Last Updated December 23, 2016
This following user agreement describes the terms and conditions on which getme offers you access to the getme Application and/or Platform.
These terms of service constitute a legally binding agreement (the "Agreement") between you ("you," or "your") and getme ("getme," "we," "us" or "our"). getme, is under exclusive license from Get It Delivery Technologies, a Delaware corporation, governing your use of the getme application, website, and technology platform (collectively, the "getme Application").
The getme Application provides an available map where consumers who seek transportation to certain destinations or require the delivery of products ("Members") can be matched with persons driving to, near to or through those destinations ("Go-Getter"). Go-Getters and Members are collectively referred to herein as "End User" and each End User shall create an account that enables such End User to access the getme Application. For purposes of this End User License Agreement (EULA), the various driving services provided by Go-Getters to Members that are selected through the getme Application shall be referred to collectively as the "getme Service" or "getme Platform".
getme is neither a transportation service, nor is it a transportation carrier. It is up to the Go-Getter to decide whether or not to accept either a delivery or a ride to a Member contacted through the getme Application, and it is up to the Member to decide whether or not to accept a ride, or agree a delivery from any Go-Getter contacted through the getme Application. Any decision by an End User to offer or accept getme Services once such End User is matched through the getme Application is a decision made in such End User's sole discretion. Each delivery or transportation Service provided by a Go-Getter to a Member shall constitute a separate agreement between such persons.
By creating your account and using the getme Application, you expressly acknowledge that you understand this EULAand accept all of its terms. If you do not agree to be bound by the terms and conditions of this EULA, you may not use or access the getme Application or the getme Services.
We reserve the right to modify the terms and conditions of this EULA at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the "Last Updated" date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the getme Application or getme Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the getme Application or getme Services.
The getme Application is available only to, and may only be used by persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the getme Application is not available to children (persons under the age of 18) or End Users who have had their End User account temporarily or permanently deactivated. By becoming an End User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this EULA.
As a Member, you agree that any amounts charged following a ride or delivery (a "Charge") are mandatory and due and payable immediately upon completion of the ride or delivery of goods. Charges include Ride Fees, Delivery Fees, Go-Getter Fees and other applicable fees, tolls, surcharges, and taxes as set forth on your City charges, plus any tips to the Go-Getter that you elect to pay. getme has the authority and reserves the right to determine and modify pricing by posting applicable Charges to your Cities / State / Country's ordinance. You are responsible for reviewing the applicable City / Ordinance charges and are responsible for all Charges incurred under your End User account regardless of your awareness of such Charges or the amounts thereof. In all Cities, Ride Charges are subject to maximum limits and in no event shall they exceed $500, Delivery Charges vary depending on the Cost of Goods and at the applicable Go-Getter percentage fee.
In exchange for permitting you to offer your Services through the getme Application and marketplace as a Go-Getter, you agree to pay getme (and permit getme to retain) a fee of up to 20% (the "Administrative Fee") of the Ride Fees, Go-Getter Fees & Delivery Zone paid by Members for such Services. In certain jurisdictions, cities or ordinances you agree to pay getme an Administrative Fee of up to 25% of Ride Fees to cover additional operating costs. The amount of the applicable Administrative Fee will be communicated to you in writing but is subject to change on a prospective basis at getme's discretion. You understand and agree that the Safety & Security Fee, airport fees, processing fees for any additional payments, or any taxes or state or local fees imposed on and collected by getme shall be retained solely by getme.
getme, at its sole discretion, may make available promotions with different features to any Go-Getter's or prospective Go-Getters. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with getme.
Current Fare & Fee structure charges for our Rideshare [somewhere] service of our App. getme has the right to change, modify, adapt or remove types without prior notice, and any updates will be shown here, and communicated to you via email / text message or app notification.Day Rate Schedule (5:00am - 9:59pm)
|Vehicle Type||Base Rate||Per Mile||Per Minute||Safety & Security Fee|
|Vehicle Type||Base Rate||Per Mile||Per Minute||Safety & Security Fee|
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the getme Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. getme does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole Authorized User of your account. You are responsible for maintaining the confidentiality of any password provided by you or getme for accessing the getme Platform. You are solely and fully responsible for all activities that occur under your User account, and getme expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cell number you provide to us. By consenting to being contacted by getme, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or other methods and systems, which will deliver prerecorded messages sent by or on behalf of getme, its affiliated companies and/or Go Getters, including but not limited to: operational communications concerning your User account or use of the getme Platform or Services, updates concerning new and existing features on the getme Platform, communications concerning promotions run by us or our third party partners, and news concerning getme. IF YOU WISH TO OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS THAT ARE PROVIDED TO YOU. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the getme Platform or the Services. However, you acknowledge that opting out of receiving text messages or other communications may impact your use of the getme Platform or the Services.
With respect to your use of the getme Platform and your participation in the Services, you agree that you will not:
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these procedures.
getme has partnered with a number of companies to extend and enhance the customer experience. With the sale and delivery of alcohol, tobacco and liquor products these products may only be requested and delivered by our designated partners, and equally within the constraints of the customer’s delivery location where restrictions may apply.
Currently our ondemand partner network (opn) delivering alcohol, liquor and tobacco products are:
For getme drivers and customer requests of these items not through our current ondemand partner network, the following restrictions apply:
getme has a zero-tolerance drug and alcohol policy for drivers. Neither open containers of alcohol nor illegal substances are permitted in a driver's vehicle at any time. If a passenger/member believes their driver is in violation of this policy, the passenger/member is instructed to request an immediate end to the ride. Riders are then instructed to report the violation to email@example.com.
Upon receipt of a customer's complaint of a violation of the zero-tolerance policy, getme will immediately suspend the driver from the platform pending an investigation into the incident. If the driver is found to be in violation of getme's zero-tolerance policy, they will be permanently removed from the platform.
