Terms and Conditions
1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and GET. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GET may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
GET may amend the Terms related to the Services from time to time. Amendments will be effective upon GET’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that enables users of GET’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation services onboard GET’s Community Optimised Managed Electric Transport (COMET) vehicles. The Services is also inclusive of the in-Application “wallet”, which holds electronic funds usable for purchases made through the Application. Unless otherwise agreed by GET in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Subject to your compliance with these Terms, GET grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by GET and GET’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by GET; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain GET’s property or the property of GET’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner GET’s company names, logos, product and service names, trademarks or services marks or those of GETs licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to GET certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or GET’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by GET in writing, you may only possess one Account.
User Requirements and Conduct.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to GET employees or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GET does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a GET Employee (“Charges”). After you have received services or goods obtained through your use of the Service, GET will facilitate your payment of the applicable Charges on behalf of the GET employee as such GET employee’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the GET employee. Charges paid by you are final and non-refundable, unless otherwise determined by GET. You retain the right to request lower Charges from a GET employee for services or goods received by you from such GET employee at the time you receive such services or goods. GET will respond accordingly to any request from a GET employee to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by GET using the preferred payment method designated in your Account, which will be denoted within your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that GET may, as the GET employee’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and GET, GET reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in GET ’s sole discretion. GET will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. GET may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a GET employee at any time prior to such GET employee’s arrival, in which case you may be charged a cancellation fee..
Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, GET employee vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a GET employee reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by GET in GET ’s reasonable discretion, GET reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the GET employee using your payment method designated in your Account. Such amounts will be transferred by GET to the applicable GET employee and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GET DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ITS SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
GET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF GET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY GET employee, EVEN IF GET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GET SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GET’S REASONABLE CONTROL. IN NO EVENT SHALL GET’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold GET and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) GET’s use of your User Content; or (iv) your violation of the rights of any third party, including GET employees.
6. Lost Property
You understand and agree that it is your responsibility to ensure that you remove your property from the COMET vehicle when disembarking. Should you leave your property in a COMET, onboard employees may hand over your property to you, GET or to the GET local service entity.
Whilst you may expect GET employees to hand over your property to you, the offices of GET or the GET local service entity, GET or the GET local service entity shall not be held liable in the event of the GET employee not handing over your property as expected. Moreover, GET or the GET local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst GET or the GET local service entity will take reasonable steps to establish the owner of property left in a COMET vehicle if returned to the offices of GET or the GET local service entity, when your property is in GET’s or the GET local service entity’s possession, you understand and agree that: (i) GET or the GET local service entity will only keep your property in its possession for a maximum period of three months from the date on which the GET employee handed your property to GET or the GET local service entity; and (ii) should you fail to collect your property from GET or the GET local service entity before the expiry of the three month period stipulated, GET or the GET local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against GET or the GET local service entity in respect of your unclaimed property.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to GET’s designated agent.
GET may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to GET by written communication to GET’s address at 2006 Edison St., Brgy. San Isidro, Makati City, the Philippines.
You may not assign or transfer these Terms in whole or in part without GET’s prior written approval. You give your approval to GET for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of GET’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, GET or any GET employee as a result of the contract between you and GET or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”