Gett Terms of Use
Last Updated: July 30, 2015

Please read these Terms of Use carefully before using this Website and/or the Gett App. Your accessing or use of this Website and/or App and/or completing the registration, as well as your agreements to use the Services provided by Us confirms your unconditional acceptance of the following Terms of Use. If you do not accept each and every of these Terms of Use, do not use this Website or the Gett App.

1.              Accepting these Terms of Use

 

1.1       Welcome! The Website www.Gett.com (the “Site”) and our mobile software application “the “Gett App”) is operated by GT Forge, Inc d/b/a Gett located at 237 West 35th Street, New York, New York 10001 (“We, Our or Us”) for Users including anyone who accesses or registers for the Site (together, “User, Users, You or Your”). The Site and the Gett App are provided to help Users find and hire drivers either for passenger transport or for delivery of goods. (collectively, the “Services”).

 

1.2       Your use of the Site and the Gett App, or any other Gett software licensed through a third party distributor is also governed by any applicable current end user license agreement (“EULA”) made available through the third party distributor. In the event of a conflict between any provision in these Terms of Use and any EULA, the conflicting provision in these Terms of Use will prevail.

1.3       Certain offerings, including without limitation sweepstakes, rewards, contests of skill, or promotions on the Site or through the Gett App, may be subject to additional guidelines, rules, or terms (“Additional Terms“). These Additional Terms will be located where We post the sweepstakes, rewards, contests of skill, or promotions on the Site. In the event of a conflict between the Terms of Use and the Additional Terms, the Additional Terms take precedence in relation to that Service. The Additional Terms for such Services are hereby incorporated by reference into these Terms of Use.

1.4       SEPARATE TERMS OF USE SHALL APPLY TO THE TRANSPORTATION AND/OR DELIVERY SERVICES ORDERED THROUGH OUR SITE AND THE GETT APP, INCLUDING PAYMENT RATES AND CANCELLATION POLICIES SET BY THE TRANSPORTATION PROVIDERS (“TRANSPORTATION RULES“).

1.5       We may in Our sole discretion and at any time, change, add, or delete portions of these Terms of Use, the Additional Terms, and any other terms on the Site. It is Your responsibility to check these Terms of Use, the Additional Terms, and any other terms on the Site for changes prior to use of the Site. Your continued use of the Site following the posting of changes constitutes Your acknowledgment and acceptance of, and agreement to, such changes. We will notify You of any such material changes by posting notice of the changes on the Site.

 

1.6       PLEASE READ THIS TERMS OF USE CAREFULLY AND IN ITS ENTIRETY BEFORE USING THIS SITE OR THE GETT APP, AND CHECK IT PERIODICALLY FOR CHANGES. YOUR USE OF THE SITE IS SUBJECT TO AND CONDITIONED UPON YOUR AGREEMENT TO, AND COMPLIANCE WITH, ALL OF THE TERMS OF USE BELOW (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE GETT APP. BY CLICKING A BOX THAT STATES THAT YOU HAVE READ AND AGREE TO THESE TERMS, YOU SIGNIFY (1) YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF, AND AGREEMENT TO, THESE TERMS OF USE, (2) YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, AND (3) THAT YOU ARE 18 YEARS OF AGE OR OLDER.

1.7       You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, and which include, but are not limited to, Your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of Our use or display of Your Submissions (as defined below in Section 13, and the possibility of the publicity and promotion from Our use or display of Your Submissions.

  1. Use of the Site and the Gett App

2.1       Users must create an Account to access the Services (“Account”). Users shall access and use the Site and the Gett 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 Gett 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 Gett App at any time by sending Us written notification via email to CC-NYC@GETT.COM or by registered mail to Our address at 237 West 35th Street, New York, New York 10001. Ceasing to be a User of the Site or the Gett 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 Gett 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 Gett 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 Gett 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 Gett App, as well as reasons beyond Our control. We will attempt to provide You 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 Gett App may be posted on the Site or the Gett App from time to time. However, We do not guarantee the access to or performance of the Site or the Gett 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 Gett App or Services, or impose charges for accessing any or all portions of the Site, the Gett 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 Gett App or Services. If You object to any such changes, Your sole recourse will be to cease accessing the Site, the Gett App or Services. Your continued access of the Site, Gett App or Services following any such changes shall constitute Your acknowledgement of and agreement to such changes, and Your satisfaction with the Site, Gett 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, Gett 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, GETT 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, GETT APP OR SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.

  1. Accounts.

3.1       To set up an Account, You must 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.

3.2       You are solely responsible for all use of Your Account Information and all Reservations and activities, act or omission of any third party, including without limitation any act or omission in violation of these Terms of Use, that may occur under or in connection with Your Account. You shall notify Us immediately by sending an email to CC-NYC@GETT.COM if You become aware that Your Account Information is being used without Your authorization.

3.3       We reserve the right to take any and all action as deemed necessary or reasonable in Our sole discretion, to ensure the security of the Site, the Gett App and Your Account, including without limitation terminating Your Account, changing Your password, or requesting additional information to authorize transactions on Your Account.

  1. Pricing.

4.1       While We do not charge fees to use the Site, the Gett App or Services, We may charge fees for certain auxiliary services (such as making a Reservation by telephone, or selecting premium options for Your Services). Any rates or fees presented to You via the Site, Gett App or Service when searching or making a Reservation for 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 Services.

  1. Reservations.

5.1       These Terms of Use, together with the Additional Terms, the Transportation Rules and any other terms on the Site shall govern any Reservation for Services You make through the Site, the Gett App or Services or by phone (a “Reservation“).

5.2       You understand and acknowledge that all reservations for passenger transport made via the Site, the Gett 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 Gett 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.

