GETT TERMS AND CONDITIONS (CONSUMER TO CONSUMER)
These general terms and conditions (“Conditions”) define the basis upon which Gett will provide certain courier delivery services on receipt of orders made through Gett’s mobile application platform.
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement (unless the context otherwise requires), the following words and phrases shall have the following meanings:
“Agreement” shall have the meaning given in condition 1.3;
“Applicable Law” means all laws and regulations applicable in England and Wales;
“Area” means designated areas within London as more specifically outlined in Schedule 1;
“Cancellation Fee” means the the sum of £5 for cancellation of an Order;
“Collection Location” means the location notified by the Customer for collection of the Products via the Gett App and approved by Gett from time to time;
“Customer” means the individual making a request via Gett’s mobile application platform for its Products to be delivered to Recipients by Drivers. A reference to “you” or “your” shall be construed as a reference to the Customer;
“Delivery Location” means the location notified by the Customer using the Gett App to which the Products are to be delivered;
“Driver” means a driver who is (i) an independent contractor and has directly entered into a driver agreement with Gett, or (ii) an independent contractor whose fleet company has entered into an agreement with Gett, or (iii) an employee of a fleet company who have entered into an agreement with Gett to provide transportation services;
“Fees” means the fees as set out in the Gett App, which will be displayed after choosing a Collection Location and Delivery Location. The Fees may be amended from time to time by notice to you via the Gett App;
“Gett” means GT GETTAXI (UK) LIMITED a company established under the laws of England and Wales with company number 07603404 whose registered office is at 1 Plough Place, Holborn, London, EC4A 1DE;
“Gett App” means the mobile application which provides a platform for the sale of the Products and is owned by Gett;
“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
“Operational Hours” means Monday to Sunday between 09:00 and 23:00;
“Order” means a request for delivery of Products by the Customer via the Gett App;
“Product” means the good(s) which the Customer would like to be transported by a Driver to a Delivery Location;
“Prohibited Items” means:
- items with a value exceeding £100 or items which have unique personal value, including by way of example: artworks, jewellery, precious stones and metals and gold or silver coins; unless such items have been agreed in writing between the Parties;
- hazardous materials or other material which may cause harm to or endanger a human or an animal, including without limitation flammable items or other explosives;
- items the delivery of which is prohibited under applicable law, or which require a designated license for delivery, including without limitation alcohol, tobacco products, drugs, medicine, biological and chemical substances, food subject to Food Safety Laws, firearms ammunition and animals;
- any other Products regulated in accordance with Applicable Law.
“Recipients” means the recipients of the Products as identified by the Customer;
“Regulations” means the Licencing Act, Food Safety Laws and any other laws or regulations relating to the delivery of the Products;
“Services” means the platform for ordering couriers, through the Gett App, for performance of delivery services; and
“Standby Fee” means the sum of £0.50 for each minute a Driver is waiting to collect or deliver a Product.
1.2 In this Agreement (unless the context requires otherwise):
1.2.1 the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular;
1.2.2 reference to a party shall, upon any assignment or other transfer that is permitted by this Agreement, be construed to include those successors and permitted assigns or transferees;
1.2.3 the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of this Agreement; and
1.2.4 reference to any legislative provision shall be deemed to include any statutory instrument, by-law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re-enactment or amendment of the same.
1.3 These Conditions shall apply to all Orders placed by the Customer through the Gett App and each Order together with these terms and conditions shall constitute an “Agreement”.
2.1 In order to receive the Services, the Customer will need to download the Gett App, which is subject to the terms and conditions stated therein. In consideration of the Fee, Gett shall provide the Customer with access to the Services. Gett shall keep you notified of all matters relating to your Order through the Gett App. If an Order is not accepted, you will not be charged the Fee.
2.2 The Service will only be available within the Area and will operate, subject to availability, during the Operational Hours. Gett shall be entitled to change the Areas and/or the Operational Hours, at any time, at its sole discretion, and shall notify the Customer of any such change via the Gett App.
2.3 The Service is available for delivery from one Collection Location to one Delivery Location. For the avoidance of doubt, a Collection Location or Delivery Location cannot be changed after the Order has been submitted through the Gett App. If the Customer requests a change in Collection Location or Delivery Location after order submission, Gett may agree to such request and charge the Customer an additional fee, in each case at the sole discretion of Gett. You will be notified of such additional fees via the Gett App and will be given the option as to whether you want to proceed with your request to change the particulars of your Order.
2.4 Customers are prohibited from using the Services for delivery of Prohibited Items or for illegal purposes.
2.5 The weight of any individual goods forming part of the Product shall not exceed 20 Kg and the dimensions of any individual goods shall fit reasonably in a black taxi without risk of damage to the vehicle or driver.
2.6 The Customer shall be solely responsible for properly and securely packing and labelling the Products and providing adequate information regarding the Recipient to enable the Driver to perform the delivery of the Products. Where Gett reasonably considers that the information provided is not adequate, Gett may (in its sole discretion, acting reasonably) charge the Customer an additional fee. You will be notified of such additional fees via the Gett App.
