Terms and Conditions
- Information about Gett
GetTaxiRus, LLC, a legal entity incorporated under the laws of the Russian Federation. (“Gett”) Full corporate name: Limited Liability Company «GetTaxiRus», abbreviated company name: GetTaxi Rus, LLC. Location and post address: 5/2, the 1st Derbenevskiy lane, 115114, PSRN 1117746877621 TIN 7704794345. Tel/Fax: +7 (495) 989 6172. Email: email@example.com, website https://www.gett.com/ru (the “Website”).
- End User Agreement for Licensed Application and This Website
- Right of Ownership
Gett shall be the sole owner of the Application, Website and documents related thereto. Any rights to the intellectual property (including but not limited to copyright, trade secrets, trademarks, patents, etc.) arising from the Application or Website embodied therein, related thereto and connected therewith or affixed thereto shall be solely owned by Gett. This Agreement does not provide for transfer of the proprietary rights to the Application and Website or its components, but provides a restricted right to use the Application and Website which may be withdrawn in accordance with the terms of this Agreement. Neither provision of this Agreement may be considered as Gett’s waiver of its rights to the intellectual property in any jurisdiction whatsoever.
Gett shall provide to you, and you shall accept a personal, non-exclusive, non-commercial, limited, non-transferable, not sublicenseable and fully revocable licence to use the Application in a mobile device you own or dispose of or to use the Website, including its components being the software and other intellectual property objects in accordance with the terms specified herein. The Company shall reserve all rights which may be implied herein.
- Prohibited Use
Unless otherwise provided herein, you may not without a prior written approval by Gett: (i) use, modify, incorporate into another software or combine with it, create a revised version of any part of the Application or Website and its components; (ii) sell, license (sublicense), lease, assign, transfer, pledge, grant rights hereunder to any third parties; (iii) copy, distribute, or reproduce the Application or Website and its components on behalf of any third parties; (iv) publish the results of any comparative analysis regarding the Application or Website, use these results for your own competitive activity in software development; (v) modify, disassemble, decompile, sort out its component codes, process or improve the Application or Website, try to get a source code of the Application or Website and its components.
- Maintenance and Support
Gett hereunder shall not provide support, maintenance, updates, modifications and new versions of the Application. However, it may occasionally release updates for the Application and automatically by means of electronic communication update its version installed on your mobile device. You hereby give your consent for such automatic update and accept that the terms and conditions of this Agreement will be used for the above updates.
- Warranty Disclaimer
The Application and the right to use the Website shall be provided without a quality warranty and shall not provide for any warranties, weather expressed or implied. Gett shall not warrant that the Application and Website will meet your requirements, and that they will be uninterrupted or error-free. In cases prescribed by the law, Gett shall expressly disclaim any direct warranties, including but not limited to warranty of title and non-infringement and any implied warranties, including (but not limited to) the indirect warranties of merchantability and fitness for a particular use. Gett shall not be liable for the accuracy, completeness, applicability or reliability of the results obtained from the use of the Application or Website or any data and information downloaded or otherwise obtained through the use of this Website or Application. You shall assume the responsibility to download, otherwise get information through the Application or Website at your own risk and at your sole discretion; however, no claims for damages incurred by you or in relation to your property can be brought against Gett.
- Indirect Loss Disclaimer
Gett shall not be liable in contract or in tort (including negligence), as well as in other cases, to you or any third party for any loss or damage (including indirect, special, consequential), including but not limited to any damage or loss in respect of income from commercial activities, lost profit, goodwill, corrupted or lost data or documents, incurred by any person as a result of or in connection with the use of the Application or Website even if Gett becomes aware of a possibility of such damage.
- Limitation of Liability
If despite the terms of this Agreement, Gett is deemed liable for the damage, the reimbursement shall not exceed one hundred US Dollars ($100).
- Licence Termination
Gett may terminate the license issued at any time and for any reason. In addition, your violation of this Agreement will result in cancellation of your license and the Agreement. After expiry of the Gett Agreement: (i) the license granted hereunder will cease to be valid, and you’ll be have to stop using the Application and Website; (ii) you will have to immediately return to Gett all material property representing the Gett’s rights to the intellectual property, as well as all copies thereof and/or erase/delete all such information kept in electronic form. Clauses 2, 6-11 shall survive termination of this Agreement.