5.3       In the event We or the applicable Transportation Provider cannot fulfill the Reservation, We will use commercially reasonable efforts to contact You via the contact information associated with Your Account at the time of the Booking. You acknowledge and agree that any violation of the Terms of Use, the Additional Terms, the Transportation Rules or any other terms on the Site may result in cancellation of Your Reservation (s), in Your being denied access to any Reservation, or in Your forfeiting any fees You may have paid for such Reservation(s). You hereby authorize Us to debit Your Account (via the method of payment associated with Your Account) for any costs We incur as a result of such violation.

5.4       We reserve the right to charge a fee for payments made through the Site, the Gett 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 Services (including arrival time of a Transportation Provider and how long a delivery or passenger trip will take) 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 Services 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, or to timely deliver any goods.

5.6       Car Seats. At the time You make a reservation for passenger transport, 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.

  1. Payment, Receipts and Refunds.

6.1       You may pay for any Services through Our Site, the Gett App or Services or with a credit card or debit card directly, although certain Transportation Providers require Us to charge for their Services through the Site, Gett App or Services. To pay for Services through Our Site, Gett App or Services, You shall provide Gett 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, Gett App or Services, You will be responsible for all fees arising from the Services You order through Our Site, Gett 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.

  1. Promotions.

7.1       From time to time, We may offer promotions, deals or discount codes for the Site, Gett 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 Gett App.

  1. Cancellations and No-Shows.

8.1       Any cancellations, no-shows or failure to be present to accept deliveries shall be governed by Our Terms of Use and the applicable Transportation Provider’s Transportation Rules. Additionally, certain Reservations shall have specific cancellation windows and You shall be responsible for all fees if You fail to show for a Reservation and fail to cancel the Reservation within the cancellation window. The Transportation Rules and associated fees may vary by Transportation Provider.

  1. 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 CC-NYC@GETT.COM.

  1. 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.

  1. Mobile Communications.

11.1     By accessing and using the Site, Gett App or Services with a mobile device, Your acknowledge and agree that You may receive certain communications from the Site, Gett 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, Gett 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 Services; and (ii) Gett shall not be responsible for the accuracy of such information or any use of such information by third parties including without limitation Transportation Providers.

  1. Electronic Communications.

12.1     You (i) consent to receive communications from us in an electronic form; and (ii) agree that all Terms of Use, agreements, notices, documents, disclosures, and other communications (“Communications“) that We provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your consent to receive Communications and do business electronically, and Our agreement to do so, applies to all of Your communications and transactions with Us. The foregoing does not affect Your non-waivable rights. You may also receive a copy of these Terms of Use by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting Us via email at CC-NYC@GETT.COM. If You withdraw your consent, from that time forward, You must stop using the Site and Services. The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided by Us or any business transacted prior to the time You withdraw Your consent. You shall keep Us informed of any changes in your email address so that You continue to receive all Communications without interruption.

  1. Proprietary Rights.

13.1     The design of this Site and the Gett App, and 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 displayed on or that can be downloaded from this Site and the Gett App, are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with prior written permission of the owner of such material. The contents of this Website and App are © 2015, GT Forge, Inc. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Site or the Gett App in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. All material (collectively, the “Content”) appearing on this Site or the Gett App, including but limited to the images, video, text, terms and conditions, privacy policy, source code, designs, or anything else that is delivered to your browser when you use any portion of this Site or the Gett App, is protected intellectual property owned by Us. You may use the Content under and according to these Terms, but all other uses are prohibited and will be treated as an infringement of our intellectual property rights. You shall not:

  • sublicense, sell, assign or otherwise share the Content with anyone;
  • duplicate any part of the Site, Gett, App or any Content appearing on the Site or the Gett App, for any purpose (except as expressly provided elsewhere in these Terms);
  • distribute, share, trade or create any derivative works based on the Site, Gett App, or any of the Content, and you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
  • use the Site, Gett App and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
  • post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
  • remove any copyright or other proprietary notices from any of the Content; or
  • circumvent any encryption or other security tool(s) used anywhere on the Site or the Gett App.

13.2     You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial uses. Any license granted to You will terminate and be immediately revoked upon Your use of any Content in violation of this Section.

  1. Submissions

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).

14.3     No portion of Your Submission shall be subject to any obligation of confidence on Our part and You should expect no privacy with respect to Your Submissions, except for personally identifiable information (“PII”) that is subject to Our Privacy Policy and is not made publicly available by You. PII is information that is personal to a User and which can be used to identify or contact a User, including first and last name, home or other physical address including street name and city or town, email address, telephone number, Social Security number, or any other identifying information that would permit physical or online contact with a User.

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.

  1. 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 Gett App (including, but not limited to, any Public Forums (as defined below) or other communication systems provided by the Site or Gett 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 Gett App in any manner which could damage, disable, overburden, or impair the Site or Gett App, or interfere with the access, use or enjoyment of this Site of Gett App by others, including, but not limited to, causing greater demand on the Site or Gett 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 Gett 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, Gett 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 Gett App.
  • Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Site or Gett App, their Content, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site, Gett App or Content.
  • Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site, Gett 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 Gett App, or bypass any robot exclusion request (on headers or anywhere else on the Site of the Gett App).
  • Use any meta tags or any other “hidden text” utilizing any Content or intellectual property rights 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 Gett 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.

  1. Public Communications and Forums.

16.1     The Site and the Gett 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 Gett App.

16.2     Users are solely responsible for the Submissions they make, and the consequences thereof, on or through the Gett 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 Gett 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 Gett 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.
  • To the extent permitted by applicable law, identify any User and/or disclose any Submission or PII to third parties, when We believe that such identification or disclosure will facilitate compliance with laws or help to enforce these Terms of Use.