By providing Services as a Go-Getter on the getme Platform, you represent, warrant, and agree that:
Driver Requirements with the State of Texas (Austin, Dallas, Houston) for Rideshare only: **please note that not all requirements below pertain to each or all Cities**
All intellectual property rights in the getme Platform 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 getme Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions") provided by you to us are non-confidential and shall become the sole property of getme. getme 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.
getme, the getme / Get It & Get Data arrow and all other getme / Get It / Get Data / Something or Somewhere logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of getme in the United States and/or other countries (collectively, the "getme trademarks"). If you provide Services as a Go-Getter, getme grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this EULA, a limited, revocable, non-exclusive license to display and use the getme trademarks solely in connection with providing the Services through the getme Platform ("License"). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without getme's prior written permission, which it may withhold in its sole discretion. The getme trademarks may not be used in any manner that is likely to cause confusion.
You acknowledge that getme is the owner and licensor of the getme trademarks, and that your use of the getme trademarks will confer no additional interest in or ownership of the getme trademarks in you but rather inures to the benefit of getme. You agree to use the getme trademarks strictly in accordance with getme's Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that getme determines to nonconforming or otherwise unacceptable.
Violation of any provision of this License may result in immediate termination of the License, in getme's sole discretion. If you create any materials bearing the getme / Get It / Get Data / Something or Somewhere Trademarks (in violation of this Agreement or otherwise), you agree that upon their creation getme exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the getme Trademarks or derivative works based on the getme Trademarks. You further agree to assign any interest or right you may have in such materials to getme, and to provide information and execute any documents as reasonably requested by getme to enable getme to formalize such assignment.
The following disclaimers are made on behalf of getme, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The getme Platform is provided 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 getme Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We 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 getme Platform or getme Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the getme Platform will be corrected, or that the getme Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the getme Platform or Services.
We have no control over the quality or safety of the transportation that occurs as a result of the getme Services. We cannot ensure that a Go-Getter will complete an arranged transportation service.
We cannot guarantee that each End User is who he or she claims to be. Please you're your common sense and be reasonable when using the getme Platform and getme Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the getme Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Go-Getter prior to engaging in an arranged getme service.
getme is not responsible for the conduct, whether online or offline, of any End User of the getme Platform or getme Services. You are solely responsible for your interactions with other End Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Go-Getter Drivers. By using the getme Platform and participating in the getme Services, you agree to accept such risks and agree that getme is not responsible for the acts or omissions of End Users on the getme Platform or participating in the getme Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the getme Platform (including any profile information you provide), send to other End Users, or share during the getme Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other End Users on the getme Platform or through the getme Services. Please ensure that the type of information that you post on the getme Platform or through the getme Services is at your own submission. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or "hackers").
Location data provided by the getme 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 inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither getme, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the getme Platform. Any of your Information, including geolocation data, you upload, provide, or post on the getme Platform may be accessible to getme and certain End Users of the getme Platform.
Optimal Route: While we make every effort to show the exact route taken by our drivers, sometimes due to conditions outside of our control we may need to report the 'optimal route' back to our driver and members that Google Maps will show the driver to take. While there is very little difference between the exact route taken & the Google 'optimal route' we are making you aware that the final route taken may look slightly different as shown in the final Member receipt. In these edge cases getme will show and report the 'optimal route' that the driver would be shown via their default Mapping application. If there are any concerns with this please contact us at firstname.lastname@example.org.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the getme Platform and participation in the Services, including:
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, 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 THE getme PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE getme PLATFORM, THE 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 (PROVIDED HOWEVER THAT THIS PROVISION SHALL NOT LIMIT THE SCOPE OF getme'S INSURANCE POLICIES REFERENCED AT WWW.getme.COM/SAFETY). WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE getme PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW 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.
In the event that you have a dispute with one or more End Users, you agree to release getme (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages 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 End Users or to your use of the getme Platform or participation in the getme Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
This Agreement is effective upon your creation of a User account, as amended by any modifications made by getme as outlined at the start of this EULA. You may discontinue your use of the getme Platform or participation in the getme Services at any time, for any reason. We may suspend or deactivate your User account (either as a Go-Getter and/or Member), or revoke your permission to access the getme Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the getme Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. Sections 1, 4 (with respect to the license), 6-11 and 13-21 shall survive any termination or expiration of this Agreement.
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 getme Platform and/or the getme Services, or the interpretation, enforceability, revocability, or validity of the Agreement), 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 under its Commercial Arbitration Rules (information can be found 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 getme 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.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to getme's business, operations and properties, including End User information ("Confidential Information") disclosed to you by getme 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 getme in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to getme with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by getme 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 getme; becomes known to you, without restriction, from a source other than getme without breach of this Agreement by you and otherwise not in violation of getme'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 getme to enable getme to seek a protective order or otherwise prevent or restrict such disclosure.
You and getme are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to getme shall be given by certified mail, postage prepaid and return receipt requested to:
Get It Delivery Technology, 7920 Beltline Rd, Dallas, TX 75254
Such notice shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the getme Platform or given to you via the email address you provide to getme during the registration process, and such notice shall be deemed given immediately upon sending.
To resolve a complaint regarding the getme Platform, you should first contact our Customer Service Department through our support email at email@example.com
If you wish to file a complaint with the Nevada Transportation Authority, please visit: http://nta.nv.gov/Consumers/Consumers_Home/.
This Agreement shall be governed by the laws of the State of Texas 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 remain in force. You agree that this EULAand all incorporated agreements may be automatically assigned by getme, in our sole discretion in accordance with the "Notices" section of this EULA.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and getme with respect to the subject matter hereof.