- Applicable Law and Jurisdiction
This Agreement shall be governed and construed in compliance with the laws of the Russian Federation (except for the cases when the law provides otherwise), and the competent courts of Moscow will have exclusive jurisdiction to resolve any disputes or conflicts arising in connection with this Agreement. Application of the UN Convention on International Sales Contracts is explicitly excluded.
You undertake to protect the rights, indemnify and ensure that no damage is caused to Gett, its directors, officials, shareholders, licensors, employees, agents and representatives in connection with any claims, damages, losses, costs, debt obligations and expenses (including but not limited to legal fees) arising as a result of any breach hereof.
- Third Parties' Software
In the event that the Application or Website contains any third parties’ software, such software shall be provided without any quality warranties, and its use shall be regulated by the terms and restrictions as set by the mentioned third parties.
Gett may unilaterally amend this Agreement and other rules, terms and information placed on the Gett Website without any additional notification. In the event that for any reason you disagree with the above changes, it means that you shall delete the Application from your mobile device and not use the Application, this Website and Gett Service. Otherwise, you will unconditionally agree with all the rules, terms and information published on this Website or in the Application and changes thereto.
Gett shall observe your rights for non-disclosure of personal information and assume all obligations for keeping personal data transferred to Gett.
When providing with services at the User’s request, Gett may have access to personal data of the User obtained automatically in the course of access to the mobile application or Website and their direct usage, including but not limited to: the identification data of the User’s browser (or other program used to get access to the Website), order of visiting pages by the User, time and date of connection and access of the User to the Website and in Application, IP-address, cookie files data, User’s mobile device model, data of the User’s location provided by geolocation services in the User’s device, specifications of the equipment and software used by the User, and other detailed information.
You may get access to your account and make changes in Personal Information section in the Application or Website.
Gett shall pay much attention to User’s personal information protection. Gett shall take necessary and sufficient organizational and technical measures for protection of User’s personal information from unauthorized or accidental access, destruction, change, blocking, copying, distribution, and other illegal acts by third persons. Nevertheless, Gett may not guarantee absolute protection of the data. Users shall keep in secret the number of their Account and other related information, and it is recommended to change a password from time to time.
- Information about Gett Service
Gett shall provide an opportunity to book a taxi, as well as to arrange grocery and food delivery and other services (hereinafter referred to as ‘the Services’) rendered by third parties — Gett partners (hereinafter referred to as ‘the Partners’).
16.2. Using the Application and this Website you get a possibility to publish the information on the interest in obtaining the paid Services from Gett partners (hereinafter referred to as the «Order«).
16.3. You hereby agree that all Services shall be provided “as is” and Gett shall not be responsible for the quality Services rendered, for delays, failures, incorrect or late delivery, as well as failures in the payment systems.
16.4. When using the Application or Website, you shall place an Order for provision of Services among the Partners using the information obtained through the Application or this Website. Gett shall provide an exclusive right to use this Website and Application, and under no circumstances it shall render and will render the Services ordered through the Application or Website, as well shall not and will not be held liable for the Services rendered by the Partners. The Partner shall act as the contractor hereunder. In compliance with the applicable laws, the liability which may be applied as a result of undue rendering of the Services, as well as in case of submitting the information about the Service, User, terms of the Service rendering, applicable tariffs and rendering of the Service itself, its safety, issue of the strictly accountable documents, damage upon rendering of the Service and other obligations, shall be borne exclusively by the Partner. You may raise your claims and demands directly to the Partner as performer of the Services.
16.5. In some specially stipulated cases, Gett may act for and on behalf of the Partner as it is stipulated in case of a possibility of payment for the Services by using the bank cards with the Application used or Website. In other cases, where Gett is not expressly defined as an authorized representative of the Partner, the Partner shall act independently, and you shall have relationship directly with it.
16.6. When using the Application or Website, you acknowledge that you are a legal owner of the mobile device on which the Application has been installed and a properly registered and legitimate user of mobile radiotelephone service and telematic services that enable using a possibility to transmit the data for the use of the Application or this Website and identify you as a user of the Application or this Website. You shall also unconditionally agree to get service sms-messages required to implement the functionality of the Application, Website and Gett Service.
16.7. Gett shall reserve the right at any time to demand from the User to evidence the data stated for registration of account, including payment data, and in this relation request evidencing documents (identification documents), the failure whereof may result in restriction of access to Gett services (account) or account blocking in view of violation of requirements hereof and under the terms and conditions provided by clause 10.1 hereof.
16.8. You independently make an Order using the Application or the Website;
16.9. You pay for the Order in one of the following ways:
16.9.1. in cash when ordering directly from Gett Partners on their websites or through applications belonging directly to Partners.