We encourage Users to report to Us any suspected violations of this Agreement or any other additional terms posted on the Site.

  1. 17.

17.1     Your use of the Site and Services, and certain information about Users, is subject to Our Privacy Policy, located at http://www.Gett.com/gett-privacy-policy.html, which is hereby incorporated and made part of this Agreement. By accessing this Site, Users consent to the collection and use of information as described in Our Privacy Policy, as may be amended by Us from time to time.

17.2     You hereby provide Gett with full, irrevocable authority to provide data concerning Your name, mobile telephone number, journey and pick-up time to Gett’s pool of Transportation Providers and drivers in your location. This data will be used to select Your Transportation Provider from Gett’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 CC-NYC@GETT.COM or by registered mail to Our address at 237 West 35th Street, New York, New York 10001.

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.

  1. 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.

  1. 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.

  1. Disclaimers of all Warranties.

20.1     THE SITE, THE GETT 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 THE SITE, THE GETT 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.

20.4     WE DO NOT CLAIM OR PROMISE THAT ANY RIDES OR DELIVERIES ARRANGED USING THE SITE OR THE GETT APP WILL IN FACT OCCUR; THAT DRIVERS WILL PICK UP PASSENGERS OR DELIVERIES ON TIME OR AT ALL; THAT USERS WILL REACH THEIR DESTINATION ON TIME, OR AT ALL. THAT USES WILL RECEIVE THEIR DELIVERIES ON TIME, OR AT ALL. WE ALSO DO NOT MAKE ANY CLAIM OR PROMISE REGARDING THE TIMING, DURATION, QUALITY OR SAFETY OF THE RIDE. YOU HEREBY AGREE AND ACKNOWLEDGE THAT WE HAVE MADE NO SUCH CLAIMS OR PROMISES AND THAT WE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES OR LOSSES

20.5     CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS

  1. Indemnification

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.

  1. Limitation of Liability and Damages Cap

22.1 LIMITATION OF LIABILITY AND EQUITABLE RELIEF. IN NO EVENT SHALL WE, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY INJURY, INJURY TO TO PROPERTY, DEATH, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF: (i) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEBSITES LINKED TO THE SITE OR TO THE GETT APP, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES OR ON THE GETT APP, (ii) ANY CONDUCT BY OR ON BEHALF OF US THAT CONSTITUTES, OR MAY CONSTITUTE, A CIVIL VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT OF 1984 AND AS MAY BE AMENDED FROM TIME TO TIME, OR (iii) ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITE OR THE GETT APP, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM US, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL USERS, SUBSCRIBING ORGANIZATIONS (INCLUDING WITHOUT LIMITATION ANY OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES THEREOF), AND ANY AGENTS, REPRESENTATIVES OR ASSIGNS THEREOF, HEREBY WAIVE ANY CLAIMS FOR EQUITABLE RELIEF AGAINST US, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, ARISING OUT THE SERVICES OR FOR THE REASONS SET FORTH IN SUBSECTIONS (i) – (iii) HEREIN, WHETHER OR NOT SUCH SERVICES WERE USED BY SUCH PERSONS OR ENTITIES.      

22.2 DAMAGES CAP. IN NO EVENT SHALL WE OR OUR AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

22.3 REFERENCE SITES AND THIRD-PARTY APPLICATIONS. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH ABOVE IN THIS PARAGRAPH SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR THE GETT APP, OR THE SERVICES OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES AND THIRD PARTY APPLICATIONS.

22.4 EFFECT OF STATE LAW. THE LIMITATIONS ON LIABILITY AND DAMAGES CAP SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE LIMITATIONS OF LIABILITY AND DAMAGES CAP SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.

  1. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED OUR SERVICES, SET ITS PRICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN; THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US; AND THAT THE DISCLAIMERS OF WARRANTIES, THE LIMITATIONS OF LIABILITY AND LIABILITY CAP SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

  1. Releases.

24.1     The Site and the Gett App provide You with access to a large number of independent Transportation Providers in your locality. Your contract for the hire of 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.

 

24.2     YOU HEREBY RELEASE GETT, 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, GETT 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.

  1. Governing Law

25.1     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.

  1. No Representations

26.1     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.

  1. Limitation of Claims

27.1     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.

  1. Infringement Notices and Takedown

28.1     We comply with the Digital Millennium Copyright Act (“DMCA”). We respect the intellectual property of others. If you believe in good faith that any content on the Site or the Gett App infringes the copyright owned by you or a third party, please contact our copyright agent, who is:

Name of Designated Agent: Shana Hook
Full Address of Designated Agent: 237 West 35th Street, New York, New York 10001
Telephone of Designated Agent: 212-804-8530
E-mail address of Designated Agent: legal@gett.com

The notice must contain the following information:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work allegedly infringed;
  • Identifying information reasonably sufficient to allow determination by Us of the location of the material that is allegedly infringing;
  • Information reasonably sufficient to permit Us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

28.2     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.

28.3     You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact the representative designed above.

28.4     We reserve the right to terminate any User’s access to the Site or the Get App if We determine, in Our own discretion, that the User is a repeat infringer.

  1. International Users and International Travel

29.1     This Site is controlled, operated and administered by Gett 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.

29.2     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.

  1. General Provisions

30.1     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.

30.2     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.

30.3     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.

30.4     This Agreement, the Additional Terms, any other terms on Our Site, Our Privacy Policy and the Transportation Rules comprise the entire agreement between You and Us, state Our and the Transportation Providers’ entire liability, and Your exclusive remedy with respect to the Site and Services, and supersede all prior agreements pertaining to the subject matter of this Agreement and such terms, rules and policies.