2.7 The Driver will be responsible for:
2.7.1 collecting the Product from the relevant Collection Location during the Operational Hours and delivering the Product to the Delivery Location;
2.7.2 any breakage of Products following collection by a Driver from the Collection Location and prior to delivery to the Recipient at the Delivery Location; and
2.7.3 determining the most effective, efficient and safe manner to perform the delivery of the Products.
2.8 Notwithstanding the provisions of condition 2.1, Gett does not guarantee availability nor uninterrupted or error free use of the Gett App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.
3. CHARGES AND PAYMENT
3.1 In consideration for the provision of the Services, the Customer shall pay to Gett the Fees. Gett may amend the Fees or the way the Fees are calculated from time to time by giving to the Customer notice via the Gett App.
3.2 The Customer shall not be charged a standby fee in the event the Driver waited to receive the Product at the Collection Location up to 2 minutes from the time of arrival at the Collection Location. For every additional minute of standby over such 2 minute period, the Customer shall be charged the Standby Fee.
3.3 At the Delivery Location, the Driver will attempt to contact the recipient using the drop-off contact details. If the driver does not receive a response they will leave the package where instructed on the delivery notes. If there are no notes the driver will contact the Customer details to receive further instructions. If there is no response the Product will be returned to the Collection Location, and the Customer shall be responsible for receiving the Product at the Collection Location. In such event, the Customer shall be charged an additional amount equivalent to the cost of the delivery service.
3.4 Cancellation of the Order prior to the Driver assignment shall not be subject to a cancellation fee, however cancellation thereafter, and prior to transfer of the Product to the Driver, shall be subject to the Cancellation Fee. Customer shall not be entitled to cancel the Order after the Product was transferred to the Driver. If the Customer requests a cancellation after transfer of the Product to the Driver, Gett may agree to such request and charge the Customer an additional fee, in each case at the sole discretion of Gett.
4. REPRESENTATIONS, WARRANTIES, COVENANTS
4.1 The Customer represents, warrants and covenants to Gett that it is the owner of the Products and/or the Products are lawfully in their possession.
5. INTELLECTUAL PROPERTY
You acknowledge that all Intellectual Property Rights and all other rights in the Gett App are owned by Gett and remain vested in Gett at all times and you do not acquire any rights in or to the Gett App under this Agreement.
6. PRIVACY AND DATA PROTECTION
6.2 Gett does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Gett will report any such breach to the relevant law enforcement authorities and Gett will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
6.4 Electronic Communications
6.5 When you use the App or send us emails or use pop-ups or make calls, you may be communicating with Gett electronically. Gett will communicate with you by email, pop-up, push notifications,phone, text or by posting notices on the Gett website. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing.
7.1 Gett may terminate or suspend the Customer’s access to the Gett App and the Services without providing prior written notice and without cause.
8. LIABILITY AND INDEMNITIES
8.1 Subject to condition 8.4, Gett shall not be liable to the Customer for the actions or omissions of any Recipient or Driver.
8.2 Gett’s total liability to the Customer at any time, whether in contract, tort or otherwise, shall be limited to the Fees paid in relation to an Order. Subject to condition 8.4, Gett shall not be liable to the Customer whether in contract, tort or otherwise for any indirect, special, consequential, incidental, punitive, exemplary or special damage, loss, claims, costs and expenses, including loss of business, revenue, profits or use, or loss or inaccuracy of data, whether such damage, loss, claims, costs and expenses were foreseeable or notified to Customer.
8.3 The Customer acknowledges that Gett is not responsible for the Products. The Customer assumes all responsibility and any associated liability that may arise in relation to the Products (whether directly or indirectly) and the delivery thereof.
8.4 Nothing in this Agreement shall limit or exclude either party’s liability for death or personal injury caused by that party’s negligence.
9.1 These Conditions and any dispute or non-contractual obligation arising out of, or in connection with it, is subject to and interpreted in accordance with the laws of England and Wales. Each party irrevocably agrees to submit to the exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with this Agreement.
9.2 No amendment to or modification of these Conditions or the Agreement shall be binding unless made in writing and signed by each of the Parties.
9.3 Neither this Agreement nor any of these Conditions will be deemed waived, and no breach excused, unless such waiver or consent excusing the breach is in writing and signed by the waiving and/or excusing party.
9.4 If any provision of these Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Conditions or the Agreement which shall remain in full force and effect. If any provision of these Conditions is so found to be invalid or unenforceable, but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid and enforceable.
9.5 Any notice or other communication permitted or required in accordance with these Conditions by Gett will be sent to you via your Gett App account.
9.6 You can contact us by email at firstname.lastname@example.org.
9.7 Except as otherwise provided in these Conditions, nothing in these Conditions shall confer on any third party and right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
9.8 These Conditions are without prejudice to your statutory rights.
The “Area” shall consist of the Greater London area.
|Free Waiting time||2 minutes|
|Standby Fee||£0.50 per minute|