5759-1999.