30.5     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.

30.6     The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination.

30.7     The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

30.8     You agree that no joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms or use of the Site, the Gett App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.

30.9     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 CC-NYC@GETT.COM 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 CC-NYC@GETT.COM

31. Pricing Policies for the $10 deal:

  • No-surge guarantee
  • Tip and tolls may apply
  • 3 min of free waiting time, $1/min thereafter
  • $5 for additional stops
  • Coupons must be entered before your ride
  • No refunds for unused coupons
  • $10 applies for rides up to 45 minutes long that start, stay, and end in Manhattan below 110th St.
  • Tolls incurred on the way to pick up or during your ride are charged

Copyright 2015, GT Forge, Inc. d/b/a Gett. All rights reserved.

 

GT Forge Driver Terms of Service

5/15/2016

 

This following user agreement describes the terms and conditions on which GT Forge, Inc. offers you access to the GT Forge platform.

Welcome to the user agreement (the “Agreement” or “User Agreement” or “Terms of Service”) for GT Forge (the “GT Forge Platform”), an application owned and operated by GT Forge Inc., a Delaware corporation, whose principal office is located at 237 West 35th Street, Suite 200, New York, NY 10001. This Agreement is a legally binding agreement made between you (“You,” “Your,” or “Yourself”) and GT Forge, Inc. (“GT Forge,” “We,” “Us” or “Our”).

GT Forge is willing to license, not sell, the GT Forge Platform to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the GT Forge Platform, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then GT Forge is unwilling to license the GT Forge Platform to You.

This Agreement shall apply to each and every version of the GT Forge Platform that You acquire from Apple, Inc. (“Apple”) and its digital distribution platform (the “Apple App Store”), and/or from Google, Inc. (“Google”) and its digital distribution platform (“Google Play”), and/or from the GT Forge Website.  Your acquisition of each such GT Forge Platform is governed by the terms and conditions set forth in the Licensed Application End User License Agreement published by Apple and/or Google and/or GT Forge (the “User Agreement”), the terms of which are incorporated by reference, inclusive of their definition of You as the ”user” or “end-user.” In the event of any conflict between the terms of this Agreement and those contained within Apple’s Licensed Application End User License Agreement or Google’s Terms of Service, you agree that the terms set forth in this Agreement shall control.  Furthermore, you agree that while Apple and Google are not parties to this Agreement and have no obligations with respect to the GT Forge Platform, Apple/Google and its subsidiaries are third party beneficiaries of this Agreement.  Accordingly, by accepting this Agreement, You agree that Apple/Google shall have the right to enforce this Agreement against You as a third party beneficiary.

The GT Forge Platform provides a means to enable persons who seek transportation to certain destinations (“Riders”) to be matched with independent vehicle owners and/or operators (“Drivers”). For purposes of this Agreement these services shall collectively be defined as the “Services”. This Agreement describes the terms and conditions that will govern your use of and participation in the GT Forge Platform.

Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use any of the Services. By using any of the Services, You become a Participant in GT Forge and a User of Services available on the GT Forge Platform (“Participant” or “User”) and You agree to be bound by the terms and conditions of this Agreement with respect to such Services.  If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access GT Forge or register for the Services provided on GT Forge.

GT Forge does not provide transportation services, and GT Forge is not a transportation carrier, nor is it a licensed dispatching base; rather it is a service provider that uses its Platform and technology to provide the Services described herein.  It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the GT Forge Platform, and it is up the Rider to decide whether or not to accept a ride from any Driver contacted through the GT Forge Platform. Any decision by a user to offer or accept transportation once such user is matched through the GT Forge Platform is a decision made in such user’s sole discretion. GT Forge offers information and a method to connect Drivers and Riders with each other, but does not and does not intend to provide transportation services or act in any manner as a transportation carrier, and has no responsibility or liability for any transportation services voluntarily provided to any Rider by any Driver using the GT Forge Platform.  GT Forge is not the employer of any Driver using the GT Forge Platform.

Cash prohibited.

All payments made by Passengers to Drivers shall only be made through the GT Forge Platform. Cash and/or forms of direct payment are strictly prohibited. Neither Drivers nor Passengers may make or accept payments for services rendered in cash under any circumstances.  All Charges shall be facilitated through Stripe, Inc., GT Forge’s third-party payment processing service.

Promotional Offers.

GT Forge, at its sole discretion, may make available promotional offers with different features to any of our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract.

Changes to Terms, Conditions and Fees.

GT Forge may, in its sole discretion change its terms, conditions, and/or fees effective seven (7) days from the date such change is posted on the GT Forge Platform and appears in these Terms and Conditions, or the date we notify You of such change, whichever is earlier.  If You object to any such changes, Your sole recourse will be to cease using the GT Forge Platform and related Services, and to cease contracting with Us.  Your continued use of the GT Forge Platform following any such change or changes shall constitute Your acknowledgement of and agreement to such changes.  Nothing contained herein shall be deemed to restrict Our ability to terminate Your use of the GT Forge Platform in Our sole discretion.  We encourage You to check this Agreement periodically if You are interested in keeping abreast of changes to Our terms, conditions and fees. This Agreement may not be otherwise amended except in writing and signed by you and GT Forge.

Errors in Payment.

You agree as a condition to using the GT Forge Platform to promptly review each earnings statement We issue to you for errors.  In the event You believe an error has been made, You agree to contact us at: drivers-us@gett.com within fourteen (14) days of the date of the earnings statement with Your concerns so We may investigate same.  You further agree that once fourteen (14) days has elapsed following our issuance of an earnings statement to you, each item listed on the statement shall, unless questioned within the fourteen (14) day period, be deemed correct and to have been accepted as correct by You.