16.9.2 on-line payment using the Application or Website with VISA or Master Card, American Express or MIR payment systems.
16.10. You have the option to link a bank card to your personal account. In the future, the payment for your subsequent Orders will be debited automatically from a bank card attached to your personal account without specifying details.
16.11. Details about payment for Services are available in Payment Terms section.
16.1.1. Gett shall not be liable for compliance or non-compliance by Partners with their obligations towards You as well as for accuracy of data provided by Partners. Gett exclusively serves as an information link between You and Partners, information about which is available on the Website.
- Information Support
Gett may inform you about the procedure and methods to use the Application and Website, marketing, advertising and other events held by Gett, terms to acquire and consume the third parties’ services using the Application and Website, by sending messages and calls, including those that contain advertising, to a mobile phone, computer or another device, including by using the connection network by any method accessible to Gett. Acceptance of the terms hereof shall mean that you unconditionally agree with the Gett’s right as stated above and to obtain the messages.
Please note that lost things shall be in general stored by Gett within 30 days as of their detection; afterwards, they shall be subject to mandatory disposal. Lost identification documents and other similar documents shall be delivered to the internal affairs department after expiration of 30 days as of their detection. Perishable goods and things of value shall be subject to disposal within 23 hours as of detection.
- Information on Individual Services
19.1. Gett Delivery
In addition to the above terms, the below terms shall be also applied to Gett Delivery service.
19.1.1. The service rendered by Gett as to the Gett Delivery service shall represent a service of facilitating the communication between you and Gett Partner that renders courier delivery services.
19.1.2. Gett Partner rendering courier delivery services as a part of Gett Delivery service shall be an independent operator acting separately from Gett. Gett is not an entity which renders courier delivery services as a part of Gett Delivery service, and use of Gett sign in the context of services designation shall not be an indication that Gett is a source of courier delivery.
19.1.3. Gett Partner rendering courier delivery services as a part of Gett Delivery service shall be solely liable for quality and safety of the services rendered. Gett shall not assume any liability in respect of the above.
19.1.4. Gett Partner rendering courier delivery services as a part of Gett Delivery service shall be solely liable for completeness and reliability of any information that relates to the courier delivery, and Gett shall not assume any liability in this respect
19.1.5. Courier delivery services as a part of Gett Delivery service shall be rendered by Gett Partner couriers either with or without the use of a car (pedestrian courier)
19.1.6. The courier delivery services as a part of Gett Delivery services shall not include delivery of the following items:
- Items which amount of measurements (except where noted) for length, width (two diameters or axes at the base of the roll) and height exceeds 170 cm; long items which are more than 170 cm long.
- Easily breakable items without covers (package).
- Flammable, explosive, poisonous, toxic substances and items, including household gas cylinders.
- Bicycles, carriages, strollers and wheelchairs, and other vehicles.
- Animals and birds outside the cages or special containers (bags).
- Items that become dirty or which may dirty others, evolve fetid smell and are inconvenient to carry.
- Items which in order to be transported require specially equipped vehicles, including food products.
- Items which weight is over 20 kg when courier delivery services are rendered by carriers on cars and .5 kg when the services are performed by pedestrian couriers;
- Items prohibited for transportation within the RF territory.
- Items restricted in turnover under the applicable laws of the Russian Federation and forbidden to be carried under the rules, including but not limited to:
- fire arms, flare guns, air guns, gas spray guns, ammunition, cold weapon (including missile), electric strikes and spark gaps, and main parts of fire arms
- drugs, psychotropic, potent, radioactive, explosive, poisonous, caustic, flammable, and other substances classified as dangerous cargo
- animals and plants, biological materials
- bank notes of the Russian Federation, foreign currency, securities, excise marks, perishable goods, artistic treasures, materials with sexual content
- items that due to their nature or package may be dangerous for the Courier or damage other packages and equipment
- infringing goods – goods, emblems, packages with illegal trademarks or confusingly similar marks
- packages containing precious metals, stones or products thereof;
- identification documents and packages requiring special conditions for storage and transportation, including special temperature conditions.
19.2. Services also can be provided in the form of transportation of passengers and baggage in Business (Business VISA), VIP (VIP VISA), VIP Plus (VIP Plus VISA), Minivan (Minivan VISA) classes.
In addition to the conditions outlined above you agree with the procedure of interaction of the parties when entering into a freight contract with Partners through the Gett Service.