Damage Fee.

In the event that a Driver reports to GT Forge that a Rider has, in any manner, soiled or damaged the Driver’s vehicle, GT Forge will seek to recover the cost of cleaning and/or repair from the Rider (the “Damage Charge”).  If such Damage Charge is paid by the Rider, same shall be remitted to Driver. GT Forge reserves the right (but is not obligated) to verify or otherwise require documentation prior to seeking Damage Charges from a Rider.  In the event that damage expenses incurred exceed the Damage Charge collected by GT Forge, then the Driver may pursue further claims against the Rider.

Insurance

All Drivers operating in New York are independent vehicle owners and/or operators and, are expected to procure insurance in accordance with local applicable regulations.

Eligibility

Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a Participant, You represent and warrant that You are at least 18 years old. By using the GT Forge Platform or the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

 

You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or GT Forge for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. GT Forge has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact Us immediately.

Term and Termination

This Agreement is effective upon use of the GT Forge Platform or the Services for new Users and upon the posting dates of any subsequent amendments to this Agreement for all current Users. You may terminate Your participation in the Services at any time, for any reason upon receipt by Us of Your written or email notice of termination. Either You or We may terminate Your participation in the GT Forge Platform by removing Your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, We will remove all of Your information from Our servers, though We may retain an archived copy of records We have about You as required by law or for legitimate business purposes. We maintain sole discretion to bar Your use of the Services in the future, for any or no reason. Even after Your participation in the GT Forge Platform is terminated, this Agreement will remain in effect.

Your Information

Your Information is any information You provide, publish or display (“post”) to the GT Forge Platform or in any public message area (including, but not limited to the feedback section) or through any email feature (“Your Information”). Your Information will be stored on computers. You consent to Us using Your Information to create a User account that will allow You to participate in the Services. You are solely responsible for Your Information and Your interactions with other people in the public, and We act only as a passive conduit for Your online posting of Your Information. When You use the GT Forge Platform, You agree to provide accurate, current and complete information as prompted by Our registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times during the Term of the Agreement. You agree that We and other people of the public may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, We have the right to terminate this Agreement and Your use of the Services.

 

By accepting this Agreement, a Driver agrees that We may obtain information about the Driver, including without limitation the Driver’s driving record, references and credit information. A Driver hereby authorizes Us to perform a background check on Driver, and further agrees to provide any necessary authorization to facilitate Our access to the Driver’s official driving record, references and credit information during the term of the Agreement.

Social Media and Networking Sites

As part of the functionality of the GT Forge Platform, You may be able to login through online accounts You may have with third party service providers (each such account, a “Third Party Account”) by either:

providing Your Third Party Account login information through the GT Forge Platform; or allowing GT Forge to access Your Third Party Account, as is permitted under the applicable terms and conditions that govern Your use of each Third Party Account.

 

You represent that You are entitled to disclose Your Third Party Account login information to GT Forge and/or grant GT Forge access to Your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third Party Account and without obligating GT Forge to pay any fees or making GT Forge subject to any usage limitations imposed by such third party service providers. By granting GT Forge access to any Third Party Accounts, You understand that

GT Forge may access, make available and store (if applicable) any content that You have provided to and stored in Your Third Party Account (the “SNS Content”) so that it is available on and through the GT Forge Platform via Your account, including without limitation any friend, contacts or following/followed lists, and

GT Forge may submit and receive additional information to Your Third Party Account as indicated herein.

Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be Your Information and Your Content for purposes of this Agreement. Depending on the Third Party Accounts You choose and subject to the privacy settings that You have set in such Third Party Accounts, personally identifiable information that You post to Your Third Party Accounts may be available on and through the GT Forge Platform. Please note that if a Third Party Account or associated service becomes unavailable or the GT Forge Platform’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the GT Forge Platform. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. GT Forge makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and GT Forge is not responsible for any SNS Content.

 

Driver Representations and Warranties

By using the Service, You represent, warrant and agree that:

You are at least 21 years of age.

You possess a valid driver’s license and are authorized to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to third parties in all jurisdictions in which You use the Services.

You own, or have the legal right to operate, the vehicle You use when accepting Riders, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

You are named or scheduled on the insurance policy covering the vehicle used when accepting Riders.

You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of Your vehicle to cover any anticipated losses related to Your provision of rides to Riders.

You will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle used to transport Riders, including, but not limited to personal injuries, death and property damages.

In the event of a motor vehicle accident, You will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with Your insurance carrier.

You will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.

You will not make any misrepresentation regarding GT Forge, the GT Forge Platform, the Services or Your status as a Driver, offer or provide transportation service for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Riders, or engage in any other activity in a manner that is inconsistent with Your obligations under this Agreement.

You will not transport a Rider on any trip arranged through the GT Forge Platform which is in excess of one hundred (100) miles.

You will only accept Riders using the vehicle that has been reported to and photographed by GT Forge.

You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, nor will You refuse to transport a passenger traveling with a service animal.

You agree that You are an independent contractor and not an employee; and that You are not subject to any supervision, direction and/or control with respect to providing any rides pursuant to this Agreement.

 

Restricted Activities

You agree that You will use the Services in a manner consistent with any and all applicable laws and regulations. We reserve the right, but are not obligated to investigate and terminate Your participation in the GT Forge Platform if You have misused the GT Forge Platform or the Services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.

With respect to Your participation on the GT Forge Platform or through the Services, You agree that You will not:

Impersonate any person or entity;

“Stalk” or otherwise harass any person;

Express or imply that any statements You make are endorsed by Us, without Our specific prior written consent;

use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;

post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

remove any copyright, trademark or other proprietary rights notices contained in the Service;

interfere with or disrupt the Services or the GT Forge Platform or the servers or networks connected to the Services or the GT Forge Platform;

post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;

“frame” or “mirror” any part of the Service, without Our prior written authorization or use meta tags or code or other devices containing any reference to Us or the Services or the GT Forge Platform in order to direct any person to any other web site for any purpose; or

modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services or cause others to do so.

You further agree that Your Information and Your interactions on the GT Forge Platform shall not:

be false, inaccurate or misleading (directly or by omission or failure to update information);

infringe any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

violate any law, statute, ordinance or regulation;

be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;

contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;

include in Your Information any telephone numbers, street addresses, last names, URL’s or E-mail addresses other than where explicitly asked for it in the Your registration and profile section;

contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

create liability for Us or cause Us to become subject to regulation as a transportation carrier or provider of taxi service; or

link directly or indirectly to any other web sites. You further agree that You will not transfer, use, or sell Your GT Forge account and/or ID to any another party. We reserve the right, but We have no obligation, to reject any Participant that does not comply with these prohibitions.

 

Proprietary Rights

GT Forge owns and retains ownership in the GT Forge Platform, and all intellectual property therein. Contingent upon Your compliance with the terms and conditions of this Agreement, GT Forge hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the GT Forge Platform on

any Android device that You own or control and/or

any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”).

This license does not allow You to use the GT Forge Platform on any Android device, iPod touch, or iPhone that You do not own or control, and You may not distribute or make the GT Forge Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the GT Forge Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the GT Forge Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of GT Forge and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by GT Forge that replace and/or supplement the GT Forge Platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

You warrant and represent to Us that Your Information is posted by You and that You are the sole author of Your Information. To enable the GT Forge Platform to use Your Information without violating any rights You might have in such information, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other Participants, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights You have in Your Information and Your Content, and to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, in any media now known or not currently known, with respect to Your Information. GT Forge will only use Your Information and Content in accordance with Our Privacy Policy. You may remove Your Content or Your Information from the GT Forge Platform at any time. If You choose to remove Your Content or Your Information, the license granted above will automatically expire, however You acknowledge that GT Forge may retain archived copies of Your Content. GT Forge does not assert any ownership over Your Content; rather, as between Us and You, subject to the rights granted to Us in these Terms of Service, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content. In addition, other Participants may post copyrighted information on the GT Forge Platform, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information of other Participants on the GT Forge Platform.

 

Information Control

Location data provided by the GT Forge Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither GT Forge, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.

 

Any of Your Information, including geolocational data, You upload, provide, or post on the GT Forge Platform may be accessible to certain Users of the GT Forge Platform. We cannot verify or guarantee the accuracy of the information Users provide Us on the GT Forge Platform, and We do not control the information provided by other Users that is made available through Our system. Therefore, GT Forge cannot and does not confirm each User’s purported identity. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the GT Forge Platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the GT Forge Platform, You agree to accept such risks and GT Forge is not responsible for the acts or omissions of users on the GT Forge Platform. In order to help You evaluate with whom You are dealing, GT Forge can link to a User’s Facebook.com profile if they supply Us with their Facebook.com account information. We also encourage You to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.

 

GT Forge E-mail and Text Communications

E-mail communications and text messages sent from Us or through Us are designed to make Your GT Forge experience more efficient. By becoming a Participant, You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from Us or through Us, which include, without limitation: message notification e-mails, e-mails or text messages informing You about potential available Drivers or Riders and e-mails informing You of promotions We run and emails informing You of new and existing features We provide. Standard text messaging charges applied by Your cell phone carrier will apply to text messages We send. If You change Your mobile phone service provider, the notification service may be deactivated for Your phone number and You may need to re-enroll in the notification service. GT Forge reserves the right to cancel the notification service at any time. If You do not wish to receive any of our e-mail communications or text messages, please do not use the Services.

 

Intellectual Property

All intellectual property rights on the GT Forge Platform and in the Services shall be owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the GT Forge Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the GT Forge Platform or the Services (“Submissions”), provided by You to Us are non-confidential and shall become the sole property of GT Forge. GT Forge shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

 

Copyright Complaints and Copyright Agent

GT Forge respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to GT Forge’s Copyright Agent at GT Forge Inc., 237 West 35th Street, Suite 200, New York, NY 10001.

 

A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringed is located. Include enough information to allow GT Forge to locate the material, and explain why You think an infringement has taken place;

A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

Your address, telephone number, and e-mail address;

A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and

An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

 

Indemnity

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Service, including:

Your breach of this Agreement or the documents it incorporates by reference; or

Your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of Your own interaction with such third party,

any allegation that any materials that You submit to Us or transmit to the Services or to Us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;

Your ownership, use or operation of a motor vehicle or passenger vehicle, including Your provision of rides to Riders; and/or

any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Services and neither do We adopt nor endorse nor are We responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Us. Under no circumstances will We be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to participants. We reserve the right, but We have no obligation, to monitor the materials posted in the public areas of the Services. Notwithstanding this right, You remain solely responsible for the content of the photos, profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the “Content”) that You post in the public areas of the Services and in Your private e-mail messages. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. E-mails sent between You and other participants that are not readily accessible to the general public will be treated by Us as private to the extent required by applicable law.

 

The GT Forge Platform contains (or You may be sent through the GT Forge Platform or the Services) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the GT Forge Platform or any Third Party Applications, Software or Content posted on, available through or installed from the GT Forge Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Us. If You decide to leave the GT Forge Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, You do so at Your own risk and You should be aware that Our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the GT Forge Platform or relating to any applications You use or install from the GT Forge Platform.

 

Other Disclaimers

We, Our subsidiaries, officers, directors, employees and our suppliers provide the GT Forge Platform and the Services on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the GT Forge Platform and/or the Services. We, Our subsidiaries, officers, directors, employees and Our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. We do not warrant that Your use of the Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each User is at least the required minimum age, nor do We accept responsibility or liability for any content, communication or other use or access of the GT Forge Platform or the Services by persons under the age of 18 in violation of this Agreement. We are not responsible or liable in any manner for any Content posted on the GT Forge Platform or in connection with the Service, whether posted or caused by Users of the GT Forge Platform, by GT Forge, by third parties or by any of the equipment or programming associated with or utilized in the GT Forge Platform or the Services. Although We provide rules for User conduct and postings, We do not control and are not responsible for what Users post, transmit or share on the GT Forge Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the GT Forge Platform or in connection with any Content. GT Forge is not responsible for the conduct, whether online or offline, of any user of the GT Forge Platform or Services. It also is possible for others to obtain personal information about You due to Your use of the GT Forge Platform or the Services, and that the recipient may use such information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the GT Forge Platform or through the Services.

 

You are solely responsible for Your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between You and other Users. Please carefully select the type of information that You post on the GT Forge Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Participants or Users (including unauthorized users, or “hackers”). GT Forge only offers a venue that enables Drivers and Riders to match with each other. GT Forge does not offer transportation services and GT Forge is not a transportation company. We are not involved in the actual transportation provided by Drivers to Riders. As a result, We have no control over the quality or safety of the transportation that occurs as a result of the Service; nor do We have any control over the truth or accuracy of the of Participants’ information listed on the GT Forge Platform. We cannot ensure that a Driver or Rider is who he or she claims to be or that a Driver or Rider will actually complete an arranged service. We reserve the right to change any and all Content, software and other items used or contained in the GT Forge Platform and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GT Forge or the GT Forge Platform.

 

The GT Forge Platform and the Services may be temporarily unavailable from time to time for maintenance or other reasons. GT Forge assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. GT Forge is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the GT Forge Platform, on any web site or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Services.

 

Limitation of Liability

In no event will We, Our subsidiaries, officers, directors, employees or Our suppliers, be liable to You for any incidental, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by Our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with GT Forge, Our services or this agreement (however arising, including negligence) even if We or Our agents or representatives know or have been advised of the possibility of such damages. We do not screen the participants using the services in any way. As a result, We will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of GT Forge or the services, including, without limitation, to damages arising out of communicating and/or meeting with other participants of GT Forge or the services, or introduced to you via GT Forge or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of Our subsidiaries, officers, directors, employees, and suppliers, to You or any third parties in any circumstance is limited to $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions or limitations may not apply to You, and You may have additional rights.

 

GT Forge has no responsibility whatsoever for the actions, conduct or negligence of Drivers or Riders. GT Forge has no obligation to intervene in or be involved in any way in disputes that may arise between Drivers, Riders, or third parties. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with You. It is each Rider and Driver’s responsibility to take reasonable precautions in all actions and interactions with any party they may interact with through use of the services. GT Forge may but has no responsibility to screen or otherwise evaluate potential Riders or users. Users understand and accept that GT Forge has no control over the identity or actions of the Riders and Drivers, and GT Forge requests that users exercise caution and good judgment when using the services. Drivers and Riders use the services at their own risk.

 

Release

In the event that You have a dispute with one or more Users (i.e., Riders or Drivers), You agree to release GT Forge (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the GT Forge Platform or the Services.

 

Breach

Without limiting other remedies, We may terminate Your Participation, remove Your Information, warn Our community of Your actions, issue a warning, and refuse to provide Our services to You if:

You breach this Agreement or the documents it incorporates by reference;

We are unable to verify or authenticate any information You provide to Us;

We believe that Your actions may cause financial loss or legal liability for You, Our users or Us, or subject GT Forge or You or any other User to regulation by any state or local government or regulatory agency; or

if We suspect that You have engaged in fraudulent activity in connection with the GT Forge Platform or the Services.

 

Agreement to Arbitrate All Disputes and Legal Claims

You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the GT Forge Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the state in which the Agreement was performed. The arbitration shall be conducted by the American Arbitration Association, in New York County, under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

 

YOU ACKNOWLEDGE AND AGREE THAT YOU AND GT FORGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to GT Forge’s business, operations and properties (“Confidential Information”) disclosed to You by GT Forge for Your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of GT Forge in order to prevent it from falling into the public domain. Notwithstanding the above, You shall not have liability to GT Forge with regard to any Confidential Information which You can prove:

 

was in the public domain at the time it was disclosed or has entered the public domain through no fault of Yours;

was known to You, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure;

is disclosed with the prior written approval of GT Forge;

becomes known to You, without restriction, from a source other than GT Forge without breach of this Agreement by You and otherwise not in violation of GT Forge’s rights; or

is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to GT Forge to enable GT Forge to seek a protective order or otherwise prevent or restrict such disclosure.

No Agency

 

YOU AND GT FORGE ARE INDEPENDENT CONTRACTORS, AND NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS AGREEMENT.

 

Notices, Complaints

Except as explicitly stated otherwise, any notices to GT Forge shall be given by certified mail, postage prepaid and return receipt requested to GT Forge Inc., 237 West 35th Street, Suite 200, New York, NY 10001, and any notices to You shall be provided to You through the GT Forge Platform or given to You via the email address You provide to GT Forge during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to GT Forge during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

To resolve a complaint regarding the Service, You should contact Our Customer Service Department by email nycsupport@gett.com.

 

Privacy Policy

GT Forge is dedicated to protecting Your personal information and informing You about how We use it. This privacy policy applies to transactions and activities and data gathered through the GT Forge Platform.  We do not sell or rent Your Information to third parties for their marketing purposes without Your explicit consent and We only use Your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that You and Your information is one of Our most important assets. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify Our privacy principles. If You object to Your Information being transferred or used in this way, please do not use or access Our Services.

 

If at any point We decide to use particular personally identifiable information in a manner materially different from that stated at the time it was collected, We will notify Users by way of an email or by providing 30 days notice on the GT Forge Platform.

 

Please review this privacy policy periodically as We may revise it without notice. Each time You use the GT Forge Platform or provide Us with information, by doing so You are accepting the practices described in this privacy policy at that time.  Please note that We will continue to have the right to change Our privacy policy and practices, and how We use Your personally identifiable information, without notice, as described in herein, provided that such changes shall only apply to information gathered on or after the date of the change.

 

Data We Collect From You

In order to operate the GT Forge Platform and to provide You with information about products or services that may be of interest to You, We may request “personal information” (i.e., information that could be used to contact You directly (without using the GT Forge Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e., information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information. We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with GT Forge and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your GT Forge account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:

 

“non-public information”, which consists of ride transaction information and one-on-one communications between You and other users of the GT Forge Platform; and

“public information”, which consists of all other demographic information.

Please note that nowhere on the GT Forge Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.

 

How We Use Personal Information

We use Your email address and Your other personal information to help Us efficiently operate the GT Forge Platform, to contact You in connection with Your transactions and other activities on the GT Forge Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with GT Forge), to forward trip information to You from other Users, to forward trip information from You to other Users, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

 

To operate the GT Forge Platform, including processing Your transactions and supporting Your activities on the GT Forge Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.

 

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the GT Forge Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the GT Forge Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.

 

Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.

 

How We Use Demographic Data

We may review all demographic Data. We may use public information to enable other users to search Your profile, to determine whether Your trip details fit other user’s requirements, and to communicate with You. We may use demographic information to tailor the GT Forge Platform and communications to Your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers Your identity). One of the reasons We may do this is to increase the likelihood that Our advertisers’ goods and services will appeal to You as a user of the GT Forge Platform. Our sharing of demographic information with advertisers is anonymous (i.e., We do not tell advertisers which particular GT Forge Users are members of which demographic groups), subject to the rest of this privacy policy. When You respond to an advertisement, however, We ask You to remember that if that ad that is targeted to a demographic group and You decide to give the advertiser Your personal information, then the advertiser may be able to identify You as being a member of that demographic group.

 

How to Edit Your Information

GT Forge provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the GT Forge menu. There You can view, update and correct Your account information.

 

So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.

 

Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remains in Our databases and become the property of GT Forge upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.

 

Information Retention

To preserve the integrity of Our databases, standard procedure calls for Us to retain information submitted by members for an indefinite length of time. GT Forge understands Your submissions as consent to store all Your information in one place for this indefinite length of time, if We so wish. If required by law, as is the case to comply with the Children’s Online Privacy Protection Act (COPPA), We will nullify member information by erasing it from Our database. We will also respond to written member requests to nullify account information. Also, by using the GT Forge Platform, You do hereby represent and warrant that You understand and agree that all information submitted by You through the GT Forge Platform or otherwise to GT Forge becomes the property of GT Forge and may be used in the sole discretion of GT Forge in accordance with this Privacy Policy and the Terms of Use.

 

Choice/Opt-Out

GT Forge provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. GT Forge gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.

 

Special Cases in Which We Share Personal Information

Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of GT Forge or other visitors to the GT Forge Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control. Whenever personal information is disclosed under this paragraph, We may also disclose Your demographic information along with it, on a non-anonymous basis. All of Our parent, subsidiary and affiliated legal entities and businesses that receive Your personal information or non-anonymous demographic information from Us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

 

Our Security Precautions

Your GT Forge Profile is password-protected so that only You and authorized GT Forge employees have access to Your account information. If You have registered for GT Forge using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. GT Forge staff will never proactively reach out to You and ask for any personal account information, including Your password If You share a computer, You should sign out of Your GT Forge account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.

 

GT Forge makes every effort to ensure that Your information is secure on its system. GT Forge has staff dedicated to maintaining Our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every GT Forge employee is aware of Our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, GT Forge cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to GT Forge Terms of Use. GT Forge expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the GT Forge Platform.

 

GT Forge has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.

 

The GT Forge Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the GT Forge Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the GT Forge Platform.

 

Export Control

You agree to comply fully with all United States and foreign export laws and regulations to ensure that neither the Platform nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.  By using the Platform acquired from the Apple App Store or Google Play, or from the GT Forge Website, you represent and warrant that: (i) you are not located in a country that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restrictive parties.

 

General

This Agreement shall be governed by the laws of the State of New York without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by GT Forge, in Our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and GT Forge with respect to the subject matter hereof. Sections referring to Services, Licenses, Liability Limit, Indemnity, and Resolution of Disputes shall survive any termination or expiration of this Agreement.  By using the GT Forge Platform, You do hereby represent and warrant that You have read, understand and agree to all terms of Agreement. Each time You use the GT Forge Platform, You agree to all terms set forth in this Agreement and any other policies published by GT Forge on the GT Forge Platform.

 

Contacting GT Forge

If You have any questions about this privacy statement, the practices of GT Forge, or Your dealings with GT Forge, You may contact Us at: nycsupport@gett.com

By continuing to use the site, you agree to the use of cookies. You can change this and find out more by following this link.
Accept Cookies